G.R. No. 180088 January 19, 2009
MANUEL B. JAPZON, Petitioner, vs. COMMISSION ON ELECTIONS and JAIME S. TY, Respondents.
FACTS:
Japzon filed before the COMELEC a Petition to disqualify and/or cancel Ty's Certificate of Candidacy on the ground of material representation. Japzon averred in his Petition that Ty is a natural born Filipino, being born in the Philippines by his Chinese citizen father and his Filipino citizen mother. Ty eventually migrated to the United States of America and became a citizen thereof and have been residing in the U.S. for 25 years.
When Ty filed for his Certificate of Candidacy on March 28, 2007, he allegedly falsely represented therein that he was a resident of General Macarthur, Eastern Samar, for one year and was not a permanent resident of immigrant of any foreign country.
Japzon also alleged that, Ty may have applied for the reacquisition of his Philippine citizenship, but he never actually resided in General Macarthur, Eastern Samar for a period of one year immediately preceding the date of election. He further alleged that, even after the acquisition of Ty's Philippine Citizenship, he continued to make trips to the USA. And that even though Ty had already took his Oath of Allegiance to the Republic of the Philippines, he continued to comport himself as an American citizen as proven by his travel records. He also had failed to renounce his foreign citizenship.
In Ty's answer, he admitted that he indeed was a natural-born Filipino who went to the USA to work and subsequently became a naturalized American citizen. However, ty claimed that before he filed his Certificate of Candidacy, he already performed the following acts:
1. Ty filed with the Philippine Consulate General in Los Angeles, an application for the reacquisition of his Philippine citizenship;
2. On October 2, 2005, Ty executed an Oath of Allegiance to the Republic of the Philippines before the Philippine consulate General in Los Angeles;
3. He applied for a Philippine Passport indicating his application that his residence in the Philippines was at General Macarthur, Eastern Samar and such application was approved;
4. On March 8, 2006, Ty personally secured and signed his CTC from the Municipality of General Macarthur, Eastern Samar and he had also registered as a voter in the said Municipality;
5. He had again secured another CTC from the said Municipality on January 4, 2007;
6. And finally, he executed a duly notarized Renunciation of his Foreign Citizenship on March 19, 2007.
And so, Ty argued that he had reacquired his Philippine citizenship and renounced his American citizenship, and had been a resident of the Municipality of General Macarthur, Eastern Samar, for more than one year prior to the May 14, 2007 elections.
During the pendency of the case, elections were already held and Ty had acquired the highest number of votes and was declared as the Mayor of the Municipality of General Macarthur, Eastern Samar.
The COMELEC denied the petition for lack of merit. They held that Ty did not commit any material misrepresentation in stating in his Certificate of Candidacy that he was a resident of General Macarthur, Eastern Samar.
Japzon filed for a motion for reconsideration but the same was denied.
ISSUE:
Whether or not Ty has complied with the residency requirement for elective position.
RULING:
Yes, the defendant solely complied the residency requirements for elective position.
It bears to point our that Republic Act. No. 9225 governs the manner in which a natural-born Filipino may reacquire or retain his Philippine citizenship despite acquiring a foreign citizenship, and provides for his rights and liabilities under such circumstances.
Republic Act. No. 9225 imposes no residency requirement for the reacquisition or retention of Philippine citizenship; nor does it mention any effect of such reacquisition or retention of Philippine citizenship on the current residence of the concerned natural-born Filipino. Clearly, the said Act treats citizenship independently of residence.
With that said, Ty's reacquisition of his Philippine citizenship under the Republic Act No. 9225 had no automatic impact or effect on his residence/domicile. he could still retain his domicile in the USA, and he did not necessarily regain his domicile in the Municipality of General Macarthur, Eastern Samar. Ty merely had the option to again establish his domicile in the said Municipal, becoming his new domicile of choice.
How then could it be established that Ty indeed establish a new domicile in the Municipality of General Macarthur, Eastern Samar?
The principle of animus recertendi has been used to determine whether a candidate has an "intention to return" to the place where he seeks to be elected. Corollary to this is a determination whether there has been an "abandonment" of his former residence which signifies an intention to depart therefrom.
In Romualdez v. RTC, Br. 7, the Court held that "domicile" and "residence" are synonymous. The term "residence" as used in the election law, imports not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. "Domicile" denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return.
The COMELEC, taking into consideration the very same pieces of evidence presently before this Court, found that Ty was a resident of the Municipality of General Macarthur, Eastern Samar, on year prior to the May 14, 2007 elections.
To successfully challenge Ty's desqualification, Japzon must clearly demonstrate that Ty's ineligibility is so patently antagonistic to constitutional and legal principles that overriding such ineligibility and thereby giving effect to the apparent will of the people would ultimately create greater prejudice to the very democratic institutions of juristic traditions that our Constitution and laws so zealously protect and promote.
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