Ugdoracion vs comelec

MAYOR JOSE UGDORACION, JR., VS COMMISSION ON ELECTIONS AND EPHRAIM M. TUNGOL

GR NO. 179851, APRIL 18, 2008

Facts:

1.    Ugdoracion and Tungol were rival mayoralty candidates in the municipality of Albuquerque province of Bohol.

2.    Tungol filed a petition to deny due course or cancel the certificate of candidacy of Ugdoracion, contending that Ugdoracion's declaration of eligibility for mayor constituted material misrepresentation because he is actually a green card holder or a permanent resident of USA.

3.    He stated in his COC that he resided in Albuquerque for forty one years before May 14, 2007 and he is not a permanent resident or an immigrant to a foreign country.

4.    It appears that Ugdoracion became a permanent resident in USA on September 26, 2001.

5.    Ugdoracion alleged that he retained his domicile of origin notwithstanding his ostensible acquisition of permanent residency in the USA.

6.    COMELEC cancelled Ugdoracion's COC - material representation

Issues:

Whether the COMELEC committed grave abuse of discretion in cancelling Ugdoracion's COC for material representation

Ruling:

No grave abuse of discretion.

Section 74, in relation to section 78 of the omnibus election code, requires that the facts stated In the COC must be true, and any false representation therein of a material fact shall be a ground for cancellation thereof. A material fact refers to a candidate's qualification for elective office such as one's citizenship and residence. It is the deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible.

Caasi vs Court of Appeals - that a Filipino citizen's acquisition of a permanent resident status abroad constitutes an abandonment of his domicile and residence in the Philippines. A green card status in the USA is a renunciation of one's status as a resident of the Philippines.

Residence, In contemplation of election laws, is synonymous to domicile. Domicile is the place where one actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return (animus revertendi ) and remain (animus manendi). It consists not only in the intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention.

Domicile is classified into

1.    Domicile of origin - acquired by every person at birth

2.    Domicile of choice - acquired upon abandonment of the domicile of origin

3.    Domicile by operation of law - which the law attributes to a person independently of his residence or intention.

Three basic rules

1.    A man must have a residence or domicile somewhere

2.    Domicile, once established, remains until a new one is validly acquired

3.    A man can have but one residence or domicile at any given time.

The general rule is that domicile of origin is not easily lost, it is only when there is actual removal or change of domicile, Nona dude intention of abandoning the former residence and establishing a new one, and acts which correspond with such purpose. In the instant case however Ugdoracion's acquisition of lawful permanent resident status in the USA amounted to an abandonment and renunciation of his status as a resident of the Philippines.