Japzon v. Commission on Elections
REITERATIONFacts
The Antecedents: Manuel B. Japzon and Jaime S. Ty were candidates for Mayor of General Macarthur, Eastern Samar, in the May 14, 2007 elections. Japzon filed a petition to disqualify Ty, alleging material misrepresentation in Ty's Certificate of Candidacy. Japzon contended that Ty, a natural-born Filipino who had become a naturalized U.S. citizen, falsely claimed to be a resident of General Macarthur for one year prior to the election and had not renounced his foreign citizenship as required by law. Procedural History: Japzon's petition was filed before the Commission on Elections (COMELEC) as SPA No. 07-568. The COMELEC First Division, in a Resolution dated July 31, 2007, denied Japzon's petition, finding that Ty had reacquired his Philippine citizenship and met the residency requirements. Japzon's subsequent Motion for Reconsideration was denied by the COMELEC en banc in a Resolution dated September 28, 2007, which affirmed the First Division's ruling. Ty had won the election and was declared Mayor. The Petition: Aggrieved, Japzon filed a Petition for Review on Certiorari under Rules 64 and 65 of the Revised Rules of Court with the Supreme Court. Japzon argued that the COMELEC committed grave abuse of discretion by disregarding legal parameters for establishing domicile and residence, and by refusing to cancel Ty's Certificate of Candidacy. Japzon contended that Ty failed to prove he established a new domicile in General Macarthur, Eastern Samar, after reacquiring his Philippine citizenship, thus not meeting the one-year residency requirement. Japzon sought to annul the COMELEC resolutions and have himself declared the duly elected Mayor.
Issue(s)
Whether the Commission on Elections committed grave abuse of discretion amounting to lack or excess of jurisdiction in ruling that respondent Jaime S. Ty complied with the residency requirement for elective public office. Whether respondent Jaime S. Ty committed material misrepresentation in his Certificate of Candidacy regarding his residency and citizenship.
Ruling
The Petition for Certiorari is DISMISSED. The Resolutions of the COMELEC First Division and en banc are AFFIRMED.
Ratio Decidendi
On the issue of COMELEC's grave abuse of discretion: The Court held that the factual findings of the COMELEC, supported by substantial evidence, are binding and conclusive, and that Ty had sufficiently proven his establishment of residence by May 4, 2006, more than a year before the elections. The Court also noted that the purpose of election laws is to give effect to the will of the voters, and Japzon failed to substantiate his claim of Ty's ineligibility. On the issue of residency requirement and material misrepresentation: The Court held that the reacquisition of Philippine citizenship under Republic Act No. 9225 does not automatically re-establish domicile in the Philippines. However, the law does not impose a residency requirement for the reacquisition or retention of citizenship itself, treating citizenship independently of residence. Residency becomes relevant only when a natural-born Filipino with dual citizenship seeks to run for public office. For such a purpose, Section 5(2) of R.A. 9225 requires that the candidate meet constitutional and legal qualifications, including the residency requirement, and make a personal and sworn renunciation of any and all foreign citizenship before filing the certificate of candidacy. Ty complied with the renunciation requirement on March 19, 2007, prior to filing his CoC on March 28, 2007. The Court found that Ty's subsequent acts demonstrated his intent to establish a new domicile of choice in General Macarthur, Eastern Samar. These acts included applying for a Philippine passport indicating his residence there, paying community taxes and securing CTCs from the municipality stating the same address, and registering as a voter on July 17, 2006. Although Ty had become a US citizen and thus abandoned his domicile of origin, his actions after reacquiring Philippine citizenship showed an intention to reside permanently in General Macarthur. The Court also noted that Ty's physical presence in the municipality for at least nine months prior to the election, and his return after temporary trips abroad (from July 14-18, 2006, and October 31, 2006, to January 19, 2007), further manifested his animus manendi (intention to remain) and animus revertendi (intention to return). The Court reiterated that the determination of legal residence or domicile depends on intention inferred from acts, activities, and utterances, and that temporary absences do not necessarily constitute abandonment of residence, especially when the individual returns.
Main Doctrine
Reacquisition of Philippine citizenship under R.A. 9225 does not automatically re-establish domicile in the Philippines; however, subsequent acts demonstrating intent to reside and personal presence in a locality, coupled with registration as a voter and payment of taxes, can establish a new domicile of choice for election law purposes, even if the candidate had previously become a naturalized citizen of another country and had made temporary trips abroad.