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    EL - 14 - Romualdez Marcos Vs COMELEC

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    clarisse lyka hatton
    Imelda Romualdez-Marcos was running for Representative of the First District of Leyte but her eligibility was challenged based on the residency requirement. The Court ruled that Imelda satisfied the one-year residency requirement based on the following: (1) As a minor, her domicile was that of her parents in Tacloban, Leyte; (2) She did not abandon her domicile of origin by moving elsewhere with her husband; and (3) Upon returning to the Philippines, her actions demonstrated she chose Tacloban as her domicile of choice. Therefore, the Commission on Elections' decision disqualifying Imelda was set aside and she was declared the

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    EL - 14 - Romualdez Marcos Vs COMELEC

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    clarisse lyka hatton
    218 views2 pages
    Imelda Romualdez-Marcos was running for Representative of the First District of Leyte but her eligibility was challenged based on the residency requirement. The Court ruled that Imelda satisfied the one-year residency requirement based on the following: (1) As a minor, her domicile was that of her parents in Tacloban, Leyte; (2) She did not abandon her domicile of origin by moving elsewhere with her husband; and (3) Upon returning to the Philippines, her actions demonstrated she chose Tacloban as her domicile of choice. Therefore, the Commission on Elections' decision disqualifying Imelda was set aside and she was declared the

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    EL_14_Romualdez-Marcos-vs-COMELEC

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    Imelda Romualdez-Marcos was running for Representative of the First District of Leyte but her eligibility was challenged based on the residency requirement. The Court ruled that Imelda satisfied the one-year residency requirement based on the following: (1) As a minor, her domicile was that of her parents in Tacloban, Leyte; (2) She did not abandon her domicile of origin by moving elsewhere with her husband; and (3) Upon returning to the Philippines, her actions demonstrated she chose Tacloban as her domicile of choice. Therefore, the Commission on Elections' decision disqualifying Imelda was set aside and she was declared the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    218 views2 pages

    EL - 14 - Romualdez Marcos Vs COMELEC

    Uploaded by

    clarisse lyka hatton
    Imelda Romualdez-Marcos was running for Representative of the First District of Leyte but her eligibility was challenged based on the residency requirement. The Court ruled that Imelda satisfied the one-year residency requirement based on the following: (1) As a minor, her domicile was that of her parents in Tacloban, Leyte; (2) She did not abandon her domicile of origin by moving elsewhere with her husband; and (3) Upon returning to the Philippines, her actions demonstrated she chose Tacloban as her domicile of choice. Therefore, the Commission on Elections' decision disqualifying Imelda was set aside and she was declared the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Romualdez-Marcos vs COMELEC

    248 SCRA 300

    FACTS:

    Imelda Romualdez-Marcos was running for the position of Representative of the


    First District of Leyte for the 1995 Elections. Cirilo Roy Montejo, the incumbent
    Representative of the First District of Leyte and also a candidate for the same
    position, filed a “Petition for Cancellation and Disqualification" with the Commission
    on Elections alleging that petitioner did not meet the constitutional requirement
    for residency. The petitioner, in an honest misrepresentation, wrote seven months
    under residency, which she sought to rectify by adding the words "since childhood"
    in her Amended/Corrected Certificate of Candidacy filed on March 29, 1995 and
    that "she has always maintained Tacloban City as her domicile or residence. She
    arrived at the seven months residency due to the fact that she became a resident
    of the Municipality of Tolosa in said months.

    ISSUE: Whether petitioner has satisfied the 1year residency requirement to be


    eligible in running as representative of the First District of Leyte.

    HELD:

    Residence is used synonymously with domicile for election purposes. The court are
    in favor of a conclusion supporting petitoner’s claim of legal residence or domicile
    in the First District of Leyte despite her own declaration of 7 months residency in
    the district for the following reasons:

    1. A minor follows domicile of her parents. Tacloban became Imelda’s domicile of


    origin by operation of law when her father brought them to Leyte;

    2. Domicile of origin is only lost when there is actual removal or change of


    domicile, a bona fide intention of abandoning the former residence and establishing
    a new one, and acts which correspond with the purpose. In the absence and
    concurrence of all these, domicile of origin should be deemed to continue.
    3. A wife does not automatically gain the husband’s domicile because the term
    “residence” in Civil Law does not mean the same thing in Political Law. When Imelda
    married late President Marcos in 1954, she kept her domicile of origin and merely
    gained a new home and not domicilium necessarium.

    4. Assuming that Imelda gained a new domicile after her marriage and acquired
    right to choose a new one only after the death of Pres. Marcos, her actions upon
    returning to the country clearly indicated that she chose Tacloban, her domicile of
    origin, as her domicile of choice. To add, petitioner even obtained her residence
    certificate in 1992 in Tacloban, Leyte while living in her brother’s house, an act,
    which supports the domiciliary intention clearly manifested. She even kept close
    ties by establishing residences in Tacloban, celebrating her birthdays and other
    important milestones.

    WHEREFORE, having determined that petitioner possesses the necessary


    residence qualifications to run for a seat in the House of Representatives in the
    First District of Leyte, the COMELEC's questioned Resolutions dated April 24,
    May 7, May 11, and May 25, 1995 are hereby SET ASIDE. Respondent COMELEC is
    hereby directed to order the Provincial Board of Canvassers to proclaim petitioner
    as the duly elected Representative of the First District of Leyte.

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