JAPZON v.

COMELEC
FACTS:

Manuel Japzon (Japzon) and Jaime Ty (Ty) were candidates for the Office of the Mayor in Gen. MacArthur, E. Samar.

Ty was born on 09 Oct 1943 in Gen. MacArthur, E. Samar (Gen. MacArthur) to a Chinese father and a Filipino mother.
However, he went to the United States to work and subsequently became naturalized as a US Citizen.

With the enactment of RA 9225 which granted dual citizenship to natural-born Filipinos, Ty filed an application for the
reacquisition of his Philippine citizenship. On Oct. 2, 2005, Ty also executed an Oath of Allegiance to the Republic of the
Philippines before the Vice-Consul in Los Angeles, CA.

When he returned to the Philippines, he applied for a passport. On Oct. 26, 2005, he was issued a Philippine passport
indicating that he is a resident of Gen. MacArthur. In 2006 and 2007, Ty secured community tax certificates indicating said
residence. On Jul 17, 2006, Ty was registered as a voter in Gen. MacArthur. On Mar 19, 2007, he executed a duly notarized
Renunciation of Foreign Citizenship.

On Mar 28, 2007 filed his certificate of candidacy for the mayoralty race in Gen. MacArthur. Having garnered the highest vote
during the May 14, 2007 elections, Ty was proclaimed the winner.

On Jun 15, 2007, Japzon filed a Petition to disqualify/cancel Tys Certificate of Candidacy on the ground of material
misrepresentation. He alleged that Ty was not a resident of Gen. MacArthur for one (1) year immediately preceding the
elections. He alleged that while Ty reacquired his Philippine citizenship, this did not automatically restored his residence. In
fact, Ty actually left for the US twice during the said period. Due to this, Japzon prayed that he be declared the winner in the
elections, being the lone qualified candidate for the position.

The COMELEC denied the Petition and the reconsideration subsequently filed by Japzon. It found that Ty was able to comply
with the one (1) year residency requirement based on the evidence of the acts performed by Ty.
ISSUES: Whether or not the Ty complied with the one (1) year residency requirement under the Local Government Code.
HELD/RATIO: YES. A natural-born born Filipino who reacquires Philippine citizenship and who intends to run for public office must:
(1) meet the requirements under the Constitution and the law; and (2) must also make a personal sworn renunciation of any and
all foreign citizenshipsTy undoubtedly complied with the second requirement when he executed a duly notarized Renunciation
of Philippine Citizenship. Ty also satisfied the first requirement, which includes residency.
The reacquisition of Philippine citizenship does not automatically restore the residence/domicile of the person reacquiring
the same. One must reestablish his residence.Under US Law, residence in the US is required to become naturalized as a
US citizen. Thus, when Ty became naturalized as a US citizen, it necessarily meant that he already established his
residence in the US.
Under RA 9225 granting dual citizenship to natural-born Filipino citizen, no residency requirement was imposed. In fact,
residence was not at all touched upon in the said statute. Thus, when Ty reacquired his Philippine citizenship, he did not
automatically restore his residence in the Philippines. He must then reestablish his residence in Gen. MacArthur in order
to be qualified to run as mayor therein.
Based on the facts, as found by the COMELEC, it is clear that Ty was able to comply with the residency requirement. Ty
arrived in Gen. MacArthur on May 4, 2006. While he left for the US twice during the one (1) year period, he actually
resided in the place for nine (9) of the twelve (12) months required. Moreover, his acts of indicating said place as his
residence in his passport, placing himself under the local tax jurisdiction of the place as evidenced by his community tax
certificates, and his registering as a voter of said place show his intention to reestablish his residence in Gen. MacArthur.
While Ty left twice for the US during the one (1) year period, the fact that he returned to Gen. MacArthur showed his
animus manendi and animus revertendi. The residency requirement does not require that the candidate stay in the locality
and never leave the place for the full one (1) year period.