Romualdez vs RTC, 226 SCRA 408

Facts: Philip Romualdez, the petitioner, is a natural born citizen of the

Philippines, the son of the former Governor of Leyte, Benjamin "Kokoy"
Romualdez, and nephew of the then First Lady Imelda Marcos. Sometime in the
early part of 1980, the petitioner, in consonance with his decision to establish
his legal residence at Barangay Malbog, Tolosa, Leyte, caused the construction
of his residential house therein. He soon thereafter also served as Barangay
Captain of the place where he voted. After the people power, petitioner left the
country and fled to America for asylum. When Romualdez arrived in the
Philippines in December 1991, he did not delay his return to his residence at
Malbog, Tolosa, Leyte. During the registration of voters conducted by the
COMELEC on February 1, 1992 for the Synchronized National and Local
Election scheduled for May 11, 1992, petitioner registered himself anew as a
voter at Precinct No. 9 of Malbog, Tolosa, Leyte. On February 21, 1992, Donato
Advincula, respondent, filed a petition with the MTC of Tolosa, Leyte, praying
that Romualdez be excluded from the list of voters in Precinct No. 9 of Malbog,
Tolosa, Leyte, under BP 881 and RA 7166 alleging that Romualdez was a
resident of Massachusetts, U.S.A.; that his profession and occupation was in
the U.S.A.; that he had just recently arrived in the Philippines; and that he did
not have the required one-year residence in the Philippines and the six-month
residence in Tolosa to qualify him to register as a voter in Barangay Malbog,
Tolosa, Leyte. Romualdez contends that he has been a resident of Tolosa, Leyte,
since the early 1980's, and that he has not abandoned his said residence by
his physical absence therefrom during the period from 1986 up to the third
week of December 1991. After due hearing, the Municipal Court of Tolosa,
Leyte held in favor of the petitioner Advincula then appealed the case to the
respondent court then it rendered the assailed decision that the petitioner is
disqualified to register as a voter for the 1992 elections and hereby reverses the
decision
of
the
lower
court
in
toto.
Hence,
this
recourse.
Issue: Whether or not the respondent court erred in finding the petitioner to
have voluntarily left the country and abandoned his residence in Malbog,
Tolosa,
Leyte.
Held: WHEREFORE PREMISES CONSIDERED, the court finds the respondent
to be a resident of Brgy. Malbog, Tolosa, Leyte and qualified to register as a
voter thereat. Hence, the instant petition for exclusion of Philip G. Romualdez
from the list of voter of Precinct No. 9, Malbog, Tolosa, Leyte is hereby ordered
DENIED and petition DISMISSED.

Romualdez v. RTC etal, Sept. 14, 1993

Facts:
Petitioner Romualdez is a natural-born citizen; the son of Kokoy Romualdez
and a niece of Imelda Marcos. In 1980, he established his residence in Malbog,
Tolosa, Leyte. However, in 1986, during the days of People Power, relatives of
the deposed President (Marcos), fearing for their personal safety, fled the
country. One of them are the Romuladezes they left the country and sought
asylum in the United States.
However, in 1991, the U.S. Immigration informed them to depart from the U.S.
or else theyll be deported. Upon receipt of the information, Romuladez went
back to the Philippines and did not delay his return to his residence in Leyte
and immediately registered himself as a voter.
In 1992, herein private respondent Advincula filed a petition to exclude
petitioner from the list of the voters alleging that the latter is a U.S. resident,
and residency is a qualification for a registered voter. However, the MTC denied
the petition but when the respondent elevated the petition to the RTC, the
appellate court reversed MTCs ruling and disqualified Romuldez as a
registered voter. Hence, this case.

Issue: Whether petitioner is qualified to be a registered voter in Malbog, Tolosa,

Leyte despite his sudden departure to the U.S?
Ruling:
The Court held that YES, Petitioner is qualified as a registered voter because he
is still considered a resident of Malbog, Tolosa, Leyte.
Stating that, the political situation brought about by peoples Power Revolution
must have caused great fear to the Romualdezes, and as having concern over
the safety of their families, their self-exile is understandable. Moreover, their
sudden departure cannot be described as voluntary or abandonment of
residence.
It must be emphasized that the right to vote is a most precious political right; a
bounden duty of every citizen enabling them to participate in the government
process to ensure the will of the people.