Lecture 39

SECTION 39. QUALIFICATIONS.
(a)An elective local official must

be
1. a citizen of the Philippines;
Is a candidate who reacquired Filipino
citizenship by taking an oath of
allegiance to the Republic of the
Philippines without registering the
same with the civil registry and the
Bureau of Immigration qualified to run
for the position of Mayor?
ALTAJEROS VS COMELEC, GR NO. 163256, 10 NOVEMBER 2004
The Case
Petitioner Ciceron P. Altajeros was a candidate for

mayor in the Municipality of San Jacinto, Masbate in
the May 2004 elections
Private respondents Altiche and Versoza, registered
voters of San Jacinto, filed with the COMELEC a
Petition to Disqualify and to Deny Due Course or
Cancel the Certificate of Candidacy of Petitioner on
the ground that he made a false representation
therein that he was not a permanent resident of or
immigrant to a foreign country
The Case
COMELEC, First Division disqualified Altajeros from running as

Mayor of San Jacinto as it has been established by clear
and convincing evidence that he is a citizen of the United
States of America, that although he petitioned for his
repatriation, he failed to prove that he has fully complied
with RA 8171 (An Act Providing for the Repatriation of
Filipino Women Who Have lost Their Philippine Citizenship
By Marriage to Aliens and of Natural-Born Filipinos) to
perfect his repatriation and reacquire Filipino citizenship;
that he has committed false representation which is a
material misrepresentation, which is a valid ground for the
cancellation of his COC
Issue
Is registration with the civil
registry and the Bureau of
Immigration a pre-requisite in
effecting repatriation
Ruling
RA 8171
Section 2. Repatriation shall be effected by taking
the necessary oath of allegiance to the Republic of
the Philippines and registration in the proper civil
registry and in the Bureau of Immigration. The
Bureau of Immigration shall thereupon cancel the
pertinent alien certificate of identification as Filipino
citizen to the repatriated citizen.
The citizenship qualification must be

construed as applying to the time of
proclamation of the elected official and at
the start of his term. (Frivaldo vs COMELEC)
Repatriation retroacted to the date of the

filing of the application. PD 725 ((An Act
Providing for the Repatriation of Filipino
Women Who Have lost Their Philippine
Citizenship By Marriage to Aliens and of
Natural-Born Filipinos-05 June 1975) is a
Petitioner only submitted the

documents proving compliance with
the requirements for repatriation
only during his motion for
reconsideration when the COMELEC
en banc could no longer consider
the same
Petition DENIED.
SECTION 39. QUALIFICATIONS. -
(a) An elective local official must be
2. a registered voter in the barangay,
municipality, city, or province or, in the case of a
member of the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan,
the district where he intends to be elected;
3. a resident therein for at least one (1) year
immediately preceding the day of the election; and
PUNDAODAYA VS COMELEC, GR NO. 179313, 17 SEPTEMBER 2009
Facts
Private respondent Arsenio Densing Noble filed his

certificate of candidacy for Mayor of Kinoguitan,
Misamis Oriental in the 2007 Elections indicating
therein that he has been a resident of Purok 3,
Barangay Esperanza, Kinoguitan, Misamis Oriental
for 15 years
Petitioner Makil U. Pundaodaya, married to Judith
Pundaodaya, Noble’s opponent, filed a petition for
disqualification against Noble due to alleging that
he lacks the residence qualification
Facts
COMELEC Second Division disqualified Noble

Noble garnered the highest number of votes and was
proclaimed the winning candidate
Pundaodaya filed an urgent motion to annul
proclamation
COMELEC en banc reversed the decision of the second
division
Petition for certiorari
Issue/s
Whether the COMELEC en banc gravely abused its

discretion
1. In declaring Noble qualified to run for the mayoralty
position
2. In failing to order the annulment of Noble’s
proclamation and refusing to proclaim Judith
Pundaodaya as the winning candidate
Ruling
“Residence” is to be understood not in its common

acceptation as referring to “dwelling” or
“habitation,” but rather to “domicile” or the legal
residence, that is, “the place a party actually or
constructively has his permanent home, where he,
no matter where he may be found at any given time,
eventually intends to return and remain (animus
manendi) [Japzon vs COMELEC]
Ruling
“Residence” is to be understood not in its common

acceptation as referring to “dwelling” or
“habitation,” but rather to “domicile” or the legal
residence, that is, “the place a party actually or
constructively has his permanent home, where he,
no matter where he may be found at any given time,
eventually intends to return and remain (animus
manendi) [Japzon vs COMELEC]
Domicile denotes a fixed permanent residence which,
whenever absent for business, pleasure, or some
other reasons, one intends to return. It is a
question of intention and circumstances, three rules
must be borne in mind, namely :
1. that a man must have a domicile somewhere;
2. when once established, it remains until a new
one is acquired;
3. a man can have but one residence or domicile
at a time
If one wishes to successfully effect a change

of domicile, he must demonstrate an actual
removal or an actual change of domicile, a
bona fide intention of abandoning the
former place of residence and establishing
a new one, and definite acts which
correspond with the purpose. (Domino vs
COMELEC)
Without clear and positive proof of the

concurrence of these three
requirements, the domicile of origin
continues. (In the Matter of the Petition for
Disqualification of tess Dumpit-Michelena, GR Nos. 163619-20),
475 SCRA 290, 17 November 2005)
While we have ruled in the past

that voting gives rise to a strong
presumption of residence, it is
not conclusive evidence thereof.
(Domino vs COMELEC)
A person’s registration as a voter in one

district is not proof that he is not domiciled
in another district. The registration of a
voter in a place other than his residence of
origin is not sufficient to consider him to
have abandoned or lost his residence.
(Perez vs COMELEC citing Faypon vs
Quirino)
To establish a new domicile of choice,

personal presence in the place must
be coupled with conduct indicative of
that intention. It requires not only
such bodily presence in that place
but also a declared and probable
intent to make it one’s fixed and
permanent place of abode. (Domino
vs COMELEC)
The one-year residency requirement is aimed at
excluding outsiders “from taking advantage of
favorable circumstances existing in that community
for electoral gain”. Establishing residence in a
community merely to meet an election law
requirement defeats the purpose of representation :
to elect through the assent of voters those most
cognizant and sensitive to the needs of the
community. (Torayno, Sr. vs COMELEC citing Aquino vs
COMELEC)
Notwithstanding Noble’s
disqualification, we find no basis for
the proclamation of Judith
Pudaodaya.
Section 44 of the Local Government

Code explicitly provides that the
proclaimed Vice-Mayor shall succeed
as the Mayor (Limbona vs COMELEC)
Does residence entail
ownership of property in
the locality where one
seeks to be elected?
JALOVER VS OSMENA, GR NO. 209286, 23 SEPTEMBER 2104
Facts
John Henry Osmena filed his Certificate of

Candidacy (COC) for Mayor of Toledo
City, indicated in his COC that he had
been a resident therein for 15 years
prior to the May 2013 elections
Facts
Before running for the mayoralty position,

Osmena served as Representative of the
3rd Congressional District of the Province
of Cebu from 1995-1998 (which
includes the City of Toledo)
The Case
Petition to Deny Due Course and Cancel

the Certificate of Candidacy before the
COMELEC
COMELEC Second Division dismissed the
petition on the ground that there was no
material misrepresentation in his COC
Motion for reconsideration filed but before
the COMELEC resolved the same,
Osmena was proclaimed
COMELEC en banc denied the motion for

reconsideration
It is not required that a candidate should
have his own house in order to establish
his residence or domicile in that place.
It is enough that he should live in the
locality even in a rented house or that of
a friend or relative (Sabili vs COMELEC,
GR No. 193261, 24 April 2012)
Petition for certiorari
Issue Osmena’s residence

Ruling
To establish a new domicile of choice,
personal presence in the place must be
coupled with conduct indicative of this
intention. It requires not only such
bodily presence in that place but also a
declared and probable intent to make it
one’s permanent place of abode.

Lecture 39

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SECTION 39. QUALIFICATIONS.

(a)An elective local official must

Petitioner Ciceron P. Altajeros was a candidate for

COMELEC, First Division disqualified Altajeros from running as

The citizenship qualification must be

Repatriation retroacted to the date of the

Petitioner only submitted the

Private respondent Arsenio Densing Noble filed his

COMELEC Second Division disqualified Noble

Whether the COMELEC en banc gravely abused its

“Residence” is to be understood not in its common

“Residence” is to be understood not in its common

If one wishes to successfully effect a change

Without clear and positive proof of the

While we have ruled in the past

A person’s registration as a voter in one

To establish a new domicile of choice,

Section 44 of the Local Government

John Henry Osmena filed his Certificate of

Before running for the mayoralty position,

Petition to Deny Due Course and Cancel

COMELEC en banc denied the motion for

Issue Osmena’s residence

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