FACTS: Rommel Jalosjos
was born in Quezon City on October 26, 1973. He migrated to Australia in 1981
when he was eight years old and there acquired Australian citizenship. On
November 22, 2008, at age 35, he decided to return to the Philippines and lived
with his brother in Ipil, Zamboanga Sibugay. Four days upon his return, he took
an oath of allegiance to the Republic of the Philippines, hence, he was issued
a Certificate of Reacquisition of Philippine Citizenship by the Bureau of
Immigration. On September 1, 2009 he renounced his Australian citizenship,
executing a sworn renunciation of the same in compliance with Republic Act
(R.A.) 9225. From the time of his return, Jalosjos acquired a residential
property in the same village where he lived. He applied for registration as a
voter in the Municipality of Ipil but respondent Erasmo, the Barangay Captain,
opposed the said act. Election Registration Board approved it and included
Jalosjos’ name in the COMELEC voters list. Erasmo filed before the MTC a
petition for the exclusion of Jalosjos’ name from the official voters list. MTC
denied Erasmo’s petition. He appealed to RTC but RTC ruled same as MTC’s. On
November 28, 2009 Jalosjos filed his Certificate of Candidacy (COC) for
Governor of Zamboanga Sibugay Province for the May 10, 2010 elections. Erasmo
filed a petition to deny due course or to cancel Jalosjos’ COC on the ground
that Jalosjos made material misrepresentation in the same since he failed to
comply with (1) the requirements of R.A. 9225 and (2) the one-year residency
requirement of the Local Government Code. COMELEC ruled against Jalosjos,
because it failed to comply with the 1-year residency ruequirement. Jalosjos
won the elections
ISSUE: w/n Jalosjos
failed to comply with the 1-year residency requirement
HELD: Yes. It is clear
from the facts that Quezon City was Jalosjos’ domicile of origin, the place of
his birth. His domicile was changed from Quezon City to Australia when he
migrated there at the age of eight, acquired Australian citizenship, and lived
in that country for 26 years. Australia became his domicile by operation of law
and by choice. But, when he came to the Philippines in November 2008 to live
with his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with
intent to change his domicile for good. He left Australia, gave up his
Australian citizenship, and renounced his allegiance to that country. In
addition, he reacquired his old citizenship by taking an oath of allegiance to
the Republic of the Philippines, resulting in his being issued a Certificate of
Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his
acts, Jalosjos forfeited his legal right to live in Australia, clearly proving
that he gave up his domicile there. And he has since lived nowhere else except
in Ipil, Zamboanga Sibugay.
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