CASE DIGEST

G.R. No. 180088   January 19, 2009

MANUEL B. JAPZON vs. COMMISSION ON ELECTIONS and JAIME S. TY, Respondents.
CHICO-NAZARIO, J.:

FACTS:
Both petitioner Manuel B. Japzon (Japzon) and respondent Jaime S. Ty (Ty) were candidates for the Office of Mayor of
the Municipality of General Macarthur, Eastern Samar, in the local elections held on 14 May 2007.

JAPZON:
Japzon filed before the COMELEC a Petition to disqualify and/or cancel Ty’s Certificate of Candidacy on the ground of
material misrepresentation. Japzon averred that:
>Ty was a former natural-born Filipino, having been born on 9 October 1943 in Municipality of General Macarthur, Easter
Samar to spouses Ang Chim Ty (a Chinese) and Crisanta Aranas Sumiguin (a Filipino).
>Ty eventually migrated to the United States of America (USA) and became a citizen thereof.
>Ty had been residing in the USA for the last 25 years.
>When Ty filed his Certificate of Candidacy on 28 March 2007, he falsely represented that he was a resident of Barangay
6, Poblacion, General Macarthur, Eastern Samar, for one year before 14 May 2007, and was not a permanent resident or
immigrant of any foreign country.
>While Ty may have applied for the reacquisition of his Philippine citizenship, he never actually resided in Barangay 6,
Poblacion, General Macarthur, Eastern Samar, for a period of one year immediately preceding the date of election as
required under Local Government Code of 1991.
>In fact, even after filing his application for reacquisition of his Philippine citizenship, Ty continued to make trips to the
USA, the most recent of which was on 31 October 2006 lasting until 20 January 2007.
>Moreover, although Ty already took his Oath of Allegiance to the Republic of the Philippines, he continued to comport
himself as an American citizen as proven by his travel records.
>He had also failed to renounce his foreign citizenship as required by Republic Act No. 9225

Hence, Japzon prayed that the COMELEC order the disqualification of Ty from running for public office and the
cancellation of the latter’s Certificate of Candidacy.

TY:
>Ty admitted that he was a natural-born Filipino who went to the USA to work and subsequently became a naturalized
American citizen.
>Ty claimed that prior to filing his Certificate of Candidacy for the Office of Mayor of the Municipality of General Macarthur,
Eastern Samar, on 28 March 2007, he already performed the following acts:
(1) with the enactment of Republic Act No. 9225, granting dual citizenship to natural-born Filipinos, Ty filed with the
Philippine Consulate General in Los Angeles, California, USA, an application for the reacquisition of his Philippine
citizenship;
(2) executed an Oath of Allegiance to the Republic of the Philippines
(3) applied for a Philippine passport indicating in his application that his residence in the Philippines was at A. Mabini St.,
Barangay 6, Poblacion, General Macarthur, Eastern Samar. Ty’s application was approved and he was issued on 26
October 2005 a Philippine passport;
(4) personally secured and signed his Community Tax Certificate (CTC) from the Municipality of General Macarthur, in
which he stated that his address was at Barangay 6, Poblacion, General Macarthur, Eastern Samar;
(5) was registered as a voter in Precinct 0013A, Barangay 6, Poblacion, General Macarthur, Eastern Samar;
(6) secured another CTC again stating therein his address as Barangay 6, Poblacion, General Macarthur, Eastern Samar;
and
(7) executed a duly notarized Renunciation of Foreign Citizenship.

Pending the submission by the parties of their respective Position Papers, the 14 May 2007 elections were already held.
Ty acquired the highest number of votes and was declared Mayor of the Municipality of General Macarthur, Eastern
Samar.

COMELEC----in favor of Ty---found that Ty complied with the requirements of Sections 3 and 5 of RA 9225 and
reacquired his Philippine citizenship.

ISSUE:

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RULING:
ON CITIZENSHIP ISSUE:

 Ty was a natural-born Filipino. He was born and raised in the Municipality of General Macarthur, Eastern Samar,
Philippines. However, he left to work in the USA and eventually became an American citizen. On 2 October 2005,
Ty reacquired his Philippine citizenship by taking his Oath of Allegiance to the Republic of the Philippines. At this
point, Ty still held dual citizenship, i.e., American and Philippine. It was only on 19 March 2007 that Ty renounced
his American citizenship before a notary public and, resultantly, became a pure Philippine citizen again.

Republic Act No. 9225:

>governs the manner in which a natural-born Filipino may reacquire or retain his Philippine citizenship despite acquiring a
foreign citizenship, and provides for his rights and liabilities under such circumstances
> imposes no residency requirement for the reacquisition or retention of Philippine citizenship; nor does it mention any
effect of such reacquisition or retention of Philippine citizenship on the current residence of the concerned natural-born
Filipino.
>treats citizenship independently of residence (Since a natural-born Filipino may hold, at the same time, both Philippine
and foreign citizenships, he may establish residence either in the Philippines or in the foreign country of which he is also a
citizen.)
>Residency in the Philippines only becomes relevant when the natural-born Filipino with dual citizenship decides to run for
public office.

For a natural born Filipino, who reacquired or retained his Philippine citizenship under Republic Act No. 9225, to
run for public office, he must: (1) meet the qualifications for holding such public office as required by the
Constitution and existing laws; and (2) make a personal and sworn renunciation of any and all foreign
citizenships before any public officer authorized to administer an oath.

 Ty complied with the second requirement. He personally executed a Renunciation of Foreign Citizenship before a
notary public. By the time he filed his Certificate of Candidacy for the Office of Mayor of the Municipality of
General Macarthur, Eastern Samar, on 28 March 2007, he had already effectively renounced his American
citizenship, keeping solely his Philippine citizenship.

ON RESIDENCY ISSUE:

SEC. 39. Qualifications. – (a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city or province or, in the case of a member of the sangguniang panlalawigan, sangguniang
panlungsod, or sanggunian bayan, the district where he intends to be elected; a resident therein for at least one (1) year
immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect.
(c) Candidates for the position of mayor or vice mayor of independent component cities, component cities, or
municipalities must be at least twenty-one (21) years of age on election day.

The challenge against Ty’s qualification to run as a candidate for the Office of Mayor of the Municipality of General
Macarthur, Eastern Samar, centers on his purported failure to meet the one-year residency requirement in the said
municipality.

The term "residence" is to be understood not in its common acceptation as referring to "dwelling" or "habitation," but rather
to "domicile" or legal residence, that is, "the place where 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)."

A domicile of origin is acquired by every person at birth. It is usually the place where the child’s parents reside and
continues until the same is abandoned by acquisition of new domicile (domicile of choice).

In Papandayan case, it is the fact of residence that is the decisive factor in determining whether or not an individual has
satisfied the residency qualification requirement.

As espoused by Ty, the issue of whether he complied with the one-year residency requirement for running for public office
is a question of fact.

 COMELEC found that Ty was a resident of the Municipality of General Macarthur, Eastern Samar, one year prior
to the 14 May 2007 local elections. It is axiomatic that factual findings of administrative agencies, such as the
COMELEC, which have acquired expertise in their field are binding and conclusive on the Court.
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  Ty’s intent to establish a new domicile of choice in the Municipality of General Macarthur, Eastern Samar,
Philippines, became apparent when, immediately after reacquiring his Philippine citizenship on 2 October 2005,
he applied for a Philippine passport indicating in his application that his residence in the Philippines was at A.
Mabini St., Barangay 6, Poblacion, General Macarthur, Eastern Samar.

 For the years 2006 and 2007, Ty voluntarily submitted himself to the local tax jurisdiction of the Municipality of
General Macarthur, Eastern Samar, by paying community tax and securing CTCs from the said municipality

 Ty applied for and was registered as a voter in Barangay 6, Poblacion, General Macarthur, Eastern Samar.

 Ty has been bodily present in the Municipality of General Macarthur, Eastern Samar since his arrival on 4 May
2006, inarguably, just a little over a year prior to the 14 May 2007 local elections.

The Court has previously ruled that absence from residence to pursue studies or practice a profession or registration as a
voter other than in the place where one is elected, does not constitute loss of residence. The Court also notes, that even
with his trips to other countries, Ty was actually present in the Municipality of General Macarthur, Eastern Samar,
Philippines, for at least nine of the 12 months preceding the 14 May 2007 local elections. Even if length of actual stay in a
place is not necessarily determinative of the fact of residence therein, it does strongly support and is only consistent with
Ty’s avowed intent in the instant case to establish residence/domicile in the Municipality of General Macarthur, Eastern
Samar.

WHEREFORE Petition for Certiorari is DISMISSED.

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