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ROMMEL APOLINARIO JALOSJOS v. COMELEC

FACTS:

Petitioner Rommel Jalosjos was born in Quezon City on October 26, 1973. He migrated to Australia in 1981 and acquired Australian citizenship. On November 22, 2008, he returned to the Philippines and lived in Barangay Veteran's Village, Ipil, Zamboanga Sibugay. He took an oath of allegiance to the Republic of the Philippines and was issued a Certificate of Reacquisition of Philippine Citizenship. He renounced his Australian citizenship on September 1, 2009.

Jalosjos acquired a residential property and a fishpond in Zamboanga Sibugay. He applied for voter registration in the Municipality of Ipil, but the Barangay Captain opposed it. The Election Registration Board approved his registration, and his name was included in the voters list.

Respondent Dan Erasmo, Sr. filed a petition to exclude Jalosjos' name from the voters list, but it was denied by the Municipal Circuit Trial Court (MCTC) and affirmed by the Regional Trial Court (RTC).

Jalosjos filed his Certificate of Candidacy (COC) for Governor of Zamboanga Sibugay Province, but Erasmo filed a petition to deny due course or cancel Jalosjos' COC, alleging that he failed to comply with the residency requirements. The COMELEC ruled that Jalosjos failed to prove his residency in Ipil and denied his COC. On motion for reconsideration, the COMELEC En Banc affirmed the decision.

Jalosjos filed a petition with the Supreme Court, which issued a status quo ante order enjoining the COMELEC from enforcing its decision. Jalosjos won the election and was proclaimed winner.

The issue presented is whether the COMELEC acted with grave abuse of discretion in ruling that Jalosjos failed to prove his domicile in Ipil, Zamboanga Sibugay. The Court ruled that Jalosjos met the residency requirement for provincial governor based on the evidence presented. The COMELEC's decision was set aside, and Jalosjos was allowed to seek election as Governor of Zamboanga Sibugay.

ISSUES:

  1. Whether or not the COMELEC acted with grave abuse of discretion in ruling that Jalosjos failed to present ample proof of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay.

RULING:

  1. The Court rules in favor of Jalosjos. The COMELEC gravely abused its discretion in holding that Jalosjos failed to prove his domicile in Ipil, Zamboanga Sibugay. The evidence presented by Jalosjos, such as his physical presence in Ipil, ownership of a residential property in the same village, correspondences with political leaders, and his status as a registered voter of Ipil, is sufficient to establish that Ipil is his domicile. Therefore, Jalosjos is qualified to seek election as Governor of Zamboanga Sibugay.

PRINCIPLES:

  • The requirement of residence for a candidate is synonymous with domicile, meaning that a person must not only intend to reside in a particular place but must also have personal presence in such place coupled with conduct indicative of such intention.

  • Every person has a domicile or residence somewhere, and once established, that domicile remains until he acquires a new one.

  • A person can have but one domicile at a time.

  • The question of residence is a question of intention and there is no hard and fast rule to determine a candidate's compliance with residency requirement.

  • A candidate is not required to own a house in a community to establish his residence or domicile in a particular place. It is enough that he lives there, even if it be in a rented house or in the house of a friend or relative.

  • The Court can exercise its review powers to correct palpable misappreciation of evidence or wrong or irrelevant considerations, even when it comes to the factual findings of administrative bodies like the COMELEC.

  • In resolving doubts regarding a candidate's qualification, the Court will defer to the decision of the people and resolve all doubts in favor of the candidate to breathe life to their manifest will.