Case Digest (G.R. No. 42798)
Facts:
- Guillermo de los Reyes is the petitioner and appellant against Moises T. Solidum, the respondent and appellee.
- The appeal arises from a judgment by the Court of First Instance of Capiz on August 31, 1935.
- The judgment declared Solidum eligible for the office of municipal president of Ibajay, Capiz.
- De los Reyes argued that Solidum lacked the required one-year residence in Ibajay at the time of the general elections on June 5, 1934.
- Solidum was born in Ibajay on August 14, 1889, and lived there until his marriage in 1916.
- He managed properties for Jose Tirol while residing in Ibajay.
- In 1921, he built a house in Navas, where he lived with his family but maintained ties to Ibajay.
- Solidum registered as a voter in Ibajay and held various political offices there.
- His children were born in Navas and attended school there, but he consistently voted and paid taxes in Ibajay.
- De los Reyes cited a letter allegedly from Solidum indicating his intention not to run for office due to his residence in Navas, but the trial court questioned the letter's authenticity.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's judgment, ruling that Moises T. Solidum was legally a resident of Ibajay and eligible for the office of municipal president....(Unlock)
Ratio:
- The Supreme Court's decision focused on the interpretation of residence and domicile, emphasizing that residence is primarily a matter of intention.
- Solidum had strong connections to Ibajay, having been born, married, and engaged in political activities there.
- His consistent voting and tax payments in Ibajay indicated his intention to maintain residenc...continue reading
Case Digest (G.R. No. 42798)
Facts:
The case involves Guillermo de los Reyes as the petitioner and appellant against Moises T. Solidum, the respondent and appellee. The appeal was taken from a judgment rendered by the Court of First Instance of Capiz on August 31, 1935. The judgment declared that Solidum was eligible for the office of municipal president of Ibajay, Capiz, and that the remedy sought by de los Reyes was not applicable. The petitioner contended that Solidum lacked the requisite one-year residence in Ibajay at the time of the general elections held on June 5, 1934.
The facts established in the lower court revealed that Solidum was born in Ibajay on August 14, 1889, and had lived there until his marriage in 1916. He continued residing in Ibajay while managing properties for Jose Tirol. In 1921, he constructed a house in Navas, where he lived with his family. Despite this, he maintained his ties to Ibajay, where he registered as a voter and held various political offices, including municipal president and councilor. Solidum's children were born in Navas and attended school there, but he consistently voted in Ibajay and paid his taxes there. The petitioner argued that Solidum had abandoned his residence in Ibajay, citing a letter al...