Case Digest (G.R. No. 191970)
Facts:
Petitioner Rommel Apolinario Jalosjos, born on October 26, 1973 in Quezon City, migrated to Australia in 1981 at age eight, where he acquired Australian citizenship. On November 22, 2008, at age 35, he returned to the Philippines and resided with his brother in Barangay Veterans Village, Ipil, Zamboanga Sibugay. Four days after his arrival, he took an oath of allegiance to the Republic of the Philippines and obtained a Certificate of Reacquisition of Philippine Citizenship from the Bureau of Immigration. On September 1, 2009, he renounced his Australian citizenship by sworn declaration in accordance with Republic Act No. 9225. Upon returning, Jalosjos purchased a residential lot in Barangay Veterans Village and a fishpond in San Isidro, Naga, Zamboanga Sibugay, and applied to register as a voter in Ipil. Although endorsed by the local Election Registration Board, Barangay Captain Dan Erasmo, Sr. opposed his registration. Both the Municipal Circuit Trial Court and, on appeal, the...Case Digest (G.R. No. 191970)
Facts:
- Early life and citizenship changes
- Born October 26, 1973 in Quezon City; migrated to Australia in 1981 and acquired Australian citizenship.
- Returned to the Philippines on November 22, 2008; lived with his brother in Barangay Veterans Village, Ipil; took oath of allegiance to the Republic of the Philippines; issued a Certificate of Reacquisition of Philippine Citizenship; renounced Australian citizenship on September 1, 2009 under R.A. 9225.
- Property acquisitions and voter registration
- Purchased a residential lot in Barangay Veterans Village and a fishpond in San Isidro, Naga, Zamboanga Sibugay.
- Applied for voter registration in Ipil; opposed by Barangay Captain Dan Erasmo, Sr.; the Election Registration Board approved the application; the MCTC and, on appeal, the RTC denied Erasmo’s petition to exclude Jalosjos from the voters list.
- Candidacy and COMELEC proceedings
- Filed a Certificate of Candidacy for Governor of Zamboanga Sibugay on November 28, 2009; Erasmo filed a petition to deny due course or cancel the COC alleging material misrepresentation for non-compliance with R.A. 9225 and the one-year residency requirement.
- The COMELEC Second Division and, on reconsideration, the COMELEC En Banc disqualified Jalosjos for failure to prove domicile in Ipil; the Supreme Court issued a status quo ante order; Jalosjos won the 2010 gubernatorial election and was proclaimed winner.
Issues:
- Main issue
- Whether the COMELEC gravely abused its discretion in ruling that petitioner Rommel Apolinario Jalosjos failed to present ample proof of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay, and thus did not meet the one-year residency requirement to qualify as provincial governor.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)