Case Digest (G.R. No. 104960)
Facts:
Philip G. Romualdez, nephew of First Lady Imelda Marcos and son of former Leyte Governor Benjamin “Kokoy” Romualdez, established his legal residence by constructing a home in Barangay Malbog, Tolosa, Leyte in the early 1980s and served as Barangay Captain. He acted as Campaign Manager for the Kilusang Bagong Lipunan in the 1984 Batasang Pambansa and 1986 “snap” elections. Following the EDSA People’s Power Revolution of February 1986, he and his family sought and obtained asylum in the United States, where he pursued studies in regional development and international finance. In early 1987 he attempted to return to the Philippines to run for Congress but his flight was aborted. On September 25, 1991, the U.S. Immigration and Naturalization Service ordered his voluntary departure by August 23, 1992. He left without travel documents and arrived in Manila on December 23, 1991. During the voter registration period of February 1, 1992, he registered anew at Precinct No. 9, Malbog, ToloCase Digest (G.R. No. 104960)
Facts:
- Parties and Background
- Petitioner Philip G. Romualdez, natural-born Filipino, son of former Leyte Governor Benjamin Romualdez, nephew of First Lady Imelda Marcos.
- Respondents: Regional Trial Court (RTC) Branch 7, Tacloban City; Donato Advincula (private respondent); Board of Election Inspectors, Precinct No. 9, Malbog, Tolosa, Leyte; Municipal Registrar, COMELEC, Tolosa, Leyte.
- Chronology of Events
- Early 1980s – Romualdez establishes residence in Barangay Malbog, Tolosa; builds house; serves as Barangay Captain.
- 1984 & 1986 Elections – Acts as campaign manager for the Kilusang Bagong Lipunan in Leyte; votes in Malbog.
- February 1986 – Flees Philippines with family fearing reprisals after People’s Power Revolution; obtains U.S. asylum; pursues studies abroad.
- September 1991 – U.S. INS orders voluntary departure by 23 August 1992; Romualdez leaves U.S. and arrives in Philippines on 23 December 1991 without travel documents.
- 1 February 1992 – Registers anew as voter in Precinct No. 9, Malbog, Tolosa; Board Chair allows registration based on his long-standing residence.
- 21 February 1992 – Advincula files petition in Municipal Trial Court (MTC) to exclude Romualdez from voter list, alleging lack of residency.
- 28 February 1992 – MTC denies petition, finds Romualdez a resident of Malbog.
- 3 April 1992 – RTC reverses MTC, orders deletion of petitioner’s name from voter list.
- 7 May 1992 – Supreme Court issues temporary restraining order; petitioner files certiorari.
Issues:
- Jurisdiction and Locus Standi
- Whether MTC and RTC acquired jurisdiction over petitions filed by Advincula, who did not allege he was a registered voter under Section 142, Omnibus Election Code.
- Abandonment of Residence
- Whether Romualdez’s exile constituted voluntary abandonment of his domicile in Malbog, Tolosa, Leyte, thus disqualifying him from voter registration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)