Case Summary (G.R. No. 180088)
Petitioner and Respondents
Petitioner: Manuel B. Japzon, mayoralty candidate defeated in the 14 May 2007 elections.
Respondents: Commission on Elections (COMELEC) and Jaime S. Ty, proclaimed winner of the same elections.
Key Dates
– October 9, 1943: Ty’s birth in Pambujan Sur (now General Macarthur).
– March 28, 2007: Ty’s Certificate of Candidacy filed.
– May 14, 2007: Local elections held.
– June 15, 2007: Japzon filed disqualification petition (SPA 07-568).
– July 31, 2007: COMELEC First Division denied petition.
– September 28, 2007: COMELEC en banc affirmed.
– January 19, 2009: Supreme Court decision.
Applicable Law
– 1987 Constitution, Article X, Section 3 (local official qualifications).
– Republic Act No. 7160 (Local Government Code), Section 39 (one-year residency).
– Republic Act No. 9225 (Citizenship Retention and Reacquisition Act).
– Jurisprudence on domicile and residence: Coquilla v. COMELEC, Caasi v. Court of Appeals, Papandayan Jr. v. COMELEC.
Facts of the Petition
Ty, born Filipino, became a naturalized U.S. citizen and resided in the U.S. for 25 years. Upon RA 9225’s effectivity, he applied for and reacquired Philippine citizenship (Oath on October 2, 2005), obtained a Philippine passport, secured community tax certificates (March 2006, January 2007), registered as voter (July 17, 2006), and executed renunciation of U.S. citizenship (March 19, 2007). Japzon alleged Ty misrepresented his bona fide one-year residency in General Macarthur immediately preceding the election and remained a U.S. permanent resident.
Procedural History
Japzon’s SPA 07-568 was denied by COMELEC First Division (July 31, 2007) and en banc (September 28, 2007). He then filed a Petition for Certiorari under Rules 64 and 65 before the Supreme Court.
Issues Presented
- Whether Ty’s reacquisition of Philippine citizenship automatically restored his Philippine domicile.
- Whether Ty met the one-year residency requirement under RA 7160.
- Whether COMELEC committed grave abuse of discretion in denying cancellation of Ty’s Certificate of Candidacy.
Ruling of the COMELEC First Division
Found Ty validly reacquired citizenship under RA 9225 (Sections 3 and 5) and renounced foreign allegiance. Held that domicile is a question of animus manendi and that Ty’s passport application, tax payments, voter registration, and presence in the municipality for over one year satisfied legal residence.
Ruling of the COMELEC en banc
Affirmed presumption of citizenship regularity and that no material misrepresentation occurred. Emphasized burden on challenger to prove change of domicile and material intent to mislead.
Supreme Court’s Analysis
Under RA 9225, citizenship and residence are distinct; reacquisition of citizenship does not ipso facto reinstate Philippine domicile. Residence is established by bodily presence and intent to remain indefinitely, inferred from acts (animus manendi and animus non revertendi). The one-year period runs from establishment of new domicile.
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Case Syllabus (G.R. No. 180088)
Facts of the Case
- Manuel B. Japzon and Jaime S. Ty both ran for Mayor of General Macarthur, Eastern Samar, in the May 14, 2007 local elections.
- Ty was born October 9, 1943 in Pambujan Sur (now General Macarthur) to a Chinese father and Filipino mother; he migrated to the USA, naturalized as an American citizen, and lived there for 25 years.
- On March 28, 2007 Ty filed his Certificate of Candidacy claiming one‐year residency in Barangay 6, Poblacion, General Macarthur, and declared he was not a permanent resident or immigrant of any foreign country.
Japzon’s Petition Before COMELEC First Division (SPA No. 07‐568)
- Filed June 15, 2007 to disqualify Ty for material misrepresentation and cancel his Certificate of Candidacy.
- Alleged Ty never actually resided in Barangay 6 for one year prior to election, continued making trips abroad (last from October 31, 2006 to January 20, 2007), and failed to renounce foreign citizenship under RA 9225.
- Prayed for Ty’s disqualification and cancellation of his candidacy, and declaration of Japzon as duly elected mayor.
Ty’s Answer and Evidence of Dual‐Citizenship Compliance
- Admitted naturalization as U.S. citizen but asserted compliance with RA 9225 by:
• Filing application for Philippine citizenship reacquisition at Philippine Consulate, Los Angeles.
• Taking Oath of Allegiance on October 2, 2005 before Vice Consul Noemi T. Diaz.
• Securing Philippine passport on October 26, 2005, listing Barangay 6, Poblacion address.
• Obtaining Community Tax Certificates (March 8, 2006 and January 4, 2007) with same address.
• Registering as voter on July 17, 2006 in Barangay 6, Poblacion precinct.
• Executing notarized Renunciation of Foreign Citizenship on March 19, 2007. - Argued he met all citizenship and residency qualifications and sought dismissal of Japzon’s petition.
Outcome of the May 14, 2007 Elections
- Elections held before submission of position papers; Ty received the highest votes and was proclaimed mayor by the Municipal Board of Canvassers on May 15, 2007.
COMELEC First Division Resolution (July 31, 2007)
- Found Ty complied with Sections 3 and 5 of RA 9225: executed Oath (Oct. 2, 2005), renounced foreign citizenship (Mar. 19, 2007), and was not in foreign military service.