Case Summary (G.R. No. 104960)
Key Dates and Procedural Events
Relevant factual and procedural milestones: petitioner established residence in Malbog in early 1980s; left the Philippines in 1986 and studied abroad; attempted return in 1987; received a U.S. INS letter dated 25 September 1991 requiring departure by 23 August 1992; arrived in the Philippines on 23 December 1991 (without apparent U.S. travel document); re-registered to vote on 1 February 1992 at Precinct No. 9, Malbog; Advincula filed a petition for exclusion on 21 February 1992; Municipal Trial Court (MTC) decision in favor of petitioner issued 28 February 1992; respondent RTC reversed on 3 April 1992; this Court issued a temporary restraining order on 7 May 1992; Supreme Court decision reviewed in this summary was rendered in 1993 and applies the 1987 Constitution.
Applicable Law and Legal Principles
Constitutional basis: the 1987 Philippine Constitution governs the exercise of political rights including suffrage. Statutory provisions and authorities invoked in the proceedings include Section 142 of the Omnibus Election Code (petition for exclusion of voters), Batas Pambansa Blg. 881, and RA 7166 as cited in the pleadings. Controlling legal principles on domicile and residence are drawn from Philippine jurisprudence and recognized doctrine: the terms “residence” and “domicile” are treated synonymously in election law (residence requires presence plus conduct indicative of intent to remain); to acquire a new domicile by choice, there must concur (1) bodily presence in the new locality, (2) an intention to remain there (animus manendi), and (3) an intention to abandon the old domicile (animus non revertendi).
Factual Background
Petitioner established a residential house and served as Barangay Captain in Malbog, Tolosa, Leyte in the early 1980s. After the 1986 People’s Power events, petitioner and family left for the United States and received asylum there; while abroad he pursued special studies. He later received an INS letter in September 1991 requiring that he depart the U.S. by a specified date; he returned to the Philippines on 23 December 1991. During the voter registration period for the 11 May 1992 elections, petitioner registered anew at Precinct No. 9, Malbog, Tolosa on 1 February 1992; the Board Chairman who knew petitioner permitted the registration.
Petition for Exclusion and Lower Court Decisions
On 21 February 1992 Donato Advincula filed a petition in the MTC seeking exclusion of Romualdez from the voter list, alleging that Romualdez resided and worked in Massachusetts and lacked the statutory residency (one-year in the Philippines, six months in the municipality) to register. Romualdez answered on 25 February 1992, asserting continuous residence in Tolosa since the early 1980s and non-abandonment despite his absence from 1986 to December 1991. The Municipal Court found Romualdez a resident and qualified voter (28 February 1992). On appeal the RTC reversed and held Romualdez disqualified (3 April 1992). A temporary restraining order from the Supreme Court was issued on 7 May 1992 pending review.
Issues Presented to the Supreme Court
The Solicitor General condensed the dispositive issues as: (1) whether the MTC and RTC had jurisdiction to entertain the exclusion petition given the petitioner did not allege to be a registered voter of the municipality as required by Section 142 of the Omnibus Election Code (i.e., the petitioner’s locus standi); and (2) whether the RTC erred in concluding that Romualdez voluntarily left the country and thereby abandoned his residence in Malbog, Tolosa.
Jurisdiction and Locus Standi Analysis
The Court analyzed the jurisdictional/locus standi contention and emphasized procedural posture: petitioner Romualdez participated actively in the proceedings and, crucially, in his appeal-memorandum to the RTC expressly prayed that the MTC decision be affirmed. The Court applied established estoppel principles: although lack of jurisdiction may be raised at any stage, active participation and invocation of the court’s remedial process by a party estop that party from later challenging jurisdiction. Consequently, Romualdez was precluded from contesting the jurisdiction of the courts below; the locus standi issue, in any event, is considered foreclosed by his conduct. The Court therefore treated the locus standi contention as no longer open to relief at this stage.
Domicile and Abandonment Analysis
The Court turned to the principal substantive question whether petitioner had voluntarily abandoned his domicile in Malbog. It reiterated the legal tests for domicile change: concurrence of bodily presence in the new place, intention to remain there, and intention to abandon the old domicile, requiring animus manendi and animus non revertendi, voluntariness of the change, and actual residence at the new domicile. Applying those criteria to the facts, the Court found the petitioner’s departure after the 1986 political events was prompted by apprehension for personal safety and thus did not constitute a voluntary change of domicile or an abandonment of his Philippine residen
...continue readingCase Syllabus (G.R. No. 104960)
Nature of the Case and Relief Sought
- Special civil action for certiorari brought by petitioner Philip G. Romualdez to review and annul the decision of the Regional Trial Court (RTC), Branch 7, Tacloban City, which reversed the Municipal Trial Court (MTC) decision and declared petitioner disqualified to register as voter for the 1992 elections.
- Petitioner sought reinstatement of the MTC decision that found him a resident of Barangay Malbog, Tolosa, Leyte and qualified to register as a voter.
- Temporary restraining order (TRO) issued by the Supreme Court on 7 May 1992 directed the RTC judge to cease enforcement of his decision; the TRO was later made permanent by the Court’s final disposition.
Parties, Caption and Identifying Information
- Petitioner: Philip G. Romualdez — natural born citizen of the Philippines; son of former Governor of Leyte Benjamin "Kokoy" Romualdez; nephew of First Lady Imelda Marcos.
- Respondents: Regional Trial Court, Branch 7, Tacloban City (Judge Pedro Espina); Donato Advincula (private respondent who filed the petition to exclude petitioner from voter list); Board of Election Inspectors, Precinct No. 9, Malbog, Tolosa, Leyte; and the Municipal Registrar, COMELEC, Tolosa, Leyte.
- Case citation: 297 Phil. 455; G.R. No. 104960; Decision dated September 14, 1993 (en banc).
Relevant Chronology and Key Facts
- Early 1980s: Petitioner established legal residence at Barangay Malbog, Tolosa, Leyte and caused construction of his residential house there; subsequently served as Barangay Captain (Barangay Chairman) of Malbog in 1982.
- 1984 and 1986 elections: Petitioner acted as Campaign Manager of the Kilusang Bagong Lipunan (KBL) in Leyte and voted in Leyte.
- February 1986 (EDSA People’s Power Revolution): Petitioner and immediate family left the Philippines for the United States and were granted asylum by the U.S. government due to safety concerns following the events of February 21–24, 1986.
- While abroad: Petitioner took special studies on the development of Leyte-Samar and international business finance.
- Early 1987: Petitioner attempted to return to the Philippines to run for congress; on 23 March 1987 he booked a flight but the flight was aborted.
- 25 September 1991: Petitioner received a letter from Charles Cobb, District Director of the U.S. Immigration and Naturalization Service, instructing him to depart the U.S. at his expense on or before 23 August 1992, warning that failure to depart might result in withdrawal of voluntary departure and deportation proceedings.
- Upon receipt of the U.S. INS letter, petitioner departed the U.S. and arrived in the Philippines on 23 December 1991, apparently without any government travel document.
- 01 February 1992: During COMELEC voter registration for the May 11, 1992 synchronized elections, petitioner registered anew as a voter at Precinct No. 9, Malbog, Tolosa, Leyte; registration was allowed by the Chairman of the Board of Election Inspectors who knew petitioner as a resident and former Barangay Chairman.
- 21 February 1992: Donato Advincula filed a petition with the Municipal Trial Court of Tolosa, Leyte under BP 881 and RA 7166 to exclude petitioner from the voter list, alleging petitioner was a resident of Massachusetts, U.S.A.; that his profession and occupation were in the U.S.A.; that he had just recently arrived in the Philippines; and that he lacked the required one-year residence in the Philippines and six-month residence in Tolosa to qualify.
- 25 February 1992: Petitioner filed answer contending continuous residence in Tolosa since the early 1980s and that he had not abandoned his residence despite physical absence from 1986 until the third week of December 1991.
Municipal Trial Court (MTC) Decision
- MTC (per Judge Paulino Cabello) rendered decision on 28 February 1992.
- Dispositive portion: found petitioner to be a resident of Barangay Malbog, Tolosa, Leyte and qualified to register as a voter; petition for exclusion was denied and dismissed.
- MTC record references: Rollo, pp. 68–75 (as cited in source).
Regional Trial Court (RTC) Decision on Appeal
- On appeal, the respondent RTC (per Judge Pedro Espina) rendered decision on 03 April 1992.
- RTC dispositive portion: found Philip Romualdez disqualified to register as a voter for the 1992 elections; reversed the MTC decision "on toto"; ordered the Municipal Registrar of COMELEC, Tolosa, Leyte, to delete and cancel petitioner’s name from the list of qualified voters registered on February 1, 1992 at Precinct 9, Barangay Malbog, Tolosa, Leyte.
Supreme Court Procedural Intervention (TRO)
- On 7 May 1992, the Supreme Court issued a temporary restraining order directing the RTC judge to cease and desist from enforcing the questioned decision of 03 April 1992.