Case Summary (G.R. No. 104960)
Petitioner
Philip G. Romualdez, challenging the cancellation of his voter registration on grounds of non-residence.
Respondents
Regional Trial Court, Branch 7, Tacloban City (Judge Pedro Espino) – Issued the decision reversing Romualdez’s registration.
Municipal Trial Court of Tolosa, Leyte (Judge Paulino Cabello) – Originally upheld Romualdez’s voter qualification.
Donato Advincula – Filed petition to exclude Romualdez from the voter list.
Key Dates
• Early 1980s – Romualdez establishes residence and builds a home in Barangay Malbog, Tolosa, Leyte; serves as Barangay Captain.
• February 1986 – People Power Revolution prompts Romualdez’s departure to the U.S., where he is granted asylum.
• Early 1987 – Attempted return to run for Congress; flight aborted.
• 25 September 1991 – U.S. INS orders Romualdez to depart by 23 August 1992.
• 23 December 1991 – Romualdez arrives in the Philippines.
• 1 February 1992 – Registers as voter in Precinct No. 9, Barangay Malbog.
• 21 February 1992 – Advincula files petition for exclusion under BP 881 and RA 7166.
• 28 February 1992 – MTC decision confirms Romualdez’s qualification.
• 3 April 1992 – RTC reverses and orders cancellation of registration.
• 7 May 1992 – Supreme Court issues TRO.
Applicable Law
• 1987 Philippine Constitution – Right to vote as a political right.
• Batas Pambansa Blg. 881 and RA 7166 – Qualifications for voter registration.
• Section 142, Omnibus Election Code – Locus standi and procedures for challenging voter registrations.
Factual Background
Romualdez, having established domicile in Tolosa in the early 1980s, left for the U.S. in February 1986 amid political upheaval. While abroad, he pursued studies and sought asylum. Upon receipt of an INS notice in September 1991, he returned to the Philippines in December 1991 without travel documents. He promptly registered on February 1, 1992, at his longtime residence.
Procedural History
Advincula challenged Romualdez’s registration on grounds of non-residence, alleging he lived and worked in Massachusetts and lacked the statutorily required one-year Philippine residence and six-month municipal residence. The Municipal Trial Court dismissed the petition, finding Romualdez qualified. On appeal, the Regional Trial Court reversed, ordering cancellation of his registration. Romualdez then sought certiorari relief before the Supreme Court.
Issues
- Jurisdiction and locus standi: Whether Advincula, not alleging he was a registered voter in Precinct No. 9, had standing to file the exclusion petition and whether the MTC and RTC acquired jurisdiction.
- Abandonment of residence: Whether Romualdez’s departure in 1986 constituted voluntary abandonment of his domicile in Tolosa, Leyte.
Analysis on Jurisdiction and Locus Standi
Although lack of jurisdiction may be raised at any stage, a party’s active participation estops later objection. Romualdez himself prayed for affirmation of the MTC decision on appeal to the RTC, effectively invoking the lower courts’ jurisdiction. Moreover, because Advincula’s standing—whether a registered voter—was not timely challenged and given Romualdez’s conduct, the
...continue readingCase Syllabus (G.R. No. 104960)
Facts of the Case
- Philip G. Romualdez is a natural-born Filipino, son of former Leyte Governor Benjamin “Kokoy” Romualdez and nephew of First Lady Imelda Marcos.
- In the early 1980s, he established his legal residence in Barangay Malbog, Tolosa, Leyte, constructing a family home and serving as Barangay Captain.
- He acted as Campaign Manager for the Kilusang Bagong Lipunan (KBL) in Leyte during the 1984 Batasan and 1986 “snap” Presidential elections, and voted there.
- Following the February 1986 “EDSA People’s Power Revolution,” he and his immediate family fled to the United States, where they were granted asylum.
- While in the U.S., Romualdez pursued special studies on Leyte-Samar development and international business finance.
- In early 1987, he attempted to return to run for Congress but his booked flight on 23 March 1987 was aborted.
- On 25 September 1991, the U.S. Immigration and Naturalization Service ordered him to depart by 23 August 1992, warning that failure could lead to deportation.
- Upon receipt, he returned to the Philippines, arriving on 23 December 1991 without any Philippine government travel document, and went straight to his residence in Malbog.
- On 1 February 1992, he re-registered as a voter in Precinct No. 9, Malbog, Tolosa; the Board of Election Inspectors, chaired by Donato Advincula, allowed the registration.
Procedural History
- 21 February 1992: Donato Advincula filed a petition in the Municipal Trial Court (MTC) of Tolosa seeking Romualdez’s exclusion from the voter list under B.P. Blg. 881 and R.A. 7166, alleging lack of required residencies.
- 25 February 1992: Romualdez filed his answer, asserting continuous residence since the early 1980s and no abandonment despite his absence.
- 28 February 1992: MTC rendered judgment denying the petition and affirming Romualdez’s qualification as a voter.
- Advincula appealed to the Regional Trial Court (RTC) of Tacloban City, Br