Philip Romualdez vs RTC, Branch 7, Tacloban City, Leyte

written by Howard

G.R. No. 104960 – Political Law – Constitutional Law – Suffrage – Domicile and Residence

Immediately after the 1986 EDSA Revolution, Philip Romualdez, in Tolosa, Leyte, went to the USA for self-exile. In 1991, US authorities threatened Romualdez of deportation should he fail to return to the Philippines. In December 1991, Romualdez was forced to return to the Philippines. In February 1992, Romualdez registered as a voter in Tolosa. In the same month, Donato Advincula filed a petition in court for the exclusion of Romualdez as a voter. Advincula alleged that Romualdez is a resident of the USA and has not met the required one-year residence in the Philippines and the six-month residence in Tolosa to qualify him to register as a voter in Tolosa.

The trial court dismissed the petition but the RTC, on appeal, reversed the decision of the trial court.

ISSUE: Whether or not Romuladez must be allowed to vote.

HELD: Yes. In the right of suffrage, the residency requirement speaks of domicile. Domicile and residence are synonymous terms. “Residence” as used in election law is synonymous with “domicile.” Residence imports not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention.  “Domicile” denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return.

In order to acquire a new domicile by choice, the following must be present:

(1) residence or bodily presence in the new locality,

(2) an intention to remain there, and

(3) an intention to abandon the old domicile.

In other words, there must basically be animus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual.

In this case, Romuladez never had the intention to abandon Tolosa. He was only forced by his family’s political situation. The Romualdezes, a family closely related to the Marcoses, feared for their security in the aftermath of the EDSA Revolution. It was understandable for them to leave the country.

Read full text.