Rommel Apolinario Jalosjos V COMELEC G.R No. 191970, April 24, 2012 Facts

Rommel Apolinario Jalosjos v COMELEC
G.R No. 191970, April 24, 2012

FACTS:
Petitioner Rommel Jalosjos was born in Quezon City. He Migrated to Australia and acquired
Australian citizenship. On November 22, 2008, at age 35, he returned to the Philippines and
lived with his brother in Barangay Veterans Village, Ipil, Zamboanga Sibugay. Upon his return,
he took an oath of allegiance to the Republic of the Philippines and was issued a Certificate of
Reacquisition of Philippine Citizenship. He then renounced his Australian citizenship in
September 2009.
He acquired residential property where he lived and applied for registration as voter in the
Municipality of Ipil. His application was opposed by the Barangay Captain of Veterans Village,
Dan Erasmo, sr. but was eventually granted by the ERB. A petition for the exclusion of Jalosjos'
name in the voter's list was then filed by Erasmo before the MCTC. Said petition was denied. It
was then appealed to the RTC who also affirmed the lower court's decision. On November 8,
2009, Jalosjos filed a Certificate of Candidacy for Governor of Zamboanga Sibugay Province.
Erasmo filed a petition to deny or cancel said COC on the ground of failure to comply with R.A.
9225 and the one year residency requirement of the local government code. COMELEC ruled
that Jalosjos failed to comply with the residency requirement of a gubernatorial candidate and
failed to show ample proof of a bona fide intention to establish his domicile in Ipil. COMELEC
en banc affirmed the decision.
ISSUE:
Whether or not the COMELEC acted with grave abuse of discretion amounting to lack or excess
of jurisdiction in ruling that Jalosjos failed to present ample proof of a bona fide intention to
establish his domicile in Ipil, Zamboanga Sibugay.
RULING:
Yes, The Local Government Code requires a candidate seeking the position of provincial
governor to be a resident of the province for at least one year before the election. For purposes of
the election laws, the requirement of residence is synonymous with domicile, meaning that a
person must not only intend to reside in a particular place but must also have personal presence
in such place coupled with conduct indicative of such intention. The question of residence is a
question of intention. Jurisprudence has laid down the following guidelines: (a) every person has
a domicile or residence somewhere; (b) where once established, that domicile remains until he
acquires a new one; and (c) a person can have but one domicile at a time. It is inevitable under
these guidelines and the precedents applying them that Jalosjos has met the residency
requirement for provincial governor of Zamboanga Sibugay. Quezon City was Jalosjos’ domicile
of origin, the place of his birth. It may be taken for granted that he effectively changed his
domicile from Quezon City to Australia when he migrated there at the age of eight, acquired
Australian citizenship, and lived in that country for 26 years. Australia became his domicile by
operation of law and by choice. When he came to the Philippines in November 2008 to live with
his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his
domicile for good. He left Australia, gave up his Australian citizenship, and renounced his
allegiance to that country. In addition, he reacquired his old citizenship by taking an oath of
allegiance to the Republic of the Philippines, resulting in his being issued a Certificate of
Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his acts, Jalosjos
forfeited his legal right to live in Australia, clearly proving that he gave up his domicile there.
And he has since lived nowhere else except in Ipil, Zamboanga Sibugay. To hold that Jalosjos
has not establish a new domicile in Zamboanga Sibugay despite the loss of his domicile of origin
(Quezon City) and his domicile of choice and by operation of law (Australia) would violate the
settled maxim that a man must have a domicile or residence somewhere. The COMELEC
concluded that Jalosjos has not come to settle his domicile in Ipil since he has merely been
staying at his brother’s house. But this circumstance alone cannot support such conclusion.
Indeed, the Court has repeatedly held that a candidate is not required to have a house in a
community to establish his residence or domicile in a particular place. It is sufficient that he
should live there even if it be in a rented house or in the house of a friend or relative. To insist
that the candidate own the house where he lives would make property a qualification for public
office. What matters is that Jalosjos has proved two things: actual physical presence in Ipil and
an intention of making it his domicile. Further, it is not disputed that Jalosjos bought a residential
lot in the same village where he lived and a fish pond in San Isidro, Naga, Zamboanga Sibugay.
He showed correspondences with political leaders, including local and national party-mates,
from where he lived. Moreover, Jalosjos is a registered voter of Ipil by final judgment of the
Regional Trial Court of Zamboanga Sibugay. While the Court ordinarily respects the factual
findings of administrative bodies like the COMELEC, this does not prevent it from exercising its
review powers to correct palpable misappreciation of evidence or wrong or irrelevant
considerations. The evidence Jalosjos presented is sufficient to establish Ipil, Zamboanga
Sibugay, as his domicile. The COMELEC gravely abused its discretion in holding otherwise.
Jalosjos won and was proclaimed winner in the 2010 gubernatorial race for Zamboanga Sibugay.
The Court will respect the decision of the people of that province and resolve all doubts
regarding his qualification in his favor to breathe life to their manifest will. Court GRANTED
the petition and SET ASIDE the Resolution of the COMELEC.

Rommel Apolinario Jalosjos V COMELEC G.R No. 191970, April 24, 2012 Facts

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G.R No. 191970, April 24, 2012

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