Coquilla vs. COMELEC

Facts: 

Petitioner Coquilla was born of Filipino parents in Oras, Eastern Samar, where he grew up and resided.In 1965, he joined the US Navy and subsequently naturalized as a US citizen.

On October 15, 1998, petitioner came to the Philippines and took out a residence certificate, albeit continued making several trips to the US.On November 10, 2000, he took his oath as a citizen of the Philippines subsequently after his application for repatriation was approved.

On November 21, 2000, he applied for registration as a voter of Butunga, Oras, Eastern Samar.On February 27, 2001, he filed his COC stating therein that he has been a resident of Oras, Eastern Samar for 2 years.On March 5, 2001, respondent incumbent mayor of Oras who was running for re-election, sought the cancellation of petitioner’s COC on the ground that the latter had resided in Oras for only about 6 months since when he took his oath as a citizen of the Philippines. On May 14, 2001, petitioner garnered the highest number of votes and was subsequently proclaimed mayor of Oras.

Issue: 

WON petitioner satisfied the residency requirement for the position of mayor.

Held:

 No. Par. 39, Chapter 1, Title 2 of the Local Government Code (RA 7160) provides that an elective official must be a “…resident therein (barangay, municipality, city or province) for at least 1 year immediately preceeding the day of the election…”

The term “residence” is to be understood not in its common acceptation as referring to “dwelling” or “habitation,” but rather to “domicile” or legal residence, that is, “the place where a party actually or constructively has his permanent home, where he, no matter where he may be found at any given time, eventually intends to return and remain (animus manendi). A domicile of origin is acquired by every person at birth. It is usually the place where the child’s parents reside and continues until the same is abandoned by acquisition of a new domicile (domicile of choice).

In the case at bar, petitioner lost his domicile of origin in Oras by becoming a US citizen after enlisting in the US Navy in 1965. From then on and until November 10, 2000, when he reacquired Philippine citizenship, he was an alien.