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ROMMEL APOLINARIO JALOSJOS v. COMELEC and DAN ERASMO, SR.

G.R. No. 191970, April 24, 2012

TOPIC: Residence Requirement and Establishment of Domicile

THESIS STATEMENT:
Jalosjos filed a Petition for Certiorari applying for the issuance of Temporary Restraining
Order (TRO) and a Status Quo Ante Order (SQAO) assailing the two resolutions by COMELEC
(Second Division and En Banc) having been issued with grave abuse of discretion amounting
to lack or excess of jurisdiction disqualifying Jalosjos from seeking election as Governor of
Zamboanga Sibugay.
FACTS:
 Jalosjos was born in Quezon City in 1973 establishing his domicile of birth
 Jalosjos migrated to Australia in 1981 wh from the en he was 8 years old and acquired
Australian Citizenship there.
 Jalosjos, 35 years old, returned to the Philippines and decided to live with his brother,
Romeo Jr., in Barangay Veterans Village, Ipil, Zamboanga Sibugay in 2008.
 In November 22, 2008, Jalosjos took an oath of allegiance to the Republic of the
Philippines and received a Certification of Reacquisition of Philippine Citizenship by
the Bureau of Immigration
 In September 1, 2009, Jalosjos renounced his Australian Citizenship, executing a
sworn renunciation in compliance with R.A. 9225
 Jalosjos acquired a residential property in the Veterans Village and a fish pond in San
Isidro, Zamboanga Sibugay
 Jalosjos applied for registration as a voter in the Municipality of Ipil and approved by
Elections Registration Board. His name is included in the COMELEC’s voters list of
Barangay Veterans Village.
 Dan Erasmo Sr. filed a petition for exclusion of Jalosjos’ name from the official voters
list before MCTC but petition was denied. RTC affirmed MCTC’s decision.
 November 28, 2009, Jalosjos filed his COC for Governor of Zamboanga Sibugay
Province

RULING OF PREVIOUS COURTS:

 SECOND DIVISION OF COMELEC (in favor of Erasmo)
 Dan Erasmo Sr. filed a petition to deny due course or to cancel Jalosjos COC on the
ground that Jalosjos made material misrepresentation in COC since he failed to
comply with requirements of R.A. 9225 and fell short on the one-year residency
required by Local Government Code.
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Ruled: Although Jalosjos reacquired Philippine Citizenship, he failed to prove the


residency requirement  failed to present ample proof of a bona fide intention to
establish his domicile in Ipil, Zamboanga Sibugay.
 COMELEC EN BANC (in favor of Erasmo)
 Affirmed COMELEC Second Division decision
 Ruled: Jalosjos had been a mere guest or transient visitor in his brother’s house
 Jalosjos cannot claim Ipil as his domicile
ISSUE/S:
1. WON Jalosjos presented an ample proof of a bona fide intention to establish his
domicile in Ipil, Zamboanga Sibugay.
RULING OF SUPREME COURT:
1. YES. Jalosjos established an ample proof of a bona fide intention to establish his
domicile in Ipil, Zamboanga Sibugay

Residence requirement is synonymous with domicile. The purpose of having a one-

year residency prior to election is that the person must not only intend to reside in a
particular place but must also have PERSONAL PRESENCE in such a place coupled
with CONDUCT indicative of such intention. Pundaodaya v. COMELEC laid down the
guidelines: (1) Every person has a domicile or residence somewhere; (2) where once
established, that domicile remains until he acquires a new one; and (3) a person can
have but one domicile at a time.

 In November 2008, Jalosjos intend to change his domicile for good. He lost his
domicile of birth (Quezon City) when he migrated to Australia and acquired
citizenship there; He lost his domicile of choice and by operation of law (Australia)
when he reacquired Philippine Citizenship and renounce allegiance to Australia;
He acquired domicile in Ipil, Zamboanga Sibugay.
 Jalosjos proved his actual physical presence in Ipil (affidavits of his next-door
neighbors attesting his physical presence) and an intention of making it his
domicile (left Australia, renounce his allegiance to Australia, and reacquired
Philippine Citizenship)
 A candidate is not required to have a house in the community to establish his
residence or domicile in a particular place. Renting a house or in a house of a
friend or relative is sufficient. Jalosjos acquired a property and fish pond in San
Isidro, Zamboanga Sibugay.
 Jalosjos is a registered voter of Ipil by final judgment of RTC of Zamboanga Sibugay
 The SC respected the decision of the people manifesting their will that they voted
Jalosjos to become the Governor of Zamboanga Sibugay Province

Petition GRANTED and SET ASIDE the Resolutions of COMELEC disqualifying Jalosjos.