G.R. Nos. 260219 & 260231, April 22, 2025
Datu Pax Ali S. Mangudadatu, Petitioner, vs. The Commission on Elections, Sharifa Akeel Mangudadatu, Azel V. Mangudadatu, and Bai Ali A. Untong, Respondents.

FACTS

Petitioner Datu Pax Ali S. Mangudadatu, whose domicile of origin was in Purok Garden, Tamnag, Lutayan, Sultan Kudarat, was elected and served as Mayor of Datu Abdullah Sangki (DAS) starting 2018. In preparation for the 2022 elections for Provincial Governor of Sultan Kudarat, he sought to re-establish his domicile in his original locality. Evidence presented included affidavits from the Punong Barangay and neighbors confirming his increased physical presence in Purok Garden from August 2020, the return of his personal belongings there by September 2020, and his daily returns to the residence since October 2020, only leaving to attend to official duties in DAS. He resigned as Mayor of DAS in November 2021 and subsequently filed his Certificate of Candidacy for Governor.
The Commission on Elections (COMELEC) cancelled his COC, finding he failed to meet the one-year residency requirement under Section 39 of the Local Government Code. The COMELEC and the ponencia ruled that his continuous discharge of duties as Mayor of DAS until his resignation precluded him from simultaneously acquiring a new domicile of choice in Lutayan, Sultan Kudarat, as one cannot have two domiciles at once.

ISSUE

Did the petitioner validly re-establish his domicile in Lutayan, Sultan Kudarat to satisfy the one-year residency requirement for the gubernatorial election, notwithstanding his concurrent incumbency as Mayor of a different municipality?

RULING

Yes, in the dissenting view of Justice Lopez. The legal logic centers on the nature of domicile and residency as a question of fact, focusing on the candidate’s intention and positive acts. The residency requirement aims to prevent strangers from governing a community, which is satisfied by demonstrating both physical presence (animus manendi) and intention to abandon the former domicile (animus non revertendi). The dissent argues that incumbency in one locality does not, as a matter of law, create an irrebuttable presumption that a candidate cannot form the intention to reside elsewhere.
The factual evidence—including barangay certifications and neighbor affidavits confirming his physical presence and community involvement in Lutayan starting August 2020—demonstrates a bona fide change of residence well over a year before the May 2022 elections. His official duties in DAS were necessitated by his elected office and do not negate the concurrent establishment of a new domicile, as domicile can be changed even while maintaining a temporary residence for work. Therefore, the COMELEC’s cancellation of his COC was a grave abuse of discretion, as the petitioner successfully proved compliance with the substantive residency requirement through concrete acts and community ties.