G.R. No. 150477 ; February 28, 2005
LAZARO C. GAYO, petitioner, vs. VIOLETA G. VERCELES, respondent.

FACTS

Petitioner Lazaro C. Gayo filed a petition for quo warranto to declare null and void the proclamation of respondent Violeta G. Verceles as Mayor of Tubao, La Union, following the May 14, 2001 elections. Gayo contended that Verceles was disqualified for failing to meet the one-year residency requirement under the Local Government Code, as she was allegedly a permanent resident of the United States. Verceles had migrated to the U.S. in 1977 but retained her Filipino citizenship. She returned to the Philippines for good in 1993, registered as a voter in Tubao in 1995, and filed income tax returns. She surrendered her U.S. alien registration card in January 1998 before running and winning as Mayor in the 1998 elections. She was re-elected in 2001.
The Regional Trial Court dismissed the petition, ruling that Verceles had effectively abandoned her status as a U.S. permanent resident when she waived her “green card” prior to the 1998 elections. The court held that this waiver remained effective for the 2001 elections and that Section 68(e) of the Omnibus Election Code, on disqualification of permanent residents, was not repealed by Section 40(f) of the Local Government Code. Gayo filed a petition for review directly with the Supreme Court.

ISSUE

Whether the respondent was qualified for the position of municipal mayor by meeting the one-year residency requirement, notwithstanding her previous status as a permanent resident of the United States.

RULING

The Supreme Court dismissed the petition and affirmed the RTC decision, holding that Violeta Verceles was qualified. Initially, the Court noted that Gayo’s direct recourse via Rule 45 was improper, as an appeal to the Court of Appeals under Rule 41 was the correct remedy. The case was also technically moot as the contested term had ended. However, the Court resolved the merits due to the issue’s capability of repetition yet evading review.
On the substantive issue, the Court ruled that Verceles had sufficiently renounced her U.S. permanent resident status and re-established her domicile in Tubao, La Union. The act of surrendering her alien registration card in January 1998 was a positive step demonstrating abandonment of her U.S. residency. This occurred well before the May 2001 elections, satisfying the one-year residency requirement. Her subsequent acts—voter registration, tax payments, and continuous service as Mayor since 1998—buttressed her intention to reside permanently in the Philippines.
The Court further clarified that Section 40(f) of the Local Government Code, which disqualifies permanent residents in a foreign country, was not inconsistent with Section 68(e) of the Omnibus Election Code. The latter provision complements the former by supplying the condition for qualification: the effective waiver of such permanent resident status. Since Verceles had unequivocally waived that status before the 1998 elections, she was not disqualified under either law during the 2001 elections.