G.R. No. 180088 January 19, 2009
MANUEL B. JAPZON, Petitioner, vs. COMMISSION ON ELECTIONS and JAIME S. TY, Respondents.

FACTS

Petitioner Manuel B. Japzon and private respondent Jaime S. Ty were candidates for Mayor of General Macarthur, Eastern Samar, in the May 14, 2007 elections. Japzon filed a Petition before the COMELEC to disqualify Ty and/or cancel his Certificate of Candidacy on grounds of material misrepresentation. Japzon averred that Ty, a former natural-born Filipino, migrated to the USA, became an American citizen, and resided there for 25 years. Japzon claimed Ty falsely represented in his Certificate of Candidacy that he was a resident of Barangay 6, Poblacion, General Macarthur, Eastern Samar, for one year before the election and was not a permanent resident of a foreign country. Japzon argued that even if Ty applied to reacquire Philippine citizenship, he never actually resided in the locality for the required one year, continued traveling to the USA, and failed to renounce his foreign citizenship as required by Republic Act No. 9225 .
Ty admitted he was a natural-born Filipino who became a naturalized American citizen but claimed that prior to filing his candidacy, he had: (1) filed an application to reacquire Philippine citizenship under R.A. No. 9225 ; (2) executed an Oath of Allegiance to the Republic on October 2, 2005; (3) applied for and was issued a Philippine passport on October 26, 2005, stating his residence in General Macarthur; (4) secured a Community Tax Certificate on March 8, 2006, stating his address in Barangay 6; (5) registered as a voter on July 17, 2006; (6) secured another CTC on January 4, 2007; and (7) executed a Renunciation of Foreign Citizenship on March 19, 2007. Ty argued he had reacquired Philippine citizenship, renounced American citizenship, and had been a resident of the municipality for more than one year prior to the elections.
The COMELEC First Division rendered a Resolution on July 31, 2007, denying Japzon’s petition, finding that Ty complied with R.A. No. 9225 and had been a resident of the locality for at least one year before the elections. The COMELEC en banc affirmed this in a Resolution dated September 28, 2007. Japzon then filed the present Petition for Review on Certiorari.

ISSUE

Whether the COMELEC committed grave abuse of discretion in ruling that Jaime S. Ty did not commit material misrepresentation in his Certificate of Candidacy regarding his citizenship and residency qualifications for the office of Mayor.

RULING

The Supreme Court DISMISSED the Petition. The Court held that the COMELEC did not commit grave abuse of discretion. The Court found that Ty had reacquired his Philippine citizenship under R.A. No. 9225 by taking the Oath of Allegiance on October 2, 2005, and subsequently executing a Renunciation of Foreign Citizenship on March 19, 2007. On the issue of residency, the Court ruled that “residence” for election purposes means “domicile,” or the place where one has a permanent home and intends to return. While Ty lost his domicile of origin upon naturalization as a U.S. citizen, his reacquisition of Philippine citizenship and subsequent acts—including applying for a Philippine passport indicating his residence in General Macarthur, securing Community Tax Certificates, and registering as a voter there—proved he had re-established his domicile in Barangay 6, Poblacion, General Macarthur, Eastern Samar, for more than one year before the May 14, 2007 elections. Thus, there was no material misrepresentation in his Certificate of Candidacy.