G.R. No. 30271, January 30, 1929
NICASIO M. VIVERO, plaintiff-appellant, vs. MATEO G. MURILLO, defendant-appellee.

FACTS

Mateo G. Murillo was born and raised in the barrio of Paliway, Municipality of La Paz, Leyte. He left to study in Tacloban, Calbayog, and Manila, supported by his parents, and returned to La Paz during vacations. In 1925, he registered as a voter in Burauen, Leyte, while campaigning for a senator. La Paz, formerly a barrio of Burauen, became an independent municipality in 1918. In 1926, Murillo announced his candidacy for municipal president of La Paz in the 1928 elections. In April 1928, he applied to cancel his voter registration in Burauen and registered as a voter in La Paz. He won the election. Nicasio Vivero, the vice-president-elect, filed a quo warranto proceeding challenging Murillo’s eligibility, arguing Murillo lacked the required legal residence in La Paz.

ISSUE

Whether Mateo G. Murillo had the required legal residence in the Municipality of La Paz to be eligible for the office of municipal president at the time of the 1928 elections.

RULING

Yes. The Supreme Court affirmed the lower court’s judgment, holding Murillo eligible.

The Court ruled that Murillo never lost his legal residence (domicile) in La Paz. As an unmarried student supported by his parents, his domicile remained that of his parents in La Paz. His temporary stays in other places for education did not constitute abandonment of his domicile of origin.

Regarding his voter registration in Burauen, the Court applied the doctrine from *Yra v. Abaño*, which held that being a “qualified voter” under the Election Law does not require prior registration in the municipality. Eligibility depends on possessing the qualifications and none of the disqualifications prescribed by law. Registration is merely a procedural requirement for exercising the right to vote, not a qualification for office. Thus, Murillo’s failure to cancel his Burauen registration beforehand did not render him ineligible.

The Court emphasized that Murillo took steps to establish his residence in La Paz, including moving his family there and applying for voter cancellation in Burauen. Therefore, he was a qualified voter and eligible candidate for municipal president of La Paz.