GR 42798; (August, 1935) (Digest)
G.R. No. 42798; August 31, 1935
GUILLERMO DE LOS REYES, petitioner-appellant, vs. MOISES T. SOLIDUM, respondent-appellee.
FACTS
Petitioner Guillermo de los Reyes filed a motion to declare respondent Moises T. Solidum ineligible for the office of Municipal President of Ibajay, Capiz, alleging that Solidum did not possess the required one-year residency in Ibajay at the time of the June 5, 1934 elections. Solidum was born, grew up, married, registered as a voter, voted, and was elected councilor and municipal president in Ibajay. However, he constructed a house in the neighboring municipality of Navas in 1921, where his family lived, his children were born and attended school, and where he conducted his business, obtaining licenses and declaring property there. Solidum maintained that he never abandoned his domicile in Ibajay, returning daily from Navas (a distance of nine kilometers) while serving as municipal president, and consistently paying his personal cedula tax and declaring properties in Ibajay.
ISSUE
Whether or not respondent Moises T. Solidum had the requisite one-year residency in the municipality of Ibajay, Capiz, to be eligible for the office of Municipal President at the time of the June 5, 1934 elections.
RULING
Yes. The Supreme Court affirmed the judgment of the Court of First Instance, holding that Solidum was a legal resident of Ibajay and therefore eligible. The Court ruled that physical presence in a house owned by another (his relative) in Ibajay, coupled with an intention to reside there permanently, was sufficient to establish domicile and residence for election purposes. The fact that he built a house in Navas for business convenience and had his family reside there did not constitute an abandonment of his domicile of origin in Ibajay. His continuous acts of registering, voting, holding office, and paying taxes in Ibajay demonstrated his intention to retain his residence there. Statements in other documents indicating Navas as his residence did not override this consistent pattern of conduct.
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