G.R. No. 88831 and G.R. No. 84508, November 8, 1990 and November 13, 1990.
MATEO CAASI and ANECITO CASCANTE, petitioners, vs. THE HON. COURT OF APPEALS and THE COMMISSION ON ELECTIONS, and MERITO C. MIGUEL, respondents.

FACTS

These consolidated petitions sought the disqualification of Merito Miguel as the elected municipal mayor of Bolinao, Pangasinan, in the January 18, 1988 elections. Petitioners alleged Miguel was disqualified under Section 68 of the Omnibus Election Code for being a “green card” holder, thus a permanent resident of the United States. Petitions for disqualification were filed with the COMELEC before the election, and a quo warranto case was filed after Miguel’s victory.
In his defense, Miguel admitted holding a green card but denied being a permanent U.S. resident. He claimed he acquired it merely for convenience to visit his children and for medical trips, asserting he remained a permanent resident of Bolinao, as evidenced by his consistent voting record in Philippine elections. The COMELEC, except for one dissenting Commissioner, dismissed the petitions, ruling that the green card alone did not prove abandonment of Philippine domicile, given his voting history.

ISSUE

The primary issue is whether Miguel’s possession of a “green card” (Alien Registration Receipt Card) issued by the United States qualifies as proof that he is a permanent resident of a foreign country, thereby disqualifying him from running for elective office under Section 68 of the Omnibus Election Code, absent a valid waiver of that status.

RULING

The Supreme Court ruled in favor of the petitioners, annulling Miguel’s election. The legal logic is anchored on the conclusive presumption established by the law and the documentary evidence. Section 68 explicitly disqualifies any person who is a permanent resident or immigrant of a foreign country from running for elective office, unless such status is waived in accordance with election law residency requirements.
The Court found Miguel’s application for an immigrant visa, where he stated his intended stay in the U.S. as “Permanently,” and the subsequent issuance of the green card identifying him as a “RESIDENT ALIEN,” to be conclusive proof of his status as a U.S. permanent resident. The law aims to prevent dual allegiances, ensuring public officers owe full allegiance to the Philippines. Miguel’s occasional visits and voting in the Philippines did not negate this established legal status acquired through his own application.
The Court emphasized that the waiver of immigrant status must be as clear and indubitable as the act of acquiring it. Since Miguel failed to present evidence of an irrevocable waiver or the surrender of his green card to U.S. authorities before the election deadline, he remained disqualified. His claim of not intending to reside permanently in the U.S. was deemed an attempt to benefit from duplicity, which the Court would not sanction. Consequently, his candidacy and election were declared null and void.