SABILI V.

COMELEC
670 SCRA 664 (2012)

Domicile vs. Residence

When Sabili filed his COC for mayor of Lipa City for the 2010 elections, he stated therein that he
had been a resident of the city for two (2) years and eight (8) months.

Prior to the 2010 elections, he had been twice elected (in 1995 and in 1998) as Provincial Board
Member representing the 4th District of Batangas. During the 2007 elections, Sabili ran for the
position of Representative of the 4th District of Batangas, but lost. The 4th District of Batangas
includes Lipa City. However, it is undisputed that when petitioner filed his COC during the 2007
elections, he and his family were then staying at his ancestral home in Barangay (Brgy.) Sico,
San Juan, Batangas.

The COMELEC declared petitioner as disqualified from seeking the mayoralty post in Lipa City,
and canceled his Certificate of Candidacy for his not being a resident of Lipa City and for his
failure to meet the statutory one-year residency requirement under the law.

Issue: Whether petitioner Sabili had complied with the one-year residency requirement for
local elective officials.

Rule: Yes.

The Constitution and the law requires residence as a qualification for seeking and holding
elective public office, in order to give candidates the opportunity to be familiar with the needs,
difficulties, aspirations, potentials for growth and all matters vital to the welfare of their
constituencies; likewise, it enables the electorate to evaluate the office seekers’ qualifications
and fitness for the job they aspire for.

To establish a new domicile of choice, personal presence in the place must be coupled with
conduct indicative of the intention to make it one's fixed and permanent place of abode.

Petitioner’s actual physical presence in Lipa City is established not only by the presence of a
place (Pinagtong-ulan house and lot) he can actually live in, but also the affidavits of various
persons in Pinagtong-ulan, and the Certification of its barangay captain. Petitioner’s substantial
and real interest in establishing his domicile of choice in Lipa City is also sufficiently shown not
only by the acquisition of additional property in the area and the transfer of his voter registration,
but also his participation in the community’s socio-civic and religious life, as well as his
declaration in his ITR that he is a resident thereof.