Aquino vs. COMELEC G.R. No.

120265, September 18, 1995

Facts: Petitioner Agapito Aquino filed his certificate of candidacy for the position of
Representative for the Second District of Makati City. Private respondents Move
Makati, a duly registered political party, and Mateo Bedon, Chairman of LAKAS-
NUCD-UMDP of Brgy. Cembo, Makati City, filed a petition to disqualify petitioner on
the ground that the latter lacked the residence qualification as a candidate for
congressman which, under Sec. 6, Art. VI of the Constitution, should be for a period
not less than 1 year immediately preceding the elections.

Issue: Whether or not the petitioner lacked the residence qualification as a

candidate for congressman as mandated by Sec. 6, Art. VI of the Constitution

Held: In order that petitioner could qualify as a candidate for Representative of

the Second District of Makati City, he must prove that he has established not just
residence but domicile of choice.

Petitioner, in his certificate of candidacy for the 1992 elections, indicated not only
that he was a resident of San Jose, Concepcion, Tarlac in 1992 but that he was a
resident of the same for 52 years immediately preceding that elections. At that time,
his certificate indicated that he was also a registered voter of the same district. His
birth certificate places Concepcion, Tarlac as the birthplace of his parents. What
stands consistently clear and unassailable is that his domicile of origin of record up to
the time of filing of his most recent certificate of candidacy for the 1995 elections was
Concepcion, Tarlac.

The intention not to establish a permanent home in Makati City is evident in his
leasing a condominium unit instead of buying one. While a lease contract may be
indicative of petitioner’s intention to reside in Makati City, it does not engender the
kind of permanency required to prove abandonment of one’s original domicile.

Petitioner’s assertion that he has transferred his domicile from Tarlac to Makati is a
bare assertion which is hardly supported by the facts. To successfully effect a change
of domicile, petitioner must prove an actual removal or an actual change of domicile;
a bona fide intention of abandoning the former place of residence and establishing a
new one and definite acts which correspond with the purpose. In the absence of clear
and positive proof, the domicile of origin should be deemed to continue