ROMUALDEZ V RTC etal.

(G.R. No. 104960, 1993

(Case Digest)
MissIdea Uncategorized September 1, 2014 1 Minute

Romualdez v. RTC etal, Sept. 14, 1993

Facts:

Petitioner Romualdez is a antural-born citizen; the son of Kokoy

Romualdez and a niece of Imelda Marcos. In 1980, he established his
residence in Malbog, Tolosa, Leyte. However, in 1986, during the days of
People Power, relatives of the deposed President (Marcos), fearing for
their personal safety, fled the country. One of them are the Romuladezes
– they left the country and sought asylum in the United States.

However, in 1991, the U.S. Immigration informed them to depart from the
U.S. or else they’ll be deported. Upon receipt of the information,
Romuladez went back to the Philippines and did not delay his return to
his residence in Leyte and immediately registered himself as a voter.

In 1992, herein private respondent Advincula filed a petition to exclude

petitioner from the list of the voters alleging that the latter is a U.S.
resident, and residency is a qualification for a registered voter. However,
the MTC denied the petition but when the respondent elevated the
petition to the RTC, the appellate court reversed MTC’s ruling and
disqualified Romuldez as a registered voter. Hence, this case.

Issue: Whether petitioner is qualified to be a registered voter in Malbog,

Tolosa, Leyte despite his sudden departure to the U.S?

Ruling:
The Court held that YES, Petitioner is qualified as a registered voter
because he is still considered a resident of Malbog, Tolosa, Leyte.

Stating that, the political situation brought about by people’s Power

Revolution must have caused great fear to the Romualdezes, and as
having concern over the safety of their families, their self-exile is
understandable. Moreover, their sudden departure cannot be described
as ‘voluntary’ or ‘abandonment of residence’.

It must be emphasized that the right to vote is a most precious political

right; a bounden duty of every citizen enabling them to participate in the
government process to ensure the will of the people.