JAPZON v.

COMELEC

G.R. No. 180088. January 19, 2009

Chico-Nazario, J.

FACTS: Petitioner, Manuel B. Japzon, and private respondent, Jaime S. Ty, were candidates for
the Office of Mayor of the Municipality of General Macarthur, Eastern Samar, in the May 2007
local elections. Ty garnered the highest number of votes and was declared Mayor by the
Municipal Board of Canvassers.

Prior to the proclamation of winners, Japzon filed before the COMELEC a Petition to disqualify
and/or cancel Ty’s Certificate of Candidacy on the ground of material misrepresentation.
Japzon alleged in his Petition that Ty was a former natural-born Filipino, born on Oct 9, 1943 in
General Macarthur, Eastern Samar to spouses Ang Chim Ty (Chinese) and Crisanta Aranas
Sumiguin (Filipino). Ty eventually migrated to the US and became a citizen thereof where he
has been residing for the last 25 years. When Ty filed his Certificate of Candidacy, he falsely
represented that he was a resident of Brgy. 6 Poblacion, General Macarthur, Eastern Samar for
a period of 1 year immediately preceding the date of election. Japzon alleged that upon Ty’s
application for reacquisition of his Philippine citizenship, he never actually resided in the said
address. In addition, Ty continued to make trips to the US for 3 months which Japzon says that
even if he had already took his Oath of Allegiance to the Republic of the Philippines, he still
accords himself as an American citizen. He had also failed to renounce his foreign citizenship
as required by RA No. 9225.

In Ty’s answer to the petitioner’s Petition, he admitted that he was a natural-born Filipino who
went to US to work and subsequently became a naturalised American citizen. However, Ty
explained that prior to filing his Certificate of Candidacy of the Mayoral position he had already
filed an application for the reacquisition of his Philippine citizenship with the Philippine
Consulate General in LA, California USA; executed an Oath of Allegiance to the Republic of the
Philippines before the Vice Consul of the Philippine Consulate General in US; applied (and
eventually been approved) for a Philippine passport indicating in his application that his
residence in the Philippines was at A. Mabini St., Brgy. 6, Poblacion, General Macarthur,
Eastern Samar; personally secured and signed his Community Tax Certificate (CTC) from the
Municipality of General Macarthur; registered himself as voter in Precinct 0013A; secured
another CTC stating the same address; and lastly, a duly notarised Renunciation of Foreign
Citizenship. Given the said facts, private respondent argued that he had acquired his Philippine
citizenship and renounced his American citizenship and been a resident of the Municipality of
General Macarthur, Eastern Samar for more than one year prior to the May 2007 elections.

The COMELEC ruled in favor of Ty.

ISSUE: Whether or not the Commission on Elections grave abuse of discretion amounting to
lack or excess of jurisdiction when they allowed Ty to run for Mayoral office

RULING: No because Ty establish his intent to make the Municipality of General Macarthur,
Eastern Samar his new domicile of choice when he reacquired his Philippine citizenship,
applied for Philippine passport and paid local community taxes. He has also been bodily
present in the municipality since his arrival on May 4, 2006, a little over a year prior to the May
2007 elections. As for his trips abroad, the Court saw no basis to require him to stay in and
never leave at all the municipality for the full one-year. Court has previously ruled that absence
from residence to pursue studies or practice a profession or registration as a voter other than in
the place where one is elected, does not constitute loss of residence. Even if length of actual
stay in a place is not necessarily determinative of the fact of residence therein, it does strongly
support and is only consistent with Ty's avowed intent in this case to establish residence/
domicile in the Municipality of General Macarthur, Eastern Samar. Hence, his animus manendi
(“intention of remaining”) and animus revertendi (“with intention to return”) was established.
Japzon failed to substantiate his claim that Ty is ineligible to be Mayor of the Municipality of
General Macarthur, Eastern Samar, Philippines. Petition was dismissed.