TITLE: Romualdez-Marcos vs.

COMELEC
CITATION: 248 SCRA 300
FACTS:
Imelda, a little over 8 years old, in or about 1938, established her
domicile in Tacloban, Leyte where she studied and graduated high
school in the Holy Infant Academy from 1938 to 1949. She then
pursued her college degree, education, in St. Pauls College now Divine
Word University also in Tacloban. Subsequently, she taught in Leyte
Chinese School still in Tacloban. She went to manila during 1952 to
work with her cousin, the late speaker Daniel Romualdez in his office
in the House of Representatives. In 1954, she married late President
Ferdinand Marcos when he was still a Congressman of Ilocos Norte
and was registered there as a voter. When Pres. Marcos was elected
as Senator in 1959, they lived together in San Juan, Rizal where she
registered as a voter. In 1965, when Marcos won presidency, they
lived in Malacanang Palace and registered as a voter in San Miguel
Manila. She served as member of the Batasang Pambansa and
Governor of Metro Manila during 1978.
Imelda Romualdez-Marcos was running for the position of
Representative of the First District of Leyte for the 1995
Elections. Cirilo Roy Montejo, the incumbent Representative of the
First District of Leyte and also a candidate for the same position, filed
a Petition for Cancellation and Disqualification" with the Commission
on Elections alleging that petitioner did not meet the constitutional
requirement for residency. The petitioner, in an honest
misrepresentation, wrote seven months under residency, which she
sought to rectify by adding the words "since childhood" in her
Amended/Corrected Certificate of Candidacy filed on March 29, 1995
and that "she has always maintained Tacloban City as her domicile or
residence. She arrived at the seven months residency due to the fact
that she became a resident of the Municipality of Tolosa in said
months.

ISSUE: Whether petitioner has satisfied the 1year residency

requirement to be eligible in running as representative of the First
District of Leyte.
HELD:
Residence is used synonymously with domicile for election
purposes. The court are in favor of a conclusion supporting
petitoners claim of legal residence or domicile in the First District of
Leyte despite her own declaration of 7 months residency in the district
for the following reasons:
1. A minor follows domicile of her parents. Tacloban became Imeldas
domicile of origin by operation of law when her father brought them
to Leyte;
2. Domicile of origin is only lost when there is actual removal or
change of domicile, a bona fide intention of abandoning the former
residence and establishing a new one, and acts which correspond with
the purpose. In the absence and concurrence of all these, domicile of
origin should be deemed to continue.
3. A wife does not automatically gain the husbands domicile because
the term residence in Civil Law does not mean the same thing in
Political Law. When Imelda married late President Marcos in 1954,
she kept her domicile of origin and merely gained a new home and not
domicilium necessarium.
4. Assuming that Imelda gained a new domicile after her marriage and
acquired right to choose a new one only after the death of Pres.
Marcos, her actions upon returning to the country clearly indicated
that she chose Tacloban, her domicile of origin, as her domicile of
choice. To add, petitioner even obtained her residence certificate in
1992 in Tacloban, Leyte while living in her brothers house, an act,

which supports the domiciliary intention clearly manifested. She even

kept close ties by establishing residences in Tacloban, celebrating her
birthdays and other important milestones.
WHEREFORE, having determined that petitioner possesses the
necessary residence qualifications to run for a seat in the House of
Representatives in the First District of Leyte, the COMELEC's
questioned Resolutions dated April 24, May 7, May 11, and May 25,
1995 are hereby SET ASIDE. Respondent COMELEC is hereby directed
to order the Provincial Board of Canvassers to proclaim petitioner as
the duly elected Representative of the First District of Leyte.