Jurisdiction over the Person

ROMUALDEZ-MARCOS vs COMELEC, G.R. No. 119976 September 18, 1995

Facts: Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for the position
of Representative of the First District of Leyte providing the information “RESIDENCE IN THE
CONSTITUENCY WHERE I SEEK TO BE ELECTED IMMEDIATELY PRECEDING THE
ELECTION: __________ Years and seven Months.” Private respondent Montejo filed a
Petition for Cancellation and Disqualification with the COMELEC on the grounds that she did
not meet the constitutional requirement for residency as evidence by her voter’s registration
record and certificate of candidacy. Petitioner filed an Amended/Corrected Certificate of
Candidacy, changing the entry "seven" months to "since childhood" but was informed by the
Provincial Election Supervisor that they cannot receive or accept the aforementioned
Certificate of Candidacy on the ground that it is filed out of time. Consequently, petitioner filed
the Amended/Corrected Certificate of Candidacy with the COMELEC's Head Office in
Intramuros, Manila on March 31, 1995

Her Answer to private respondent's petition stated that the seven in her original Certificate
of Candidacy was the result of an "honest misinterpretation" which she sought to rectify by
adding the words "since childhood" in her Amended/Corrected Certificate of Candidacy and
that "she has always maintained Tacloban City as her domicile or residence.

On April 24, 1995, COMELEC came up with a resolution finding the Petition for
Disqualification meritorious, striking of petitioner's Corrected/Amended Certificate of
Candidacy, canceling her original Certificate of Candidacy. Records showed that prior to her
registration in Tolosa, she was in fact a registered voter of San Juan, Metro Manila. The
accuracy of the 7 months residency can be taken from the 3 documents she filed, voter’s
registration in Tolosa, letter of request for cancellation of registration from San Juan, Metro
Manila so that it can be transferred to Tolosa and Certificate of Candidacy, show the
respondent's consistent conviction that she has transferred her residence to Olot, Tolosa,
Leyte from Metro Manila that will only sum up to 7 months.
The COMELEC en banc denied petitioner's Motion for Reconsideration. On May 11, 1995,
the COMELEC issued a Resolution directing that the proclamation of petitioner be suspended
in the event that she obtains the highest number of votes.
The petitioner was the winner of the elections based on the canvass. On account of the
Resolutions disqualifying petitioner and the public respondent's Resolution suspending her
proclamation, petitioner files for relief to the Supreme Court.

Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for the position of
Representative of the First District of Leyte in 1995, providing that her residence in the place was seven (7)
months.

On March 23, 1995, 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
COMELEC charging Marcos as she did not comply with the constitutional requirement for residency as
she lacked the Constitution’s one-year residency requirement for candidates for the House of
Representative.

In her Amended Corrected Certificate of Candidacy, the petitioner changed seven months to since
childhood under residency. Thus, the petitioner’s motion for reconsideration was denied.

On May 11, 1995, the COMELEC issued a Resolution allowing petitioner’s proclamation showing
that she obtained the highest number of votes in the congressional elections in the First District of Leyte.
The COMELEC reversed itself and issued a second Resolution directing that the proclamation of
petitioner be suspended in the event that she obtains the highest number of votes.
 In a Supplemental Petition dated 25 May 1995, Marcos claimed that she was the overwhelming
winner of the elections based on the canvass completed by the Provincial Board of Canvassers.

Issue:

Whether or not Imelda Marcos was a resident of the First District of Leyte to satisfy the one year residency
requirement to be eligible in running as representative.

Held: Yes. The court is in favor of a conclusion supporting petitioner’s claim of legal residence or
domicile in the First District of Leyte. Residence is synonymous with domicile which reveals a tendency or
mistake the concept of domicile for actual residence, a conception not intended for the purpose of
determining a candidate’s qualifications for the election to the House of Representatives as required by
the 1987 Constitution.

An individual does not lose her domicile even if she has lived and maintained residences in different
places. In the case at bench, the evidence adduced by Motejo lacks the degree of persuasiveness as
required to convince the court that an abandonment of domicile of origin in favor of a domicile of choice
indeed incurred. It cannot be correctly argued that Marcos lost her domicile of origin by operation of law as
a result of her marriage to the late President Ferdinand E. Marcos.

It can be concluded that the facts supporting its proposition that petitioner was ineligible to run for the
position of Representative of the First District of Leyte, the COMELEC was obviously referring to
petitioner’s various places of (actual) residence, not her domicile.

Having determined that Marcos possessed 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, May11, and May 25 are set aside. Provincial Board of Canvassers is directed to proclaim
Marcos as the duly elected Representative of the First District of Leyte.