In the Philippines, the right to run for public office is constitutionally protected, but it comes with certain qualifications, including residency. The Supreme Court, in Sabili v. COMELEC, had to decide whether Meynardo Sabili, a candidate for mayor of Lipa City, met the one-year residency requirement. The Court ultimately sided with Sabili, emphasizing that residency is not solely about property ownership but about an individual’s physical presence in a community coupled with an intent to remain there, respecting the will of the electorate who voted him into office.

From San Juan to Lipa: Did a Politician Truly Change His Home for Mayor?

The case arose when Florencio Librea questioned Sabili’s certificate of candidacy (COC), alleging that Sabili misrepresented his residency. Sabili had previously been a long-time resident of San Juan, Batangas. Librea argued Sabili had not met the one-year residency requirement for Lipa City, as stipulated by Section 39 of the Local Government Code. To support his claim, Librea presented various documents, including tax declarations of a Lipa City property registered under the name of Sabili’s common-law partner and certifications questioning the family’s presence in Lipa City. In response, Sabili presented evidence such as affidavits from neighbors, a certification from the barangay captain, and his income tax returns (ITR) indicating his Lipa City address. The Commission on Elections (COMELEC) initially sided with Librea, leading to Sabili’s appeal to the Supreme Court.

At the heart of the controversy was whether Sabili genuinely intended to make Lipa City his permanent home, fulfilling the legal definition of residency for electoral purposes. The Supreme Court had to weigh the evidence presented by both sides, considering not only the documents but also the context of Sabili’s actions and declarations. The Court noted that while property ownership is not a prerequisite for residency, the existence of a home in Lipa City, coupled with other factors, could indicate a genuine intent to reside there. To understand the Supreme Court’s ruling, it is important to consider the legal definition of residency. In election law, “residence” and “domicile” are often used synonymously. Domicile refers to the place where an individual has a permanent home and intends to return, regardless of temporary absences.

The critical elements for establishing a new domicile are physical presence in the new location and a clear intention to abandon the previous residence, known as animus non revertendi, and to remain in the new location, known as animus manendi. The court emphasized that proving a change of domicile requires demonstrating an actual removal or change of domicile, a genuine intention to abandon the former residence, and actions that align with this purpose. The Supreme Court found that the COMELEC had committed grave abuse of discretion in its assessment of the evidence. The court criticized the COMELEC’s overemphasis on property ownership, noting that it is not a determining factor for residency. Instead, the focus should be on whether the candidate has established a physical presence in the community and intends to remain there.

The Court highlighted that Sabili had filed his ITR in Lipa City, declaring it as his place of residence. While the COMELEC dismissed this evidence by stating that an ITR can also be filed at the principal place of business, the Court pointed out that Sabili had no registered business in Lipa City, making his residential declaration more significant. Further, the certification from the barangay captain stating that Sabili had been residing in the barangay since 2007 was initially dismissed by the COMELEC because it was not notarized. The Supreme Court noted that even without notarization, the certification should have been given due consideration as it was an official record made in the performance of the barangay captain’s duty. The Court also considered the affidavits from neighbors and community members attesting to Sabili’s presence and participation in local affairs.

Moreover, the High Tribunal pointed out that the COMELEC was inconsistent in its assessment of the affidavit provided by Sabili’s common-law partner, Bernadette Palomares. The COMELEC had highlighted that their property regime would be based on their actual contributions because they are not legally married. The COMELEC then disregarded Palomares’ statement that the Lipa property was purchased solely with Sabili’s funds. In sum, the Court found that Sabili had presented substantial evidence to demonstrate his compliance with the one-year residency requirement. The Court reiterated that in election cases, the will of the electorate should be paramount, stating:

To successfully challenge a winning candidate’s qualifications, the petitioner must clearly demonstrate that the ineligibility is so patently antagonistic to constitutional and legal principles that overriding such ineligibility and thereby giving effect to the apparent will of the people, would ultimately create greater prejudice to the very democratic institutions and juristic traditions that our Constitution and laws so zealously protect and promote.

In its decision, the Supreme Court clarified that while certain factors like property ownership and family residence are relevant, they are not the sole determinants of residency. The intention to establish a domicile of choice, coupled with physical presence, is critical. By focusing on Sabili’s actions, declarations, and community involvement, the Court underscored the importance of considering the totality of evidence in residency disputes. The Court emphasized that it had been shown that the misrepresentation had not been convincingly proven. The High Court reiterated that in election law, the ultimate goal is to give effect to the will of the voters.

The Supreme Court’s decision in Sabili v. COMELEC provides important guidance on how residency is determined for electoral candidacy in the Philippines. The decision underscores the importance of physical presence and intent to remain in a locality, cautioning against an overly rigid focus on property ownership or other factors. The Court’s ruling serves as a reminder to election officials and the public that residency disputes should be resolved based on a holistic assessment of the evidence, always bearing in mind the principle of giving effect to the will of the electorate.

FAQs

What was the key issue in this case?	The key issue was whether Meynardo Sabili met the one-year residency requirement for running as mayor of Lipa City, or if he misrepresented his residency in his certificate of candidacy.
What is the legal definition of residency in the context of elections?	In election law, residency is often equated with domicile, which is the place where an individual has a permanent home and intends to return, regardless of temporary absences. This involves physical presence and intent to remain.
What evidence did the petitioner present to prove his residency?	Sabili presented affidavits from neighbors, a certification from the barangay captain, his income tax returns (ITR) indicating his Lipa City address, and community involvement to prove his residency.
Why did the COMELEC initially disqualify Sabili?	The COMELEC initially disqualified Sabili due to doubts about his intent to reside in Lipa City, and gave greater weight to the fact that his common-law partner owned the property, not him.
What did the Supreme Court say about property ownership and residency?	The Supreme Court clarified that property ownership is not a prerequisite for residency, but the existence of a home can indicate intent to reside in a locality.
What is “animus manendi” and why is it important?	“Animus manendi” is the intention to remain in a particular place. It is a crucial element in establishing domicile or residency for election purposes.
What was the significance of Sabili’s income tax returns in this case?	Sabili’s ITR, where he declared his Lipa City address, was significant because he had no registered business in Lipa City, making his residential declaration more relevant.
Why did the Supreme Court emphasize the will of the electorate?	The Supreme Court emphasized that election laws should give effect to the will of the voters, and a winning candidate’s qualifications should only be challenged if the ineligibility is clearly against legal principles.

The Sabili case offers a comprehensive view of how Philippine courts assess residency for electoral qualifications. It highlights the need for a balanced and contextual evaluation of evidence, respecting both the legal requirements and the democratic will of the voters.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Sabili v. COMELEC, G.R. No. 193261, April 24, 2012