This case clarifies the requirements for establishing domicile in the Philippines for electoral purposes. The Supreme Court ruled that Rommel Apolinario Jalosjos, a naturalized Filipino citizen who reacquired his citizenship, successfully established residency in Zamboanga Sibugay, making him eligible to run for governor. The decision emphasizes that demonstrating an intent to reside permanently in a specific location, coupled with physical presence and actions supporting that intent, is sufficient to establish domicile, even without owning property there.

From Dual Citizenship to Local Governance: Proving Residency for Election

The central question in Jalosjos v. Commission on Elections was whether Jalosjos, having reacquired Philippine citizenship after being a citizen of Australia, met the residency requirements to run for Governor of Zamboanga Sibugay. The Commission on Elections (COMELEC) initially disqualified Jalosjos, arguing he failed to prove a bona fide intention to establish domicile in Ipil, Zamboanga Sibugay. Jalosjos, born in Quezon City, migrated to Australia at a young age, became an Australian citizen, but later returned to the Philippines, reacquired his Philippine citizenship, and ran for office. The Supreme Court had to determine if Jalosjos’s actions sufficiently demonstrated a change of domicile.

The Local Government Code mandates that a candidate for provincial governor must be a resident of that province for at least one year before the election. The term **residence** is legally synonymous with **domicile** in election law, requiring not only an intention to reside in a place but also physical presence there, coupled with conduct indicative of that intention. The court emphasized that determining compliance with residency requirements involves assessing a person’s intention, acknowledging that there’s no rigid formula. Jurisprudence dictates that everyone has a domicile, once established it persists until a new one is acquired, and a person can only have one domicile at a time.

The COMELEC argued that Jalosjos failed to prove a successful change of domicile, suggesting it remained either Quezon City or Australia. However, the Supreme Court disagreed, stating that Jalosjos’s domicile of origin was Quezon City, which he effectively changed when he became an Australian citizen and resided there for 26 years. This established Australia as his domicile by both choice and operation of law.

> “On the other hand, when he came to the Philippines in November 2008 to live with his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his domicile for good. He left Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In addition, he reacquired his old citizenship by taking an oath of allegiance to the Republic of the Philippines, resulting in his being issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he gave up his domicile there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay.”

The Court found that Jalosjos’s actions demonstrated a clear intention to establish a new domicile in the Philippines. He relinquished his Australian citizenship, reacquired Philippine citizenship, and established physical presence in Ipil, Zamboanga Sibugay. The COMELEC’s conclusion that Jalosjos was merely a guest in his brother’s house was refuted by the Supreme Court, which clarified that owning property is not a prerequisite for establishing residency or domicile. The critical factors are physical presence and the intention to make the place one’s domicile.

Supporting Jalosjos’s claim were affidavits from neighbors attesting to his physical presence in Ipil. Further, he had purchased a residential lot and a fishpond in Zamboanga Sibugay. He also presented evidence of correspondence with political leaders from his place of residence. Importantly, Jalosjos was a registered voter in Ipil, a status affirmed by a final judgment from the Regional Trial Court of Zamboanga Sibugay.

The Court acknowledged its usual deference to the factual findings of administrative bodies like the COMELEC. However, it emphasized its power to correct misapplications of evidence or the consideration of wrong or irrelevant factors. The Supreme Court concluded that Jalosjos had presented sufficient evidence to establish Ipil, Zamboanga Sibugay, as his domicile. Given that Jalosjos had won the election and been proclaimed the winner, the Court resolved any remaining doubts in his favor, respecting the will of the people of Zamboanga Sibugay.

FAQs

What was the key issue in this case?	The primary issue was whether Rommel Jalosjos met the residency requirement for running as governor of Zamboanga Sibugay, considering his previous Australian citizenship and subsequent reacquisition of Philippine citizenship. The court examined whether he had successfully established domicile in the province.
What does “domicile” mean in the context of election law?	In election law, domicile is synonymous with residence. It requires both an intention to reside in a particular place and physical presence in that place, coupled with conduct indicative of that intention.
What evidence did Jalosjos present to prove his domicile?	Jalosjos presented evidence that he relinquished his Australian citizenship, reacquired Philippine citizenship, resided in Ipil, Zamboanga Sibugay, purchased property there, and was a registered voter in the area. Affidavits from neighbors also confirmed his physical presence.
Did Jalosjos need to own property to establish domicile?	No, the Supreme Court clarified that owning property is not a requirement for establishing domicile. It is sufficient to reside in a place, even in a rented house or the house of a relative, as long as there is an intention to make it one’s domicile.
What role did Jalosjos’s prior citizenship play in the decision?	Jalosjos’s prior Australian citizenship was relevant because it established his previous domicile. The Court needed to determine whether he had abandoned that domicile and established a new one in Zamboanga Sibugay.
How did the COMELEC rule initially, and why?	The COMELEC initially disqualified Jalosjos, arguing that he failed to provide sufficient proof of a bona fide intention to establish his domicile in Ipil, Zamboanga Sibugay. They believed he was merely a guest in his brother’s house.
On what basis did the Supreme Court overturn the COMELEC’s decision?	The Supreme Court found that the COMELEC had misapplied the evidence and failed to consider Jalosjos’s actions demonstrating his intent to reside permanently in Zamboanga Sibugay. The court emphasized the importance of both physical presence and intent.
What is the significance of the court respecting the election results?	The court’s decision to resolve doubts in favor of Jalosjos, who had already won the election, reflects a principle of respecting the will of the people. It underscores that election laws should be interpreted to give effect to the voters’ choice when possible.

This case illustrates the importance of demonstrating clear intent and consistent actions when establishing domicile for electoral purposes. It provides guidance on the types of evidence that can be used to prove residency and highlights the court’s role in ensuring that election laws are applied fairly and consistently with the will of the electorate.

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: ROMMEL APOLINARIO JALOSJOS VS. THE COMMISSION ON ELECTIONS AND DAN ERASMO, SR., G.R. No. 191970, April 24, 2012