PHILIP G. ROMUALDEZ, petitioner,
vs.
REGIONAL TRIAL COURT, BRANCH 7, TACLOBAN
CITY, DONATO ADVINCULA, BOARD OF ELECTION INSPECTORS, PRECINCT No. 9, MALBOG,
TOLOSA, LEYTE, and the MUNICIPAL REGISTRAR COMELEC, TOLOSA, LEYTE, respondents.
Otilia Dimayuga-Molo for petitioner.
The Solicitor General for respondents.
VITUG, J.:
TOPIC: SUFFRAGE; questioned by change of domicile
FACTS:
1. Philip Romualdez is a natural-born citizen of the Philippines, the son of the former Governor of Leyte, Benjamin "Kokoy" Romualdez, and nephew of the then First Lady Imelda Marcos.
2. In early 1980s, he was a legal resident of and with a residential house at Barangay Malbog, Tolosa, Leyte. He also served a Brgy. captain therein. He also acted as the Campaign Manager of the Kilusang Bagong Lipunan (KBL) in Leyte where he voted during 1984 Batasan Election and 1986 "snap" Presidential Election.
3. In 1986, during the days of People Power, since they are relatives of the deposed President (Marcos), they feared for their safety and fled the country and sought "asylum" in the United States which the United States (U.S.) government granted.
4. Early 1987, Romualdez attempted to come back to the Philippines to run for a congressional seat in Leyte.
5. 23 March 1987: he finally decided to book a flight back to the Philippines but the flight was somehow aborted.
6. 25 September 1991: U.S. Immigration informed them to depart from the U.S. or else they’ll be deported. Upon receipt of the information, Romuladez went back to the Philippine and returned to his residence in Leyte in December 1991.
7. 01 February 1992: he registered himself as a voter at Precinct No. 9 of Malbog, Tolosa, Leyte for the Synchronized National and Local Election scheduled for 11 May 1992. He was allowed to be registered since he was a known resident and even an elected Brgy. Chariman of Malbog in 1982.
8. 21 February 1992: Donato Advincula filed a petition with the Municipal Trial Court of Tolosa, Leyte, praying that Romualdez be excluded from the list of voters in Precinct No. 9 of Malbog, Tolosa, Leyte, under BP 881 and RA 7166.
9. 25 February 1992: Romualdez filed an answer, contending that he has been a resident of Tolosa, Leyte, since the early 1980's, and that he has not abandoned his said residence by his physical absence therefrom during the period from 1986 up to the third week of December 1991.
10. MTC Tolosa, Leyte ordered on 28 February 1992 that ROMUALDEZ is a RESIDENT of Brgy. Malbog, Tolosa, Leyte and qualified to register as a voter thereat. Petition for his exclusion from the list of voters is denied.
11. Advincula appealed to RTC. Said court REVERSED MTC's ruling on its 03 April 1992 decision and ordered to DELETE and CANCEL the name of respondent Philip G. Romualdez from the list of qualified voters registered February 1, 1992, at the said precint.
12. Hence, this petition.
ISSUE:
1. Whether or not the MTC and RTC acquired
jurisdiction over, respectively, Case No. 01-S. 1992 and Case No. 92-03-42, the
petition having been filed by one who did not allege to be himself a
registered voter of the municipality concerned. - YES
2. Whether or not the respondent court
erred in finding the petitioner to have voluntarily left the country and
abandoned his residence in Malbog, Tolosa, Leyte. - YES
(related to the topic)
RULING:
1. YES, The said courts acquired jurisdiction
over the said cases. Petitioner Romualdez himself affirmed the jurisdiction of
RTC when he explicitly prayed on his appeal-memorandum that MTC decision
denying respondent Advicula's prayer to exclude Romualdez from the list of registered voters be
affirmed.
It has been previously ruled that: while
lack of jurisdiction may be assailed at any stage, a party's active
participation in the proceedings before a court without jurisdiction will estop
such party from assailing such lack of jurisdiction.
Thus, petitioner Romualdez is now
estopped from questioning the jurisdiction of the respondent RTC not only by
his active participation in the proceedings thereat but, more importantly, in
having sought an affirmative relief himself when the appeal was made to the
latter court whose jurisdiction he, in effect, invoked.
The question of the jurisdiction of the
courts and locus standi of the complainant in the proceedings it considered
foreclosed.
2. YES. The court erred in finding the
petitioner to have voluntarily left the country and abandoned his residence in
Malbog, Tolosa, Leyte.
"Residence" and
"domicile" have been held to be synonymous in election cases
which imports not only an intention to reside in a fixed place but also
personal presence in that place, coupled with conduct indicative of such
intention.
To acquire a new domicile by choice, the following must concur:
(1) residence or bodily presence in the new locality
(2) an intention to remain there, and
(3) an intention to abandon the old domicile.
Romualdez's residence at Barangay Malbog, Tolosa, Leyte was established during the early 1980's. The Romualdezes self-exile during the People's Power Revolution, which brought serious concern over their families' safety and welfare, is understandable.
Thus, their sudden departure cannot be described as "voluntary" or as "abandonment of residence" at least in the context that these terms are used in applying the concept of "domicile by choice."
The records do not convince that petitioner had abandoned his residence in the Philippines and established his domicile elsewhere.
SC: The right to vote is a most precious political right, as well as a bounden duty of every citizen, enabling and requiring him to participate in the process of government so as to ensure that the government can truly be said to derive its power solely from the consent of the governed.
SC decision:
Petition is meritorious and is GRANTED DUE COURSE. RTC Decision dated 03 April 1992 is REVERSED and SET ASIDE.
MTC 28 February 1992 Decision is REINSTATED. Temporary Restraining order is made PERMANENT.
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