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(Art. 4, Sec. 5) Japzon V COMELEC

This case involves a petition to disqualify mayoral candidate Jaime Ty on the grounds that he did not meet residency requirements. The COMELEC denied the petition. The Supreme Court affirmed, finding that Ty had reacquired his Philippine citizenship under the Citizenship Retention and Reacquisition Act, which does not impose residency requirements. As a dual citizen, Ty was free to reside in either country. The Court also found that Ty met the one-year residency requirement for the mayoral position based on actions like securing a Philippine passport and paying community taxes in General Macarthur, establishing it as his domicile of choice.

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224 views

(Art. 4, Sec. 5) Japzon V COMELEC

This case involves a petition to disqualify mayoral candidate Jaime Ty on the grounds that he did not meet residency requirements. The COMELEC denied the petition. The Supreme Court affirmed, finding that Ty had reacquired his Philippine citizenship under the Citizenship Retention and Reacquisition Act, which does not impose residency requirements. As a dual citizen, Ty was free to reside in either country. The Court also found that Ty met the one-year residency requirement for the mayoral position based on actions like securing a Philippine passport and paying community taxes in General Macarthur, establishing it as his domicile of choice.

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Manuel B. Japzon, petitioner vs. COMELEC and Jaime S.

Ty, respondents
G.R. No. 180088, January 19, 2009

DOCTRINE: RA 9225 treats citizenship independently of residence, consistent with the intent of the law to
allow dual citizenship. Since a natural-born Filipino may hold, at the same time, both Philippine and
foreign citizenships, he may establish residence either in the Philippines or in the foreign country of
which he is also a citizen.

FACTS:
Japzon instituted a petition before the COMELEC to disqualify and/or cancel Ty’s Certificate of
Candidacy on the ground of material representation. Japzon asserts that Ty was a former natural-born
Filipino and that when Ty filed his Certificate of Candidacy, he falsely represented that he was a resident
of General Macarthur, Eastern Samar for one year before the local elections on May 14, 2007. While Ty
applied for the reacquisition of his Philippine citizenship, he never actually resided in General
Macarthur, Eastern Samar, for a period of one year immediately preceding the date of the election as
required under the Local Government Code. He further states that Ty also failed to renounce his foreign
citizenship as required under RA 9225 or the Citizenship Retention and Reacquisition Act of 2003.

On the other hand, Ty admits that he did become a naturalized American citizen. However, he
also claims that prior to the filing of his COC he already performed the following acts:
(1) with the enactment of RA 9225, granting dual citizenship to natural-born Filipinos, Ty filed with
the Philippine Consulate General an application for the reacquisition of his Philippine citizenship;
(2) on October 2, 2005, Ty executed an Oath of Allegiance to the Rep. of the Philippines before the
Vice Consul of the Phil. Consulate General;
(3) Ty applied for a Philippine passport indicating his residence in the Philippines at General
Macarthur, Eastern Samar.
(4) In 2006 and 2007, Ty personally secured and signed his Community Tax Certificate from the
Municipality of General Macarthur
(5) In July 17, 2006, Ty became a registered voter in General Macarthur
(6) On Match 19, 2007, Ty executed a duly notarized Renunciation of Foreign Citizenship

When the May 14, 2007 elections were held, Ty acquired the highest number of votes and was
declared the Mayor of the Municipality of General Macarthur.

Thereafter, the COMELEC First Division rendered its decision in favor of Ty. It found that Ty
complied with the requirements of the Local Government Code, had reacquired his Philippine citizenship
and that he was a resident of General Macarthur for at least one year prior to the elections. The
COMELEC En Banc also upheld the Resolution of the COMELEC First Decision. Thus, Japzon filed a
Petition for Review on Certiorari seeking to annul COMELEC’s resolutions.
ISSUE: Whether or not the COMELEC committed grave abuse of discretion amounting to lack or excess
of jurisdiction when it rendered its Resolution – NO

HELD:
There is no dispute that Ty was a natural-born Filipino and was born and raised in the
Municipality of General Macarthur. However, he left to work in the USA and eventually became an
American citizen. Ty then reacquired his Philippine Citizenship by taking his Oath of Allegiance to the
Republic of the Philippines, in accordance with the provisions of RA 9225. At this point he was a dual
citizen of the US and the Philippines, it was only on March 19, 2007 when Ty renounced his American
citizenship before a notary public and purely became a Philippine citizen again.

RA 9225 governs the manner where a natural-born Filipino may reacquire or retain his
Philippine citizenship despite acquiring a foreign citizenship and provides for his rights and liabilities
thereof. The said law does not cover the matter of residence of a natural-born Filipino. It does not
impose a residency requirement for the retention or reacquisition of Philippine citizenship; not does it
mention any effect of such reacquisition or retention of Philippine citizenship on the current residence
of the concerned Filipino. Clearly, RA 9225 treats citizenship independently of residence, consistent with
the intent of the law to allow dual citizenship. Since a natural-born Filipino may hold, at the same time,
both Philippine and foreign citizenships, he may establish residence either in the Philippines or in the
foreign country of which he is also a citizen.

Residency in the Philippines only becomes relevant when the natural-born Filipino with dual
citizenship decides to run for public office. For a natural-born Filipino, who reacquired or retained their
Philippine citizenship, under RA 9225, to run for public office he must:
(1) meet the qualifications for holding such public office as required by the constitution and existing
laws; and
(2) make a personal and sworn renunciation of any and all foreign citizenships before any public
officer authorized to administer an oath.

For the first requirement, the Local Government Code further provides the qualifications for
local government officials. In relation to the case, Japzon is averring that Ty failed to meet the one-year
residency requirement under the said law. The Court in its decisions stated that residence refers to
domicile or legal residence, that is, the place where a party actually or constructively has his permanent
home and where he eventually intends to return to and remain (animus manendi). It is true that Ty
abandoned his General Macarthur as his domicile when he became an American citizen, however as the
COMELEC had found, Ty has established his domicile of choice as General Macarthur. This is sufficiently
proven by Ty’s application for a Philippine passport where he stated that his address is at General
Macarthur. Ty had also submitted himself to the local tax jurisdiction of the said municipality by paying
community tax and securing CTCs.

As for the second requirement, it is clear that Ty had already renounced his American citizenship
when he had filed his Certificate of Candidacy for the Office of Mayor.

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