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    Caballero

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    JS DS
    This case discusses the eligibility of Rogelio Batin Caballero to run for Mayor of Uyugan, Batanes in the 2013 elections. Caballero was born in Uyugan but later became a citizen of Canada, which generally requires permanent residency and abandons one's domicile in the Philippines. While Caballero retained his Philippine citizenship under RA 9225, he failed to prove that he resided in Uyugan for at least one year prior to the election as required. The Supreme Court affirmed his disqualification, as naturalization in a foreign country abandons one's Philippine domicile, and frequent visits do not constitute residency.

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    Caballero

    Uploaded by

    JS DS
    876 views2 pages
    This case discusses the eligibility of Rogelio Batin Caballero to run for Mayor of Uyugan, Batanes in the 2013 elections. Caballero was born in Uyugan but later became a citizen of Canada, which generally requires permanent residency and abandons one's domicile in the Philippines. While Caballero retained his Philippine citizenship under RA 9225, he failed to prove that he resided in Uyugan for at least one year prior to the election as required. The Supreme Court affirmed his disqualification, as naturalization in a foreign country abandons one's Philippine domicile, and frequent visits do not constitute residency.

    Original Description:

    Rogelio Batin Caballero v COMELEC Gr no. 209835 Sept 22, 2015

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    This case discusses the eligibility of Rogelio Batin Caballero to run for Mayor of Uyugan, Batanes in the 2013 elections. Caballero was born in Uyugan but later became a citizen of Canada, which generally requires permanent residency and abandons one's domicile in the Philippines. While Caballero retained his Philippine citizenship under RA 9225, he failed to prove that he resided in Uyugan for at least one year prior to the election as required. The Supreme Court affirmed his disqualification, as naturalization in a foreign country abandons one's Philippine domicile, and frequent visits do not constitute residency.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    876 views2 pages

    Caballero

    Uploaded by

    JS DS
    This case discusses the eligibility of Rogelio Batin Caballero to run for Mayor of Uyugan, Batanes in the 2013 elections. Caballero was born in Uyugan but later became a citizen of Canada, which generally requires permanent residency and abandons one's domicile in the Philippines. While Caballero retained his Philippine citizenship under RA 9225, he failed to prove that he resided in Uyugan for at least one year prior to the election as required. The Supreme Court affirmed his disqualification, as naturalization in a foreign country abandons one's Philippine domicile, and frequent visits do not constitute residency.

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    G.R. No.

    209835

    September 22, 2015

    ROGELIO BATIN CABALLERO vs. COMMISSION ON ELECTIONS


    AND JONATHAN ENRIQUE V. NANUD, JR.
    Political Law; Qualifications of an elective local official : SEC.
    39. Qualifications. - (a) An elective local official must be a citizen of the
    Philippines; a registered voter in the barangay, municipality, city or
    province or, in the case of a member of the sangguniang panlalawigan,
    sangguniang panlungsod, or sanggunian bayan, the district where he
    intends to be elected; a resident therein for at least one (1) year
    immediately preceding the day of the election; and able to read and write
    Filipino or any other local language or dialect.
    PERALTA, J.:
    FACTS: Rogelio Batin Caballero, the petitioner and Jonathan Enrique V.
    Nanud, Jr., the respondent were both candidates for the mayoralty position
    of the Municipality of Uyugan, Province of Batanes in the May 13, 2013
    elections. The private respondent filed a petition for the cancellation of
    petitioner's certificate of candidacy claiming that he was not eligible eligible
    to run for Mayor of Uyugan, Batanes.
    However, the petitioner argued that prior to the filing of his COC on
    October 3, 2012, he took an Oath of Allegiance to the Republic of the
    Philippines before the Philippine Consul General in Toronto, Canada on
    September 13, 2012 and became a dual Filipino and Canadian citizen
    pursuant to Republic Act (RA) No. 9225.Furthermore, he asserted that he
    did not lose his domicile of origin in Uyugan, Batanes despite becoming a
    Canadian citizen.
    On May 3, 2013, the COMELEC First Division issued a Resolution that
    the Certificate of Candidacy of respondent Caballero was cancelled.
    Petitioner was proclaimed Mayor of Uyugan, Batanes, on May 14, 2013. On
    May 16, 2013, petitioner filed a Motion for Reconsideration with the
    COMELEC En Banc but the same was denied. Thus, on December 12, 2013,
    COMELEC Chairman Sixto S. Brillantes, Jr. issued a Writ of Execution and
    private respondent took his Oath of Office on December 20, 2013. Hence
    this appeal.

    ISSUE: Whether or not the petitioner was eligible to run for Mayor of
    Uyugan, Batanes.
    HELD: NEGATIVE. The Supreme Court affirmed the decision of the
    Commission on Elections (COMELEC) En Banc canceling the Certificate of
    Candidacy (COC) of petitioner Rogelio Batin Caballero.
    Upon the numerous claims of the petitioner, the court was not
    persuaded. It is true that the petitioner was a natural born Filipino who was
    born and raised in Uyugan, Batanes. Thus he had his domicile of origin in
    Uyugan, Batanes. Nevertheless, he later worked in Canada and became a
    Canadian citizen. It is settled ruled that naturalization in a foreign country
    may result in an abandonment of domicile in the Philippines. In the case at
    bar, the petitioner permanent resident status in Canada is required for the
    acquisition of Canadian citizenship. Therefore, he had in effect abandoned
    his domicile in the Philippines and transferred his domicile of choice in
    Canada. Furthermore, the court held that the frequent visits of the
    petitioner visits to Uyugan, Batanes during his vacation from work in
    Canada cannot be considered as waiver of such abandonment.
    More so, in this case, the records showed that petitioner failed to
    prove that he had been a resident of Uyugan, Batanes for at least one year
    immediately preceding the day of elections as required under Section 39 of
    the
    Local
    Government
    Code.
    The Citizenship Retention and Reacquisition Act of 2003 or RA No.
    9225 , declares that natural-born citizens of the Philippines, who have lost
    their Philippine citizenship by reason of their naturalization as citizens of a
    foreign country, can re-acquire or retain his Philippine citizenship under the
    conditions of the law.
    However, it does not mention any effect of such reacquisition or
    retention of Philippine citizenship on the current residence of the concerned
    natural-born Filipino. The petitioner's retention of his Philippine citizenship
    under RA No. 9225 did not automatically make him regain his residence in
    Uyugan, Batanes.

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