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    Romualdez v. RTC

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    Normita Sechico
    Philip Romualdez registered to vote in 1992 elections in Malbog, Leyte after returning from the US in 1991. Donato Advincula challenged his registration, arguing Romualdez did not meet the residency requirements. The MTC denied the petition but the RTC reversed. The Supreme Court ruled Romualdez's departure from the Philippines in 1986 after the EDSA revolution could not be considered voluntary abandonment of his Malbog residence, as he did not intend to establish permanent residence elsewhere. As his absence was not voluntary, Romualdez did not lose his Philippine domicile, and was eligible to register in Malbog.

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    Romualdez v. RTC

    Uploaded by

    Normita Sechico
    135 views2 pages
    Philip Romualdez registered to vote in 1992 elections in Malbog, Leyte after returning from the US in 1991. Donato Advincula challenged his registration, arguing Romualdez did not meet the residency requirements. The MTC denied the petition but the RTC reversed. The Supreme Court ruled Romualdez's departure from the Philippines in 1986 after the EDSA revolution could not be considered voluntary abandonment of his Malbog residence, as he did not intend to establish permanent residence elsewhere. As his absence was not voluntary, Romualdez did not lose his Philippine domicile, and was eligible to register in Malbog.

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    Case in Election Law

    Original Title

    24. Romualdez v. RTC

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    Philip Romualdez registered to vote in 1992 elections in Malbog, Leyte after returning from the US in 1991. Donato Advincula challenged his registration, arguing Romualdez did not meet the residency requirements. The MTC denied the petition but the RTC reversed. The Supreme Court ruled Romualdez's departure from the Philippines in 1986 after the EDSA revolution could not be considered voluntary abandonment of his Malbog residence, as he did not intend to establish permanent residence elsewhere. As his absence was not voluntary, Romualdez did not lose his Philippine domicile, and was eligible to register in Malbog.

    Copyright:

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

    Romualdez v. RTC

    Uploaded by

    Normita Sechico
    Philip Romualdez registered to vote in 1992 elections in Malbog, Leyte after returning from the US in 1991. Donato Advincula challenged his registration, arguing Romualdez did not meet the residency requirements. The MTC denied the petition but the RTC reversed. The Supreme Court ruled Romualdez's departure from the Philippines in 1986 after the EDSA revolution could not be considered voluntary abandonment of his Malbog residence, as he did not intend to establish permanent residence elsewhere. As his absence was not voluntary, Romualdez did not lose his Philippine domicile, and was eligible to register in Malbog.

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    ELECTION LAW

    CASE NO. 24

    Romualdez v. RTC
    G.R. NO. 104960
    September 14, 1993

    FACTS:

    ● Philip Romualdez is the nephew of Imelda Marcos.

    ● In 1980, he established his legal residence at Barangay Malbog, Tolosa, Leyte.

    ● When the EDSA People’s Power Revolution of 1986 came, he left the Philippines
    and sought "asylum" in the United States.

    ● He received a letter from the U.S. Immigration and Naturalization Service


    informing him that he should depart from the U.S. at his expense.

    ● When he arrived in the Philippines on December 1991, he registered himself


    anew as a voter at Precinct No. 9 of Malbog, Tolosa, Leyte for the May 1992
    elections.

    ● Donato Advincula filed a petition with the MTC praying that Romualdez be
    excluded from the list of voters alleging that he did not have the required
    one-year residence in the Philippines and the six-month residence in Tolosa to
    qualify him to register as a voter in Barangay Malbog, Tolosa, Leyte.

    ● The MTC denied the petition.

    ● The RTC reversed the decision of the MTC.

    ISSUE:

    ● Whether or not Romualdez voluntarily left the country and abandoned his
    residence in Malbog, Tolosa, Leyte.
    RULING:

    ● No. His sudden departure from the country 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 Court is not convinced that Romualdez abandoned his residence in the
    Philippines and established his domicile elsewhere.

    ● The term ​"residence" as used in the election law is synonymous with ​"domicile"​,
    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.

    ● "Domicile" denotes a fixed permanent residence to which when absent for


    business or pleasure, or for like reasons, one intends to return.

    ● Residence may be lost by adopting another choice of domicile.

    ● In order to acquire a new domicile by choice, there 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.

    ● In other words, there must basically be animus manendi coupled with animus
    non revertendi.

    ● The purpose to remain in or at the domicile of choice:


    (1) must be for an indefinite period of time;
    (2) the change of residence must be voluntary; and
    (3) the residence at the place chosen for the new domicile must be actual.

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