Election Law Case Digest Matrix 1 – Stef Macapagal
intent to return to this country; thus,without the affidavit, the presumption of abandonment of Philippine domicile shall remain.The strategic location of Section 2indicates that the Constitutional Commission provided for anexception to the actual residencyrequirement of Section 1 with respect to qualified Filipinos abroad.
of choice.Ordinarily, an absentee is not aresident and vice versa; a personcannot be at the same time, both aresident and an absentee. However,under our election laws and thecountless pronouncements of theCourt pertaining to elections, anabsentee remains attached to hisresidence in the Philippines asresidence is considered synonymouswith domicile.Akbayan -Youth v. COMELECGR Nos. 147066 & 14717926 March 2001
Petitioners, representing the youthsector, seek to direct the COMELECto conduct a special registration before the 14 May 2001 GeneralElections of new voters ages 18 to21. According to them, around 4Myouth failed to register on or beforethe 27 December 2000 deadline set by COMELEC under RA 8189, or the “Voters’ Registration Act of 1996.”Sen. Raul Roco had previouslyrequested the COMELEC to hold a2-day special registration for theyouth, which the COMELECdeclined for lack of time toaccomplish all pre-election activities.Aggrived by the denial, the petitioners came to Court to compelCOMELEC to let them register andto invalidate RA 8189.W/N RA 8189 is unconstitutionalinsofar as it effectively causes thedisenfranchisement of those whowere not able to register. NO. The right of suffrage is not at allabsolute. The exercise of the right issubject to existing substantive and procedural requirements embodied inour Constitution, statute books, andother repositories of law. As to thesubstantive aspect, Section 1 of Article V of the Constitution provides for it. As to the procedurallimitation, the right of a citizen tovote is necessarily conditioned uponcertain procedural requirements hemust undergo: among others, the process of registration. Proceedingfrom the significance of registrationas a necessary requisite to the right tovote, the State undoubtedly, in theexercise of its inherent police power,may then enact laws to safeguard andregulate the act of voters’ registrationfor the ultimate purpose of conducting honest, orderly, and peaceful election.In a representative democracy suchas ours, the right of suffrage,although accorded a prime niche inthe hierarchy of rights embodied inthe fundamental law, ought to beexercised within the proper boundsand framework of the Constitutionand must properly yield to pertinentlaws skillfully enacted by theLegislature.The act of registration is anindispensable precondition to theright of suffrage. Registration cannotand should not be denigrated to thelowly stature of a mere statutoryrequirement.
Article VI – Legislative Department
Romualdez-Marcos v. COMELECGR No. 11997618 September 1995
Imelda Romualdez-Marcos filed her Certificate of Candidacy for the position of Representative of theFirst District of Leyte. In her residence information, she wrotedown “seven months.”When Cirilo Montejo, the incumbentrepresentative, challenged her W/N Marcos can be considered as aresident, for election purposes, of theFirst District of Leyte for a period of one year at the time of the elections.YES. It stands to reason that Marcosmerely committed an honest mistakein jotting the word “seven” in thespace provided for the residencyqualification requirement. The juxtaposition of entries in Item 7 andItem 8—the first requiring actualresidence and the second requiringdomicile—coupled with theIn election cases, the term“residence” has always beenconsidered as synonymous with“domicile” which imports not onlythe intention to reside in a fixed place but also personal presence in that place, coupled with conductindicative of such intention. Domiciledenotes a fixed permanent residence