Jalosjos v COMELEC

FACTS:
1. He was born in Quezon City but left for Autralia when he was eight years old. He
then acquired Australian citizenship.
2. At the age 35, he left Autralia, renounced his Australian citizenship and pledge
allegiance to the Philippines, making him acquire a Certificate of Reacquisition of
Philippine Citizenship, in compliance with RA 9225.
3. He acquired residential property in Zamboanga and was living with his brother. He
applied to vote but was opposed by the Barangay Captain Erasmo. COMELEC still
included Jalosjos name on the voter list.
4. Erasmo filed to Municipal Curcuit Trial Court to ecslude Jalosjos in the voters list.
5. MCTC: Denied the petition.
6. RTC: Affirmed MCTC
7. Jalosjos filed his Certificate of Candidacy for governor of Zamboanga. Erasmo
opposed and filed to cancel COC on the ground of mirepresentation as hefailed to
comply with one of requirements of RA 9225 and one-year residency requirement by
the Local Government Code
8. Second Division of COMELEC: Jalosjos failed to prove the complince of residency
requirement. He failed to prove ample evidence of his intention.

9.

COMELEC: He was just a guest in his brothers house hence cannot claim
domicile.
10. Jalosjos won the election and was proclaimed winner
ISSUE:
1. Whether or not Jalosjos was a citizen of the Philippinez
COURT:
1. YES. Jalosjos was a citizen of the Philippines. The COMELEC erred in finding that
he was not a domicile of Zamboanga. When he came back to the Philippines, he has
intention to change domicile for good when he renounced Australian citizenship and
reacquired Philippine citizenship.
2. It is not required for open to have a house before it is considered as domicile. The
only requisite is that he has actual physical presence and intended to stay there for
good.