Caasi v.

CA, 191 SCRA 317

Caasi v. CA
GR No. 88831, 84508
November 8, 1990
Grino-Aquino, J.
Doctrine: To be qualified to run for elective office in the Philippines, the law
requires that the candidate who is a green card holder must have waived his status
as a permanent resident or immigrant of a foreign country.
Nature: Petition for review of the decision of the CA and Petition for certiorari to
review the decision of the Commission on Election
Facts:

Merito Miguel was elected as municipal mayor of Bolinao, Pangasinan in the

local elections of 1988.
Petitions were filed for his disqualification under Sec 68 of the Omnibus
Election Code, on the ground that he is a green card holder, hence, a
permanent resident of the US, not of Bolinao
o One of the petitioners is Mateo Caasi, his rival candidate for the
position of mayor
Miguel admitted that he holds a green card issued to him by the US
Immigration Service, but he denied that he is a permanent resident of the US
o He allegedly obtained the green card for convenience in order that he
may freely enter the US for his periodic medical examination and to
visit his children there.
o He alleged that he is a permanent resident of Bolinao, Pangasinan that
he voted in all previous elections.
COMELEC dismissed the petitions, except for Commissioner Anacleto Badoy,
Jr.
o According to COMELEC, the possession of a green card by Miguel does
not sufficiently establish that he had abandoned his residence in the
Philippines
o COMELEC said that as the respondent meets the basic requirements of
citizenship and residence for candidates to elective local officials under
Sec 42 of Local Govt. Code, there is no legal obstacle to his candidacy
for mayor.
o In the dissenting opinion of Commissioner Badoy, he opined that a
green card holder, being a permanent resident of or an immigrant of a
foreign country, under Sec. 68 of the Omnibus Election Code, has to
prove that he has waived his status as a permanent resident or
immigrant to be qualified to run for election office.

Issue:
Yes.

Is green card a proof that the holder is a permanent resident of the US?

Did Miguel waive his status as permanent resident or immigrant to US prior to

the local elections? No.
Is he disqualified to become a candidate of municipal mayor? Yes.
Ruling:

Miguels immigration to the US in 1984 constituted an abandonment of his

domicile and residence in the Philippines
o The intention to live there permanently is evidenced by his application
for an immigrants visa.
o Immigration removing into one place from another/entering into a
country with the intention of residing in it.
o Immigrant person who removes into a country for the purpose of
permanent residence
As a resident alien in the US, Miguel owes temporary and local allegiance to
the US, in return for the protection given to him during the period of his
residence.
Sec 18, Art XI of the 1987 Constitution is not applicable to Miguel
o Any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure
shall be dealt with by law
o not applicable to Miguel for he acquired the status of an immigrant of
US before he was elected to public office, not during his tenure as
mayor
Sec 68 of the Omnibus Election Code is the applicable law to him
o Any person who is a permanent resident of or an immigrant to a
foreign country shall not be qualified to run for any elective office
under this Code, unless such person has waived his status as
permanent resident or immigrant of a foreign country in accordance
with the residence requirement provided for in the election laws
o Residence in the municipality where he intends to run for elective
office for at least 1 year at the time of filing his certificate of candidacy
is one of the qualifications that a candidate for elective public office
must possess.
He resided in Bolinao for only 3 months after his return to the
Phils and before he ran for mayor
Clear policy of excluding from the right to hold elective public
office those Philippine citizens who possess dual loyalties and
allegiance, as such are incapable of the entire devotion to the
interest and welfare of their homeland
To be qualified to run for elective office in the Philippines, the law requires
that the candidate who is a green card holder must have waived his status
as a permanent resident or immigrant of a foreign country.
o His act of filing a certificate of candidacy for elective office in the
Philippines did not of itself constitute a waiver of his status as a
permanent resident or immigrant of US
o The waiver of green card should be manifested by some act or acts
independent of and done prior to filing his candidacy for elective office

Without such prior waiver, he was disqualified to run for any elective
office
Miguels application for immigrant status and permanent residence in the US
and his possession of a green card attesting to such status are conclusive
proof that he is a permanent resident of US despite his occasional visits to
the Philippines
o Miguel filled up his application for Immigrant Visa in his own
handwriting, answering Permanently on the question of his length of
intended stay.
o On its face, the green card identifies Miguel in clear bold letters as a
Resident Alien
SC annulled the election of Miguel as municipal mayor.
o