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Romualdez-Marcos v. COMELEC 1995
Romualdez-Marcos v. COMELEC 1995
COMELEC
Petitioner: Imelda Romualdez-Marcis
Respondent: Commission on Elections (COMELEC)
Private respondent: Cirilo Roy Montejo
Facts:
On March 23, 1995, Montejo, incumbent of and candidate for the position of
Representative of the First District of Leyte, filed a petition for cancellation and disqualification
of Marcos for the same position with the COMELEC alleging that Marcos did not meet the
residency requirement. The petitioner, in an honest misrepresentation, wrote seven months
under residency, which he sought to rectify by adding the words “since childhood” in her
Amended/Corrected COC filed on March 29, 1995 and that “she has always maintained
Tacloban City as her domicile or residence.
Issue:
Held:
Yes. It is the fact of residence, not a statement in a COC which ought to be decisive in
determining whether or not an individual has satisfied the constitutional requirement on
residency.
Residence is used synonymously with domicile for election purposes. The court is in
favor of a conclusion supporting petitioner’s claim of legal residence or domicile in the First
District of Leyte despite her own declaration of 7 months residency in the district for the
following reasons:
Court ruled in favor of the petitioner that she possessed the necessary residence
qualifications to run for a seat in the House of Representatives in the First District of
Leyte.