CAASI V.

COMELEC, 191 SCRA 229

FACTS:
Private respondent MERLITO MIGUEL was elected as municipal mayor of
Bolinao, Pangasinan during the local elections of January 18, 1988. His
disqualification, however, was sought by herein petitioner, MATEO CAASI, on the
ground that under SEC 68 of the OMNIBUS ELECTION CODE, private respondent
was not qualified because he is a green card holder, hence, a permanent resident of
the United States of America, not of Bolinao, Pangasinan.

ISSUES:
(1) Whether or not a green card is a proof that the holder is a permanent
resident of US.
(2) Whether respondent Miguel has waived his status as a permanent
resident of the USA prior to the local elections on January 18, 1988.

HELD:
The Supreme Court ruled that Miguel’s immigration to the US in 1984
constituted an abandonment of his domicile and residence in the Philippines. His
intention to live there permanently is evidenced by his possession of a GREEN
CARD, which is a conclusive proof that he is a permanent resident of the US despite
his occasional visits to the Philippines. There is no clear evidence that he made an
irrevocable waiver of that status nor he surrendered his green card to the
appropriate US authorities before he ran for Mayor of Bolinao in the local election
on January 18, 1988. The court concluded that he was disqualified to run for said
public office, hence, his election thereto is null and void.