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Jalosjos v. COMELEC GR No. 191970, April 24, 2012
Jalosjos v. COMELEC GR No. 191970, April 24, 2012
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* EN BANC.
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ABAD, J.:
This case is about the proof required to establish the
domicile of a reinstated Filipino citizen who seeks election as
governor of a province.
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1 Rollo, p. 110.
2 Id., at p. 112.
3 An Act making the Citizenship of the Philippines who acquire Foreign
Citizenship permanent, amending for the purpose Commonwealth Act 63, as
amended and for other purposes.
4 Rollo, p. 111.
5 Docketed as Election Case 589.
6 Docketed as RTC Election Case 0007-2K9.
7 Docketed as SPA 09-115 (DC).
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8 Rollo, p. 445.
9 Republic Act 7160, Section 39.
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10 Domicile is classified into: (a) domicile of origin, which is acquired by
every person at birth; (b) domicile of choice, which is acquired upon
abandonment of the domicile of origin; and (c) domicile by operation of law,
which attributes to a person independently of his residence or intention (See
Ugdoracion, Jr. v. Commission on Elections, G.R. No. 179851, April 18, 2008,
552 SCRA 231, 240-241).
11 Limbona v. Commission on Elections, G.R. No. 181097, June 25, 2008,
555 SCRA 391, 401.
12 Id., at p. 402.
13 Pundaodaya v. Commission on Elections, G.R. No. 179313, September
17, 2009, 600 SCRA 178, 184-185.
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14 See Caasi v. Court of Appeals, G.R. Nos. 88831 and 84508, November
8, 1990, 191 SCRA 229, 235.
15 Co v. Electoral Tribunal of the House of Representatives, G.R. Nos.
92191-92 and 92202-03, July 30, 1991, 199 SCRA 692, 715, citing De los
Reyes v. Solidum, 61 Phil. 893, 899 (1935).
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16 Mitra v. Commission on Elections, G.R. No. 191938, July 2, 2010, 622
SCRA 744, 767.
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