Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
COMELEC
Facts: Private respondent Merito 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
Section 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.
Issues:
1. Whether or not a green card is proof that the holder is a permanent resident of
the United States.
2. Whether respondent Miguel had waived his status as a permanent resident of
or immigrant to the U.S.A. prior to the local elections on January 18, 1988.
Held: The Supreme Court held that Miguel’s application for immigrant status and
permanent residence in the U.S. and his possession of a green card attesting to
such status are conclusive proof that he is a permanent resident of the U.S. despite
his occasional visits to the Philippines. The waiver of such immigrant status should
be as indubitable as his application for it. Absent clear evidence that he made an
irrevocable waiver of that status or that he surrendered his green card to the
appropriate U.S. authorities before he ran for mayor of Bolinao in the local election
on January 18, 1988, the Court’s conclusion is that he was disqualified to run for
said public office, hence, his election thereto was null and void.