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vs.
COMMISSION ON ELECTIONS and CIRILO ROY MONTEJO
FACTS:
Imelda, a little over 8 years old, in or about 1938, established her domicile in
Tacloban, Leyte where she studied and graduated high school in the Holy Infant
Academy from 1938 to 1949. She then pursued her college degree, education,
in St. Paul’s College now Divine Word University also in Tacloban. Subsequently,
she taught in Leyte Chinese School still in Tacloban. She went to manila during
1952 to work with her cousin, the late speaker Daniel Romualdez in his office in
the House of Representatives. In 1954, she married late President Ferdinand
Marcos when he was still a Congressman of Ilocos Norte and was registered
there as a voter. When Pres. Marcos was elected as Senator in 1959, they lived
together in San Juan, Rizal where she registered as a voter. In 1965, when
Marcos won presidency, they lived in Malacanang Palace and registered as a
voter in San Miguel Manila. She served as member of the Batasang Pambansa
and Governor of Metro Manila during 1978.
ISSUE:
HELD:
Residence is used synonymously with domicile for election purposes. The court
are 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:
1. A minor follows domicile of her parents. Tacloban became Imelda’s domicile
of origin by operation of law when her father brought them to Leyte;
3. A wife does not automatically gain the husband’s domicile because the term
“residence” in Civil Law does not mean the same thing in Political Law. When
Imelda married late President Marcos in 1954, she kept her domicile of origin and
merely gained a new home and not domicilium necessarium.
4. Assuming that Imelda gained a new domicile after her marriage and acquired
right to choose a new one only after the death of Pres. Marcos, her actions upon
returning to the country clearly indicated that she chose Tacloban, her domicile
of origin, as her domicile of choice. To add, petitioner even obtained her
residence certificate in 1992 in Tacloban, Leyte while living in her brother’s house,
an act, which supports the domiciliary intention clearly manifested. She even
kept close ties by establishing residences in Tacloban, celebrating her birthdays
and other important milestones.