Ugdoracion, Jr. vs. Commission on Elections

A candidate's acquisition of permanent resident status or "green card" in the United States constitutes abandonment and renunciation of Philippine domicile and residence; a false certificate-of-candidacy declaration that he is not a permanent resident or immigrant, and that he meets the residency requirement, is a material misrepresentation warranting cancellation under Sections 74 and 78 of the Omnibus Election Code.

Jose Ugdoracion, Jr. and Ephraim M. Tungol were rival mayoralty candidates in the Municipality of Albuquerque, Province of Bohol for the May 14, 2007 elections. Both filed certificates of candidacy. The Omnibus Election Code requires a candidate's COC to state, among other matters, that he is eligible, his residence, and that he is not a permanent resident or immigrant to a foreign country; a false representation of a material fact is a ground for cancellation. Related provisions disqualify a permanent resident of or immigrant to a foreign country from running for elective office unless the status is waived in accordance with the residence requirement.

Jose Ugdoracion, Jr. and Ephraim M. Tungol were rival mayoralty candidates in the Municipality of Albuquerque, Province of Bohol for the May 14, 2007 elections. Both filed their respective Certificates of Candidacy. In Ugdoracion's COC, he stated that he had resided in Albuquerque, Bohol, Philippines for forty-one years before May 14, 2007 and that he is not a permanent resident or an immigrant to a foreign country.

On April 11, 2007, Tungol filed a Petition to Deny Due Course or Cancel the Certificate of Candidacy of Jose Ugdoracion, Jr., contending that Ugdoracion's declaration of eligibility for Mayor constituted material misrepresentation because Ugdoracion was actually a "green card" holder or a permanent resident of the United States of America. It appears that Ugdoracion became a permanent resident of the USA on September 26, 2001, and the United States Immigration and Naturalization Services issued him Alien Number 047-894-254.

For his part, Ugdoracion argued that domicile is equivalent to residence in Philippine jurisdiction and that he retained his domicile of origin in Albuquerque, Bohol notwithstanding his acquisition of permanent residency in the USA. He pointed to a residence certificate dated May 5, 2006, an application for a new voter's registration dated October 12, 2006, and a photocopy of an Abandonment of Lawful Permanent Resident Status dated October 18, 2006 as proof of substantial compliance with the residency requirement.

On May 8, 2007, the COMELEC First Division canceled Ugdoracion's COC and removed his name from the certified list of candidates for Mayor of Albuquerque, Bohol. On May 11, 2007, Ugdoracion filed a motion for reconsideration, arguing that his status as a "green card" holder was not of his own making but a mere offshoot of a petition filed by his sister. He admitted intermittent travels to the USA to visit his siblings and a short working stint there to cover his subsistence for the duration of his stay.

Ugdoracion presented the following facts to support his claim of retained residence: he was born in Albuquerque, Bohol on October 15, 1940 and is a natural-born Filipino citizen; he was baptized in the Catholic Church of Sta. Monica Paris in Albuquerque on February 2, 1941; he was raised and grew up in the municipality; he raised his own family and established a family home there; he served his community for twelve years and had been former Mayor for three terms; from 1986 to 1988 he was appointed Officer-in-Charge; he ran for the same position in 1988 and won; he continued as Mayor until his last term in 1998; after his term he served as Councilor; he built his house where his ancestral home was situated; he acquired several real properties in the same place; he never lost contact with the people of his town; and he secured a residence certificate on May 5, 2006 at Western Poblacion, Albuquerque, Bohol and paid real property taxes.

The COMELEC En Banc denied Ugdoracion's motion for reconsideration and affirmed the First Division's finding of material misrepresentation in his COC. On the waiver issue, the COMELEC found that the document entitled Abandonment of Lawful Permanent Resident Status dated October 18, 2006 was a mere application for abandonment, bore no approval by the concerned US official, and was a mere photocopy, unauthenticated and uncertified by the legal custodian. Even assuming approval, the COMELEC found that Ugdoracion applied for abandonment only on October 18, 2006, or about seven months before the May 14, 2007 elections, falling short of the one-year residency requirement. Ugdoracion appears to have won the election as Mayor of Albuquerque, Bohol.

• Involuntary Permanent Resident Status: Petitioner argued that his acquisition of permanent resident status in the USA was not of his own making but a mere offshoot of a petition filed by his sister, and that it did not result in the loss of his domicile of origin.
• Domicile and Residence: Petitioner maintained that domicile is equivalent to residence in Philippine jurisdiction and that he retained his domicile of origin in Albuquerque, Bohol notwithstanding his ostensible acquisition of permanent residency in the USA.
• Substantial Compliance: Petitioner pointed to a residence certificate dated May 5, 2006, an application for a new voter's registration dated October 12, 2006, and a photocopy of an Abandonment of Lawful Permanent Resident Status dated October 18, 2006 as proof of substantial compliance with the residency requirement.
• No Material Misrepresentation: Petitioner claimed that he did not misrepresent his eligibility; he merely stated in his COC that he is a resident of the Philippines and in possession of all qualifications and none of the disqualifications, believing in the truth of his circumstances.
• Grave Abuse of Discretion: Petitioner imputed grave abuse of discretion to the COMELEC in canceling his COC.

• Material Misrepresentation in COC: Whether the COMELEC committed grave abuse of discretion in canceling Ugdoracion's COC for material misrepresentation, specifically whether his representations that he complied with the residency requirement and that he does not have "green card" holder status were false.

• Material Misrepresentation in COC: No. The COMELEC did not commit grave abuse of discretion; the false representations on residency and non-permanent-resident status were material under Sections 74 and 78 of the Omnibus Election Code, and his green card status abandoned his Philippine domicile.

• Material Misrepresentation in COC: Sections 74 and 78 of the Omnibus Election Code require the facts stated in a certificate of candidacy to be true and authorize cancellation for a false representation of a material fact. A material fact refers to a candidate's qualification for elective office, such as citizenship and residence, and the false representation must be a deliberate attempt to mislead, misinform, or hide a fact that would render the candidate ineligible, made with intent to deceive the electorate. Residence in election law is synonymous with domicile, which is the place where one actually or constructively has a permanent home and to which he intends to return and remain; it consists of intention and personal presence coupled with conduct indicative of that intention. Domicile may be of origin, of choice, or by operation of law, and the basic rules are that a person must have a domicile somewhere, that an established domicile remains until a new one is validly acquired, and that a person can have only one domicile at a time. The domicile of origin is not easily lost; it is lost only by actual removal or change of domicile, a bona fide intention to abandon the former residence and establish a new one, and acts corresponding to that purpose. Under Caasi vs. Court of Appeals, a Filipino citizen's acquisition of permanent resident status abroad constitutes abandonment of his domicile and residence in the Philippines, and "green card" status is a renunciation of resident status. Ugdoracion became a lawful permanent resident of the USA on September 26, 2001, which amounted to abandonment and renunciation of his Philippine residency and a change from his domicile of origin in Albuquerque, Bohol, to a domicile of choice in the USA. His claim that the status was involuntary did not persuade because a petitioned party is free to accept or reject the grant, permanent residency is not conferred upon the unwilling, and it is not bestowed by operation of law like citizenship. Sections 68 of the Omnibus Election Code and 40(f) of the Local Government Code disqualify a permanent resident of or immigrant to a foreign country unless the status is waived. The COMELEC correctly found the waiver ineffective: the Abandonment of Lawful Permanent Resident Status dated October 18, 2006 was a mere application without approval and an unauthenticated photocopy, and even if approved, Ugdoracion failed the one-year residency requirement because he applied only about seven months before the May 14, 2007 elections. Although disqualification does not necessarily equal material misrepresentation, Ugdoracion's COC explicitly stated forty-one years of residence in Albuquerque and Section 74 required a statement that he was not a permanent resident or immigrant; even if he believed he remained a resident, he hid his immigration and green card status. Winning the election did not substitute for eligibility requirements or cure the material misrepresentation. No grave abuse of discretion was therefore shown.

• Material Misrepresentation in Certificate of Candidacy — Under Sections 74 and 78 of the Omnibus Election Code, the facts stated in a COC must be true, and a false representation of a material fact is a ground for cancellation. A material fact refers to a candidate's qualification for elective office, such as citizenship and residence. The false representation must be a deliberate attempt to mislead, misinform, or hide a fact that would render the candidate ineligible, made with intent to deceive the electorate. The Court applied this doctrine because Ugdoracion's statements on residency and non-permanent-resident status were false and material.
• Residence as Domicile in Election Law — Residence in election law is synonymous with domicile. Domicile is the place where one actually or constructively has his permanent home, where he intends to return and remain; it consists of intention and personal presence coupled with conduct indicative of that intention. It is classified into domicile of origin, domicile of choice, and domicile by operation of law. The basic rules are: a person must have a domicile somewhere; an established domicile remains until a new one is validly acquired; and a person can have only one domicile at a time. The domicile of origin is not easily lost; it is lost only by actual removal or change of domicile, a bona fide intention to abandon the former residence and establish a new one, and acts corresponding to that purpose. The Court applied this doctrine in holding that Ugdoracion's acquisition of permanent resident status changed his domicile from Albuquerque, Bohol to the USA.
• Green Card / Permanent Resident Status as Abandonment of Philippine Domicile — A Filipino citizen's acquisition of permanent resident status abroad constitutes abandonment of his domicile and residence in the Philippines; green card status is a renunciation of one's status as a resident of the Philippines. The Court applied this doctrine because Ugdoracion became a permanent resident of the USA on September 26, 2001, making his COC claim of forty-one years of residence and non-immigrant status false.
• Waiver of Permanent Resident Status and One-Year Residency Requirement — To reacquire residency in the Philippines, there must be a waiver of green card status manifested by acts independent of and prior to the filing of the certificate of candidacy. A mere application for abandonment without approval, and an unauthenticated photocopy, is insufficient. Even if approved, the candidate must still meet the one-year residency requirement. The Court applied this doctrine because Ugdoracion's application was dated October 18, 2006, about seven months before the May 14, 2007 elections.
• Election Victory Does Not Cure Ineligibility or Misrepresentation — Winning the election does not substitute for the specific requirements of law on a person's eligibility for public office and does not cure a material misrepresentation that is a valid ground for cancellation of the COC. The Court applied this doctrine notwithstanding Ugdoracion's apparent election as Mayor of Albuquerque, Bohol.

• "We find no grave abuse of discretion in the COMELEC's cancellation of Ugdoracion's COC for material misrepresentation. Accordingly, the petition must fail." — States the core holding and the standard of review applied to the COMELEC's action.
• "We ruled in Caasi v. Court of Appeals that a Filipino citizen's acquisition of a permanent resident status abroad constitutes an abandonment of his domicile and residence in the Philippines. In short, the "green card" status in the USA is a renunciation of one's status as a resident of the Philippines." — States the controlling doctrine on permanent resident status and domicile.
• "Permanent residency in the USA is not conferred upon the unwilling; unlike citizenship, it is not bestowed by operation of law." — Rejects the argument that Ugdoracion's permanent resident status was involuntary.
• "Sadly, winning the election does not substitute for the specific requirements of law on a person's eligibility for public office which he lacked, and does not cure his material misrepresentation which is a valid ground for the cancellation of his COC." — Explains that electoral victory does not cure the COC defect.

• Caasi vs. Court of Appeals, G.R. Nos. 88831 and 84508, November 8, 1990, 191 SCRA 229 — Controlling precedent; held that acquisition of permanent resident status abroad abandons domicile and residence in the Philippines and that green card status renounces resident status.
• Salcedo II vs. COMELEC, G.R. No. 135886, August 16, 1999, 312 SCRA 447 — Followed; material misrepresentation under Section 78 refers to qualifications for elective office and must be a deliberate attempt to mislead, misinform, or hide a fact rendering the candidate ineligible.
• Lluz vs. COMELEC, G.R. No. 172840, June 7, 2007, 523 SCRA 456 — Reiterated the material-misrepresentation doctrine applied in Salcedo II.
• Gayo vs. Verceles, G.R. No. 150477, February 28, 2005, 452 SCRA 504 — Cited to support the rule that green card status is a renunciation of resident status.
• Coquilla vs. COMELEC, G.R. No. 151914, July 31, 2002, 385 SCRA 607 — Cited for the definition of domicile as permanent home with animus revertendi and animus manendi.
• Domino vs. COMELEC, G.R. No. 134015, July 19, 1999, 310 SCRA 546 — Cited for the three basic rules on domicile.
• Romualdez-Marcos vs. COMELEC, G.R. No. 119976, September 18, 1995, 248 SCRA 300 — Cited for the rule that domicile of origin is not easily lost and is lost only by actual removal, bona fide intention to abandon, and corresponding acts.
• Mercado vs. Manzano, G.R. No. 135083, May 26, 1999, 307 SCRA 630 — Cited for the proposition that permanent residency is not conferred upon the unwilling and is not bestowed by operation of law like citizenship.

• Section 74, Omnibus Election Code — Requires the COC to state that the candidate is eligible, his residence, and that he is not a permanent resident or immigrant to a foreign country, and that the facts stated are true to the best of his knowledge. Applied because Ugdoracion's COC contained false statements on residency and permanent resident status.
• Section 78, Omnibus Election Code — Authorizes a verified petition to deny due course to or cancel a COC exclusively on the ground that a material representation required by Section 74 is false; the petition must be filed not later than twenty-five days from the COC filing and decided not later than fifteen days before the election. Applied as the basis for canceling Ugdoracion's COC.
• Section 68, Omnibus Election Code — Disqualifies any person who is a permanent resident of or an immigrant to a foreign country from running for elective office unless he has waived that status in accordance with the residence requirement in the election laws. Applied because Ugdoracion remained a permanent resident and his waiver was ineffective.
• Section 40(f), Local Government Code — Disqualifies permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of that right after the effectivity of the Code. Applied to support Ugdoracion's disqualification.
• Article IX-A, Section 7, 1987 Constitution — Cited as the constitutional basis for the petition for certiorari and prohibition against the COMELEC.
• Rule 64, Rules of Court — The procedural vehicle for the petition for certiorari and prohibition challenging the COMELEC resolutions.

The decision lists the following under "WE CONCUR": Chief Justice Reynato S. Puno; Associate Justices Leonardo A. Quisumbing, Consuelo Ynares-Santiago, Antonio T. Carpio, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio Morales, Adolfo S. Azcuna, Dante O. Tinga, Minita V. Chico-Nazario, Presbitero J. Velasco, Jr., Ruben T. Reyes, Teresita J. Leonardo-De Castro, and Arturo D. Brion. A footnote states "On official leave."