I. Coquilla v. COMELEC, G.R. No. 151914.

July 31, 2002

Petitioner: Teodulo M. Coquilla
Respondent(s): The Hon. Commission on Elections and
Neil M. Alvarez
Ponente: MENDOZA, J [En Banc]
II. FACTS
Coquilla was born and grew up Oras, Eastern Samar on 1938 of Filipino parents until 1965
where he was naturalized as a US citizen by joining the US Navy. In 1998 he took out a residence
certificate, although he continued making trips to the US.
Eventually, he applied for repatriation under R.A. No. 8171 which was approved Nov. 7,
2000, took oath on Nov. 10, 2000 as a citizen of the Philippines and was issued Certificate of
Repatriation No. 000737 on that same day.
On November 21, 2000, he applied for registration as a voter of Butunga, Oras, Eastern
Samar which was approved in 2001. On February 27, 2001, he filed his certificate of candidacy
stating that he had been a resident of Oras, Eastern Samar for 2 years.
However the incumbent mayor, Neil Alvarez who was running for reelection, sought the
cancellation of COquillas certificate of candidacy on the ground that he had made a material
misrepresentation in his certificate of candidacy by stating that he had been a resident of Oras for
two years when in truth he had resided therein for only about six months since he took oath on Nov.
10, 2000.
Before the COMELEC could render a decision, elections commenced and Coquilla was
proclaimed the winner. On July 19, 2001, COMELEC granted Alvarez petition and ordered the
cancellation of petitioners certificate of candidacy.
III. ISSUE
Whether or not petitioner had been a resident of Oras, Eastern Samar at least one (1) year
before the elections held on May 14, 2001 as he represented in his certificate of candidacy.
IV. RULING
NO. The Supreme Court said that the term residence in the qualifications for candidates is
to be understood not in its common acceptation as referring to dwelling or habitation, but rather to
domicile or legal residence where a party actually or constructively has his permanent home and no
matter where he/she may be found at any given time, eventually intends to return and remain.
In this case Coquilla lost his domicile of origin in Oras by becoming a U.S. citizen after
enlisting in the U.S. Navy in 1965. Moreover the court says that from then on and until November
10, 2000, when he reacquired Philippine citizenship petitioner was an alien without any right to
reside in the Philippines save as our immigration laws may have allowed him to stay as a visitor or
as a resident alien.
Thus the COMELEC did not erred in cancelling his certificate of candidacy for he made a
false representation of a material fact in his certificate of candidacy, thus rendering such certificate
liable to cancellation. Furthermore he cannot invoke Frivaldo v. COMELEC for the question there is
citizenship and not residency. The COMELECs cancellation of his candidacy was justified.
The petition for certiorari was DISMISSED and the order of the COMELEC was
AFFIRMED.