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  • Ugdoracion vs. COMELEC (Digest)

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    Tini Guanio
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    Mayor Jose Ugdoracion filed to run for mayor but his opponent Ephraim Tungol contested his candidacy claiming Ugdoracion committed material misrepresentation by declaring himself eligible despite being a permanent resident of the US. Records showed Ugdoracion became a US permanent resident in 2001. The COMELEC cancelled Ugdoracion's certificate of candidacy. On appeal, the COMELEC ruled against Ugdoracion, finding that acquiring permanent resident status in another country constitutes abandoning one's residence in the Philippines per the Local Government Code, disqualifying him as a candidate unless he waived his foreign resident status, which he did not validly do.

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    Mayor Jose Ugdoracion filed to run for mayor but his opponent Ephraim Tungol contested his candidacy claiming Ugdoracion committed material misrepresentation by declaring himself eligible despite being a permanent resident of the US. Records showed Ugdoracion became a US permanent resident in 2001. The COMELEC cancelled Ugdoracion's certificate of candidacy. On appeal, the COMELEC ruled against Ugdoracion, finding that acquiring permanent resident status in another country constitutes abandoning one's residence in the Philippines per the Local Government Code, disqualifying him as a candidate unless he waived his foreign resident status, which he did not validly do.

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    811 views1 page

    Ugdoracion vs. COMELEC (Digest)

    Uploaded by

    Tini Guanio
    Mayor Jose Ugdoracion filed to run for mayor but his opponent Ephraim Tungol contested his candidacy claiming Ugdoracion committed material misrepresentation by declaring himself eligible despite being a permanent resident of the US. Records showed Ugdoracion became a US permanent resident in 2001. The COMELEC cancelled Ugdoracion's certificate of candidacy. On appeal, the COMELEC ruled against Ugdoracion, finding that acquiring permanent resident status in another country constitutes abandoning one's residence in the Philippines per the Local Government Code, disqualifying him as a candidate unless he waived his foreign resident status, which he did not validly do.

    Copyright:

    © All Rights Reserved
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    of 1

    Mayor Jose UGDORACION vs.

    COMELEC & Ephraim TUNGOL


    GR No. 179851 April 18, 2008 Nachura

    SUBJECT:

    FACTS:
    Jose Ugdoracion (petitioner) & Ephraim Tungol (PR) were rival mayoralty candidates in
    the Mun of Albuquerque, Bohol.

    PR filed a petition to deny due or cancel the COC of petitioner contending that petitioner
    committed material misrepresentation in declaring his eligibility because he is actually a
    greencard holder or permanent resident of the US.

    It appears that petitioner became a permanent resident of USA on Sept. 26, 2001.
    However, petitioner stated in his COC that he had resided in Albuquerque for 41 years
    before May 14, 2007 & he is not a permanent resident or an immigrant to a foreign
    country.

    The COMELEC 1st Div. cancelleged petitioners COC. Petitioner filed an MR alleging that
    his status as a greencard holder was not of his own making but a mere offshoot of a
    petition filed by his sister.

    COMELEC En Banc denied the MR & affirmed the 1st Div.s ruling.

    ISSUE: WON petitioner committed material misrepresentation in his COC.

    HELD: Yes.
    It has been settled that a Filipinos acquisition of a permanent resident status abroad
    constitutes an abandonment of his domicile & residence in the PH. In short, the
    greencard holder state in the USA is a renunciation of ones status as a resident of the
    PH.

    The contention that petitioners permanent resident status in the US was acquired
    involuntarily does not persuade because a petitioned party is very much free to
    accept/reject the grant of such resident status.

    Under sec. 40 (f) of the LGC, a permanent resident of, or an immigrant to, a foreign
    country, disqualifies a candidate on elective position unless said person waives his
    status.

    The waiver of permanent resident status presented by petitioner, however, is a mere


    application for abandonment of his status as lawful permanent resident of the USA. It
    does not bear any not of approval by the concerned US official.

    Lastly, petitioners win in the election does not substitute for the specific requirements of
    law on a persons eligibility of for public office which petitioner lacked.

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