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Facts: Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for the position of Representative of the First District

of Leyte. Private respondent Cirilo Roy Montejo a candidate for the same position filed a petition for cancellation and dis!ualification "ith the C#M$L$C alle%in% that petitioner did not meet the constitutional re!uirement for residency. Private respondent contended that petitioner lac&ed the Constitution's one-year residency re!uirement for candidates for the (ouse of Representatives. Issue: )hether or not petitioner has satisfied the residency re!uirement as mandated *y +rt. ,I -ec. . of the Constitution Held: For election purposes residence is used synonymously "ith domicile. /he Court upheld the !ualification of petitioner despite her o"n declaration in her certificate of candidacy that she had resided in the district for only 0 months *ecause of the follo"in%1 2a3 a minor follo"s the domicile of her parents4 /aclo*an *ecame petitioner5s domicile of ori%in *y operation of la" "hen her father *rou%ht the family to Leyte4 2*3 domicile of ori%in is lost only "hen there is actual removal or chan%e of domicile a *ona fide intention of a*andonin% the former residence and esta*lishin% a ne" one and acts "hich correspond "ith the purpose4 in the a*sence of clear and positive proof of the concurrence of all these the domicile of ori%in should *e deemed to continue4 2c3 the "ife does not automatically %ain the hus*and5s domicile *ecause the term 6residence7 in Civil La" does not mean the same thin% in Political La"4 "hen petitioner married President Marcos in 89:; she &ept her domicile of ori%in and merely %ained a ne" home not a domicilium necessarium4 2d3 even assumin% that she %ained a ne" domicile after her marria%e and ac!uired the ri%ht to choose a ne" one only after her hus*and died her acts follo"in% her return to the country clearly indicate that she chose /aclo*an her domicile of ori%in as her domicile of choice. FACTS: Imelda a little over < years old in or a*out 89=< esta*lished her domicile in /aclo*an Leyte "here she studied and %raduated hi%h school in the (oly Infant +cademy from 89=< to 89;9. -he then pursued her colle%e de%ree education in -t. Paul5s Colle%e no" Divine )ord >niversity also in /aclo*an. -u*se!uently she tau%ht in Leyte Chinese -chool still in /aclo*an. -he "ent to manila durin% 89:? to "or& "ith her cousin the late spea&er Daniel Romualdez in his office in the (ouse of Representatives. In 89:; she married late President Ferdinand Marcos "hen he "as still a Con%ressman of Ilocos @orte and "as re%istered there as a voter. )hen Pres. Marcos "as elected as -enator in 89:9 they lived to%ether in -an Auan Rizal "here she re%istered as a voter. In 89.: "hen Marcos "on presidency they lived in Malacanan% Palace and re%istered as a voter in -an Mi%uel Manila. -he served as mem*er of the Batasan% Pam*ansa and Covernor of Metro Manila durin% 890<. Imelda Romualdez-Marcos "as runnin% for the position of Representative of the First District of Leyte for the 899: $lections. Cirilo Roy Montejo the incum*ent Representative of the First District of Leyte and also a candidate for the same position filed a 6Petition for Cancellation and Dis!ualificationD "ith the Commission on $lections alle%in% that petitioner did not meet the constitutional re!uirement for residency. /he petitioner in an honest misrepresentation "rote seven months under residency "hich she sou%ht to rectify *y addin% the "ords Dsince childhoodD in her +mendedECorrected Certificate of Candidacy filed on March ?9 899: and that Dshe has al"ays maintained /aclo*an City as her domicile or residence. -he arrived at the seven months residency due to the fact that she *ecame a resident of the Municipality of /olosa in said months. ISSUE: )hether petitioner has satisfied the 8year residency re!uirement to *e eli%i*le in runnin% as representative of the First District of Leyte. HELD: Residence is used synonymously "ith domicile for election purposes. /he court are in favor of a conclusion supportin% petitoner5s claim of le%al residence or domicile in the First District of Leyte despite her o"n declaration of 0 months residency in the district for the follo"in% reasons1 8. + minor follo"s domicile of her parents. /aclo*an *ecame Imelda5s domicile of ori%in *y operation of la" "hen her father *rou%ht them to Leyte4 ?. Domicile of ori%in is only lost "hen there is actual removal or chan%e of domicile a *ona fide intention of a*andonin% the former residence and esta*lishin% a ne" one and acts "hich correspond "ith the purpose. In the a*sence and concurrence of all these domicile of ori%in should *e deemed to continue. =. + "ife does not automatically %ain the hus*and5s domicile *ecause the term 6residence7 in Civil La" does not mean the same thin% in Political La". )hen Imelda married late President Marcos in 89:; she &ept her domicile of ori%in and merely %ained a ne" home and not domicilium necessarium. ;. +ssumin% that Imelda %ained a ne" domicile after her marria%e and ac!uired ri%ht to choose a ne" one only after the death of Pres. Marcos her actions upon returnin% to the country clearly indicated that she chose /aclo*an her domicile of ori%in as her domicile of choice. /o add petitioner even o*tained her residence certificate in 899? in /aclo*an Leyte "hile livin% in her *rother5s house an act "hich supports the domiciliary intention clearly manifested. -he even &ept close ties *y esta*lishin% residences in /aclo*an cele*ratin% her *irthdays and other important milestones.

)($R$F#R$ havin% determined that petitioner possesses the necessary residence !ualifications to run for a seat in the (ouse of Representatives in the First District of Leyte the C#M$L$C's !uestioned Resolutions dated +pril ?; May 0 May 88 and May ?: 899: are here*y -$/ +-ID$. Respondent C#M$L$C is here*y directed to order the Provincial Board of Canvassers to proclaim petitioner as the duly elected Representative of the First District of Leyte.

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