Romualdez vs RTC, 226 SCRA 408

Facts: Philip Romualdez, the petitioner, is a natural born citizen of the Philippines, the son of the former Governor of Leyte, Benjamin "Kokoy" Romualdez, and nephew of the then First Lady Imelda Marcos. Sometime in the early part of 1980, the petitioner, in consonance with his decision to establish his legal residence at Barangay Malbog, Tolosa, Leyte, caused the construction of his residential house therein. He soon thereafter also served as Barangay Captain of the place where he voted. After the people power, petitioner left the country and fled to America for asylum. When Romualdez arrived in the Philippines in December 1991, he did not delay his return to his residence at Malbog, Tolosa, Leyte. During the registration of voters conducted by the COMELEC on February 1, 1992 for the Synchronized National and Local Election scheduled for May 11, 1992, petitioner registered himself anew as a voter at Precinct No. 9 of Malbog, Tolosa, Leyte. On February 21, 1992, Donato Advincula, respondent, filed a petition with the MTC of Tolosa, Leyte, praying that Romualdez be excluded from the list of voters in Precinct No. 9 of Malbog, Tolosa, Leyte, under BP 881 and RA 7166 alleging that Romualdez was a resident of Massachusetts, U.S.A.; that his profession and occupation was in the U.S.A.; that he had just recently arrived in the Philippines; and that he did not have the required one-year residence in the Philippines and the six-month residence in Tolosa to qualify him to register as a voter in Barangay Malbog, Tolosa, Leyte. Romualdez contends that he has been a resident of Tolosa, Leyte, since the early 1980's, and that he has not abandoned his said residence by his physical absence therefrom during the period from 1986 up to the third week of December 1991. After due hearing, the Municipal Court of Tolosa, Leyte held in favor of the petitioner Advincula then appealed the case to the respondent court then it rendered the assailed decision that the petitioner is disqualified to register as a voter for the 1992 elections and hereby reverses the decision of the lower court in toto. Hence, this recourse.

Issue: Whether or not the respondent court erred in finding the petitioner to have voluntarily left the country and abandoned his residence in Malbog, Tolosa, Leyte.

Held: WHEREFORE PREMISES CONSIDERED, the court finds the respondent to be a resident of Brgy. Malbog, Tolosa, Leyte and qualified to register as a voter thereat. Hence, the instant petition for exclusion of Philip G. Romualdez from the list of voter of Precinct No. 9, Malbog, Tolosa, Leyte is hereby ordered DENIED and petition DISMISSED.