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Domino vs. Comelec Digest-2 Uploaded by Cherlyn Mae Uy
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the unction o the election ?eistration >oard as provided under %ection 12 o 010/.
)he only e@ect o the decision o the lower court e7cludin the challened voter r o voters$ is or the ,lection ?eistration >oard$upon receipt o the fnal decision$ the voter9s reistration record rom the correspondin book o voters$ enter th e7clusion therein$ and thereater place the record in the inactive fle. 2. &e hold in the neative.
?ecords show that petitioner9s domicile o oriin was Candon$ Ilocos %ur and that sometime in 1//1$ he ac3uired a new domicile o choice at 2; >o 5yala Heihts$ Old >alara$ *ue+on City$ as shown by his certifcate o candida position o representative o the Ard District o *ue+on City in the (ay 1// !etitioner is now claimin that he had e@ectively abandoned his residence in * and has established a new domicile o choice at the !rovince o %aranani.
5 person9s domicile once established is considered to continue and will not be until a new one is established. )o successully e@ect a chane o domici demonstrate an actual removal or an actual chane o domicile a bona fde abandonin the ormer place o residence and establishin a new one and de which correspond with the purpose. In other words$ there must basically be animusmanendi coupled with revertendi. )he purpose to remain in or at the domicile o choice must be or an period o time the chane o residence must be voluntary and the residence a chosen or the new domicile must be actual.
)he lease contract entered into sometime in :anuary 1//4$ does not ade3uately chane o domicile. )he lease contract may be indicative o DO(I8O9s intention t You're Reading a Preview %aranani but it does not enender the kind o permanency re3uired to prove aba Unlock full access with free trial. o one9s oriinal domicile. )he mere absence oa individual rom his permanent res matter how lon$ without the intention to abandon it does not result in loss or chan domicile. !" )hus the date o the contractWith o lease o a house and lot located in th Download Free Trial o %aranani$ i.e.$ 1B :anuary 1//4$ cannot be used$ in the absence o other circu as the reckonin period o the one=year residence re3uirement. urther$ Domino9s lack o intention to abandon his residence in *ue+on Cit strenthened by his act o reisterin as voter in one o the precincts in *ue+on C votin is not conclusive o residence$ it does ive rise to a stron presumption o especially in this case where DO(I8O reistered in his ormer baranay.
&hile$ Domino9s intention to establish residence in %aranani can be leaned ro Sign up to vote on this title that be bouht the house he was rentin on 8ovember ;$ 1//4$ that he souht ca !# o his previous reistration in *e+on City on 22 October and that he a Useful 1//4$ Not useful transer o reistration rom *ue+on City to %aranani by reason o chane o re A< 5uust 1//4$ !$ DO(I8O still alls short o the one year residency re3uirement
