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Domino vs Comelec Facts: Petitioner Domino filed his certificate of candidacy for the position of Representative of the Lone

Legislative District of the Province of Sarangani. On March 30, 1998, private respondents filed with the COMELEC a Petition to Cancel Certificate of Candidacy against Domino, on reasons that Domino is not a resident and a registered voter of the province of Sarangani. The COMELEC promulgate disqualified Domino as candidate for the position of representative of the lone district of Sarangani for lack of the one-year residence requirement and likewise ordered the cancellation of his certificate of candidacy. However the COMELEC issued Supplemental Omnibus Resolution No. 3046, ordering that the votes cast for DOMINO is counted but to postpone the proclamation if winning because the disqualification is not yet final and executory. Domino prayed: for Petition for Certiorari Injunction alleging, in the main, that the COMELEC committed grave abuse of discretion Issues: Whether or not petitioner lacked the qualification with regards to residence as a candidate for congressman in Sarangani. Held: No, Domino did not meet the residency requirement. To successfully effect a change of domicile one must demonstrate an actual removal or an actual change of domicile; a bona fide intention of abandoning the former place of residence and establishing a new one and definite acts which correspond with the purpose. The lease contract entered into sometime in January 1997 of Domino, does not adequately support a change of domicile. Another, that fact that he bought the house he was renting on November 4, 1997, that he want the cancellation of his previous registration in Quezon City on 22 October 1997, and that he applied for transfer of registration from Quezon City to Sarangani by reason of change of residence on 30 August 1997, he still falls short of the one year residency requirement under the Constitution.

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