Caasi vs.

Comelec Digest

FACTS: Mateo Caasi is seeking the disqualification of Merito Miguel as candidate for municipal mayor of Bolinao, Pangasinan on the ground that he Miguel! is a green card holder, hence, a resident of the "nited States# Miguel admits possessing a green card $ut contends that he only uses it for con%enience to freely enter "S for his medical treatment and to %isit his children# &e also alleges that he %oted in all pre%ious elections, including the ple$iscite on ' Fe$ruary ()*+ for the ratification of the ()*+ Constitution, and the congressional elections on (* May ()*+# ,SS"-: ./0 a green card is a proof that the holder is a "S resident &-12: ,n Miguel3s 4Application for ,mmigrant 5isa and Alien 6egistration7 /ptional Form 0o# '89, 2epartment of State! :hich he filled up in his o:n hand:riting and su$mitted to the "S -m$assy in Manila $efore his departure for the "nited States in ()*;, Miguel<s ans:er to =uestion 0o# '( therein regarding his 71ength of intended stay if permanently, so state!,7 Miguel<s ans:er :as, 7Permanently#7 /n the green card itself, it identifies Miguel as a 6esident Alien# Miguel3s immigration to the "nited States in ()*; constituted an a$andonment of his domicile and residence in the Philippines# To $e 4qualified to run for electi%e office> in the Philippines, the la: requires that the candidate :ho is a green card holder must ha%e 4:ai%ed his status as a permanent resident or immigrant of a foreign country#> Also, Miguel only resided in Bolinao for 8 months after returning to the country :hich is in %iolation of the ( year residency requirement# ?Miguel is disqualified to run for mayor#