JAPSON VS COMELEC G.R. NO.

180088 FACTS: This is a Petition for Review on Certiorari under Rules 64 and 65 of the Revised Rules of Court seeking to annul and set aside the Resolution dated 31 July 200 of the !irst "ivision of #u$li% res#ondent Co&&ission on 'le%tions (C)*'+'C, and the Resolution dated 2- .e#te&$er 200 of C)*'+'C en $an%/ in .P0 1o2 0 356-/ for having $een rendered with grave a$use of dis%retion/ a&ounting to la%k or e4%ess of 5urisdi%tion2 6oth #etitioner *anuel 62 Ja#7on (Ja#7on, and #rivate res#ondent Jai&e .2 Ty (Ty, were %andidates for the )ffi%e of *ayor of the *uni%i#ality of 8eneral *a%arthur/ 'astern .a&ar/ in the lo%al ele%tions held on 14 *ay 200 2 Ja#son filed $efore the C)*'+'C a #etition to dis9ualify or %an%el Ty:s Certifi%ate of Candida%y on the ground of &aterial &isre#resentation2 Ja#son alleged that Ty had $een an 0&eri%an %iti7en and had $een residing in the ;.0 for the last 25 years2 *oreover/ Ja#son alleged that when Ty a##lied for %ertifi%ate of %andida%y/ he never a%tually resided in .a&ar for a #eriod of one year i&&ediately #re%eding the date of ele%tion as re9uired under .e%tion 3< of R0 160/ and even after filing Ty:s a##li%ation for rea%9uisition of his Phili##ine %iti7enshi#/ he %ontinued to &ake tri#s to the ;.2 The C)*'+'C !irst "ivision found that Ty %o&#lied with the re9uire&ents of .e%tion 3 and 5 of R0 <225 and rea%9uired his Phili##ine %iti7enshi#2 Ty e4e%uted an oath of allegian%e and e4e%uted a Renun%iation of !oreign Citi7enshi#2 *oreover/ the C)*'+'C ruled that Ty did not %o&&it &aterial &isre#resentation in stating in his Certifi%ate of Candida%y that he was a resident of .a&ar2 ISSUE: =hether or not Ty was a$le to &eet the %iti7enshi# and residen%y re9uire&ents HELD: >es/ Ty was re#atriated under R0 <225 $y his renun%iation of his foreign %iti7enshi# and $y e4e%uting his oath of allegian%e to the Re#u$li% of the Phili##ines2 Ty:s intent to esta$lish a new do&i%ile of %hoi%e in .a&ar $e%a&e a##arent when/ i&&ediately after rea%9uiring his Phili##ine %iti7enshi#/ he a##lied for a Phili##ine #ass#ort indi%ating in his a##li%ation that his residen%e in the Phili##ines was at 02 *a$ini .t2 6arangay 6/ Po$la%ion/ 8eneral *a%arthur/ 'astern .a&ar2 *oreover/ he voluntarily su$&itted hi&self to the lo%al ta4 5urisdi%tion of the &uni%i#ality of 8eneral *a%arthur/ 'astern .a&ar $y #aying %o&&unity ta4 and se%uring CTCs fro& the said

&uni%i#ality2 ?n addition/ there is no $asis for the %ourt to re9uire Ty to stay in and never leave at all the &uni%i#ality for the full one3year #eriod #rior to the lo%al ele%tions2