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Residence is used synonymously with domicile for election purposes.

The essential
distinction between residence and domicile in law is that if his intent is to leave as
soon as his purpose is established, it is residence. If a person's intent is to remain, it
becomes his domicile. The law provides that: (1) a minor follows the domicile of his
parents. As domicile, once acquired is retained until a new one is gained; (2)
Domicile of origin is not easily lost. To successfully effect a change of domicile, one
must demonstrate: (a) An actual removal or an actual change of domicile; (b) A bona
fide intention of abandoning the former place of residence and establishing a new
one; and (c) Acts which correspond with the purpose. In the absence of clear and
positive proof based on these criteria, the residence of origin should be deemed to
continue; (3) a wife does not automatically gain the husband’s domicile because the
term “residence” in Civil Law does not mean the same thing in Political Law.
Therefore, if a person retains his domicile of origin for purposes of the residence
requirement, the 1-year period is irrelevant because wherever he is, he is a resident
of his domicile of origin. Second, if a person reestablishes a previously abandoned
domicile, the 1year requirement must be satisfied.

Ninal
A valid marriage license is a requisite of marriage under Article 53 of the Civil Code,
the absence of which renders the marriage void ab initio. However, a marriage
license is dispensed with, as provided in Article 76 of the Civil Code, referring to the
marriage of a man and a woman who have lived together and exclusively with each
other as husband and wife for a continuous and unbroken period of at least 5 years
before the marriage. The law further provides, however, that the 5-year cohabitation
period contemplated by Article 76 should be the years immediately before the day of
the marriage and it should be a period of cohabitation characterized by exclusivity.
Meaning, no third party was involved at any time within the 5 years and continuity is
unbroken. Furthermore, the subsistence of the marriage even where there was
actual severance of the filial companionship between the spouses cannot make any
cohabitation by either spouse with any third party as being one as “husband and
wife”.

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