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Residence involves the intent to leave when the purpose for which the
resident has taken up his abode ends. If a person’s intent be to remain, it
becomes his domicile. For purposes of election, residence will refer to
one’s domicile. (Romualdez-Marcos v. Comelec).
Aquino v. COMELEC
Domicile of origin is not easily lost. To successfully effect a change of
domicile, petitioner must prove an actual removal or an actual change of
domicile; bona fide intentions of abandoning the former place of
residence and establishing a new one and definite acts which correspond
with the purpose.
Romualdez-Marcos v. COMELEC
In political law, domicile and residence are synonymous. An individual
does not lose his domicile even if she has lived and maintained residence
in different places. Minor follows the domicile of her parents. As domicile,
once acquired is retained until a new one is gained.
John Adams, in his last days of being the President appointed people
including Marbury as justice of peace, however, his secretary was not able
to deliver some commissions before Thomas took oath as a new
President. Thomas ordered his secretary Madison not to deliver the
commissions. Hence this petition.
The issue is whether or not Marbury has a right to commission and
can he avail of such.
The court held, that Marbury indeed has a right to commission
however he can be granted of such depending on the writ asked for. The
Supreme Court cannot issue writ of mandamus on its original jurisdiction
as it is violative of the constitution.
The ratio decidendi in this case is that it emphasizes that the
constitution is the Supreme law and it laid rules to decide on
constitutionality of laws through judicial review.
The requirements for the exercise by the courts of the power of
judicial review are:
a). There must be an actual case or controversy
b). it must be raised by the proper party who has substantial interest or
will suffer direct injury
c). The question or constitutionality must be raised at the earliest possible
opportunity
d). The question of constitutionality must be the very lis mota of the case
6. True or False Banat reversed Veterans.
Verba legis, the words in the constitution must be given their ordinary
meaning except when technical terms are employed.
Ratio legis est anima, the words of the constitution should be
interpreted in accordance with the intent of the framers.
Ut magis valeat quam pereat, the constitution must be interpreted as a
whole.
20.Explain and expound the moot and academic rule in judicial review.
Is there an exception?