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Issue: Yes.
Did Miguel waive his status as permanent resident or immigrant to US prior to the local elections? No. Is he disqualified to become a candidate of municipal mayor? Yes. Ruling: Miguels immigration to the US in 1984 constituted an abandonment of his domicile and residence in the Philippines o The intention to live there permanently is evidenced by his application for an immigrants visa. o Immigration removing into one place from another/entering into a country with the intention of residing in it. o Immigrant person who removes into a country for the purpose of permanent residence As a resident alien in the US, Miguel owes temporary and local allegiance to the US, in return for the protection given to him during the period of his residence. Sec 18, Art XI of the 1987 Constitution is not applicable to Miguel o Any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law o not applicable to Miguel for he acquired the status of an immigrant of US before he was elected to public office, not during his tenure as mayor Sec 68 of the Omnibus Election Code is the applicable law to him o Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless such person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws o Residence in the municipality where he intends to run for elective office for at least 1 year at the time of filing his certificate of candidacy is one of the qualifications that a candidate for elective public office must possess. He resided in Bolinao for only 3 months after his return to the Phils and before he ran for mayor Clear policy of excluding from the right to hold elective public office those Philippine citizens who possess dual loyalties and allegiance, as such are incapable of the entire devotion to the interest and welfare of their homeland To be qualified to run for elective office in the Philippines, the law requires that the candidate who is a green card holder must have waived his status as a permanent resident or immigrant of a foreign country. o His act of filing a certificate of candidacy for elective office in the Philippines did not of itself constitute a waiver of his status as a permanent resident or immigrant of US o The waiver of green card should be manifested by some act or acts independent of and done prior to filing his candidacy for elective office
Without such prior waiver, he was disqualified to run for any elective office Miguels application for immigrant status and permanent residence in the US and his possession of a green card attesting to such status are conclusive proof that he is a permanent resident of US despite his occasional visits to the Philippines o Miguel filled up his application for Immigrant Visa in his own handwriting, answering Permanently on the question of his length of intended stay. o On its face, the green card identifies Miguel in clear bold letters as a Resident Alien SC annulled the election of Miguel as municipal mayor. o