Case Readings Domicile Rights
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Transcript of Case Readings Domicile Rights
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8/19/2019 Case Readings Domicile Rights
1/3
Imelda was a resident of the First District of Leyte
for election purposes, and therefore possessed the
necessary residence qualications to run in Leyte as a
candidate for a seat in the House of Representatives forthe following reasons:
a !inor follows the domicile of his parents "s domicile,
once acquired is retained until a new one is gained, it
follows that in spite of the fact of petitioner#s $eing
$orn in !anila, %aclo$an, Leyte was her domicile of
origin $y operation of law %his domicile wasesta$lished when her father $rought his family $ac& to
Leyte
$ Domicile of origin is not easily lost %o successfully
e'ect a change of domicile, one must demonstrate:
( "n actual removal or an actual change of domicile)
* " $ona de intention of a$andoning the former place
of residence and esta$lishing a new one) and
+ "cts which correspond with the purpose
In the a$sence of clear and positive proof $ased on
these criteria, the residence of origin should $e deemed
to continue nly with evidence showing concurrence of
all three requirements can the presumption of
continuity or residence $e re$utted, for a change of residence requires an actual and deli$erate
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a$andonment, and one cannot have two legal
residences at the same time -etitioner held various
residences for di'erent purposes during the last four
decades .one of these purposes unequivocally point toan intention to a$andon her domicile of origin in
%aclo$an, Leyte
c It cannot $e correctly argued that petitioner lost her
domicile of origin $y operation of law as a result of her
marriage to the late -resident Ferdinand / !arcos in
(01* " wife does not automatically gain the hus$and2sdomicile 3hat petitioner gained upon marriage was
actual residence 4he did not lose her domicile of
origin %he term residence may mean one thing in civil
law 5or under the 6ivil 6ode7 and quite another thing in
political law 3hat stands clear is that insofar as the
6ivil 6ode is concerned8a'ecting the rights and
o$ligations of hus$and and wife 9 the term residenceshould only $e interpreted to mean actual residence
%he inescapa$le conclusion derived from this
unam$iguous civil law delineation therefore, is that
when petitioner married the former -resident in (01;,
she &ept her domicile of origin and merely gained a
new home, not a domicilium necessarium
d /ven assuming for the sa&e of argument that
petitioner gained a new domicile after her marriage
and only acquired a right to choose a new one after her
hus$and died, petitioner#s acts following her return to
the country clearly indicate that she not only impliedly
$ut e
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the 6hairman of the -6== when petitioner sought the
-6==#s permission to reha$ilitate 5our7 ancestral
house in %aclo$an and Farm in lot, Leyte to ma&e
them liva$le for the !arcos family to have a home inour homeland Furthermore, petitioner o$tained her
residence certicate in (00* in %aclo$an, Leyte, while
living in her $rother#s house, an act which supports the
domiciliary intention clearly manifested in her letters to
the -6== 6hairman