Case Readings Domicile Rights

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    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