Unformatted text preview: ld still retain his domicile in the USA, and he did not necessarily regain his domicile in the Municipality of General Macarthur, Eastern Samar, Philippines. X merely had the option to again establish his domicile in the Municipality of General Macarthur, Eastern Samar, Philippines, said place to have become his new domicile of choice. The length of his residence therein shall be determined from the time he made it his domicile of choice, and it shall not retroact to the time of his birth. It is the fact of residence that is the decisive factor in determining whether or not an individual has satisfied the residency qualification requirement. However, even if Y’s argument is correct, this does not mean that X should be automatically disqualified as well, since there is proof that aside from reacquisition of his Philippine Citizenship, there are other subsequent acts executed by X which show his intent to make General Arthur, Eastern Samar his domicile, thus making him qualified to run for Mayor. (Japzon v. COMELEC, G.R. No. 180088, Jan.19, 2009) Q: Who are persons disqualified from running for any elective local position? A: 1. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or 204 2.
3. 4. more of imprisonment, within 2 years after serving sentence Removed from office as a result of an administrative case Convicted by final judgment for violating the oath of allegiance of the Republic With dual citizenship Note: The phrase “dual citizenship” as a disqualification in R.A. No. 7160, §40(d) and in R.A. No. 7854, §20 must be understood as referring to “dual allegiance.” (Mercado v. Manzano, G.R. No. 135083, May 26,1999) 5. Fugitives from justice in criminal or non‐
political cases here or abroad Note: Fugitives from justice in criminal and non‐ criminal cases here and abroad include not only those who flee after conviction to avoid punishment, but likewise those who after being charged, flee to avoid prosecution (Marquez v....
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