This case has been cited 3 times or more.
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2012-04-24 |
SERENO, J. |
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| Affidavit of Leonila Suarez (Suarez)[27] | |||||
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2010-10-19 |
BRION, J. |
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| Second, the factual circumstances in Reyes are entirely different from the present case; no parallelism can be drawn so that the application of the ruling in Reyes cannot be bodily lifted and applied to Mitra. In Reyes, the COMELEC ruled that Reyes committed a material misrepresentation in his COC when he declared that his residence is Tigman, Aborlan, Palawan and that he is eligible for the office he seeks to be elected to. The COMELEC so concluded after it found that the evidence showed that Reyes failed to prove that (1) he had the intention to remain permanently in Aborlan since his alleged residence is a mere beach house which by its very nature is a temporary place of residence as held by the Court in Dumpit Michelana v. Boado;[51] 2) he had actual presence at his domicile of choice; and (3) that he had already transferred from his domicile (Coron, Palawan) to Tigman, Aborlan Palawan. The COMELEC even found, on the matter of CTC, that Reyes consistently used his Coron CTC in his transactions, thus negating his explanation that the CTC was procured without his knowledge and consent. | |||||
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2009-09-17 |
YNARES-SANTIAGO, J. |
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| If one wishes to successfully effect a change of domicile, he must demonstrate an actual removal or an actual change of domicile, a bona fide intention of abandoning the former place of residence and establishing a new one, and definite acts which correspond with the purpose.[17] Without clear and positive proof of the concurrence of these three requirements, the domicile of origin continues.[18] | |||||