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    Ugdoracion v. COMELEC, G.R. No. 179851

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    Ugdoracion v. COMELEC, G.R. No. 179851

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    Original Title

    82. Ugdoracion v. COMELEC, G.R. No. 179851

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    Ugdoracion v. COMELEC, G.R. No. 179851

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    anonymouslynum1

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    82. Ugdoracion v. COMELEC, G.R. No.

    179851
    FACTS:
    Ugdoracion and Tungol were rival mayoralty candidates in the municipality of
    Albuquerque province of Bohol. Tungol filed a petition to deny due course or cancel
    the certificate of candidacy of Ugdoracion, contending that Ugdoracion's declaration
    of eligibility for mayor constituted material misrepresentation because he is actually
    a green card holder or a permanent resident of USA. He stated in his COC that he
    resided in Albuquerque for forty-one years before May 14, 2007 and he is not a
    permanent resident or an immigrant to a foreign country. It appears that
    Ugdoracion became a permanent resident in USA on September 26, 2001.
    Ugdoracion alleged that he retained his domicile of origin notwithstanding his
    ostensible acquisition of permanent residency in the USA. COMELEC cancelled
    Ugdoracion's COC - material representation.

    ISSUE:
    Whether the COMELEC committed grave abuse of discretion in cancelling
    Ugdoracion's COC for material representation?

    RULING:
    No grave abuse of discretion.
    Section 74, in relation to section 78 of the omnibus election code, requires
    that the facts stated In the COC must be true, and any false representation therein
    of a material fact shall be a ground for cancellation thereof. A material fact refers to
    a candidate's qualification for elective office such as one's citizenship and
    residence. It is the deliberate attempt to mislead, misinform, or hide a fact which
    would otherwise render a candidate ineligible.
    Caasi vs Court of Appeals - that a Filipino citizen's acquisition of a
    permanent resident status abroad constitutes an abandonment of his domicile and
    residence in the Philippines. A green card status in the USA is a renunciation of
    one's status as a resident of the Philippines.
    Residence, In contemplation of election laws, is synonymous to domicile.
    Domicile is the place where one actually or constructively has his permanent home,
    where he, no matter where he may be found at any given time, eventually intends
    to return (animus revertendi ) and remain (animus manendi). It consists not only in
    the intention to reside in a fixed place but also personal presence in that place,
    coupled with conduct indicative of such intention

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