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Gayo v. Verceles

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GAYO v.

VERCELES
G.R. No. 150477; February 28, 2005
FACTS:
Sometime in 1977, the respondent migrated to the United States of America (U.S.A.) with
her family to look for greener pastures but retained her Filipino citizenship. In 1993, she
returned to the Philippines for good and would only travel to USA to visit her children. In
1997, he filed her certificate of candidacy for Mayor of Tubao, La Union for the May 2008
election. On January 28, 1998, she surrendered her alien registration receipt card before
the Immigration and Naturalization Service of the American Embassy in Manila. The
respondent ran in the May 11, 1998 elections and was elected Mayor of Tubao, La Union.
Thereafter, during the May 14, 2001 elections, the petitioner ran for re-election and won.
She was proclaimed as the duly-elected Mayor on May 16, 2001. Her proclamation was
however questioned for the reason that she is a green card holder and has not complied
with the residence requirement.
ISSUE:
Whether or not the respondent was able to meet the residency requirement for the
position of municipal mayor during the May 2001 elections.
HELD:
Yes. Respondent effectively abandoned her residency in the Philippines by her acquisition
of the status of a permanent U.S. resident. Nonetheless, we find that the respondent
reacquired her residency in the Philippines even before the holding of the May 2001
elections. The records show that she surrendered her green card to the Immigration and
Naturalization Service of the American Embassy way back in 1998. By such act, her
intention to abandon her U.S. residency could not have been made clearer. Moreover,
when she decided to relocate to the Philippines for good in 1993, she continued living
here and only went to the U.S.A. on periodic visits to her children who were residing
there. Moreover, she was elected Mayor in the 1998 elections and served as such for the
duration of her term. We find such acts sufficient to establish that the respondent
intended to stay in the Philippines indefinitely and, ultimately, that she has once again
made the Philippines her permanent residence.

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