Petitioner Respondents: Mateo Caasi, The Hon. Court of Appeals and Merito C. Miguel
Petitioner Respondents: Mateo Caasi, The Hon. Court of Appeals and Merito C. Miguel
Petitioner Respondents: Mateo Caasi, The Hon. Court of Appeals and Merito C. Miguel
SYLLABUS
DECISION
GRIÑO-AQUINO, J : p
These two cases were consolidated because they have the same
objective; the disqualification under Section 68 of the Omnibus Election Code
of the private respondent, Merito Miguel, for the position of municipal mayor
of Bolinao, Pangasinan, to which he was elected in the local elections of
January 18, 1988, on the ground that he is a green card holder, hence, a
permanent resident of the United States of America, not of Bolinao. LLpr
". . . it is pointless for the Regional Trial Court to hear the case
questioning the qualification of the petitioner as resident of the
Philippines, after the COMELEC has ruled that the petitioner meets
the very basic requirements of citizenship and residence for
candidates to elective local officials (sic) and that there is no legal
obstacles (sic) for the candidacy of the petitioner, considering that
decisions of the Regional Trial Courts on quo warranto cases under
the Election Code are appealable to the COMELEC." (p. 22, Rollo, G.R.
No. 88831.)
These two cases pose the twin issues of: (1) whether or not a green
card is proof that the holder is a permanent resident of the United States,
and (2) whether respondent Miguel had waived his status as a permanent
resident of or immigrant to the U.S.A. prior to the local elections on January
18, 1988.
Section 18, Article XI of the 1987 Constitution provides:
"Sec. 18. Public officers and employees owe the State and
this Constitution allegiance at all times, and any public officer or
employee who seeks to change his citizenship or acquire the status of
an immigrant of another country during his tenure shall be dealt with
by law."
In the same vein, but not quite, Section 68 of the Omnibus Election
Code of the Philippines (B.P. Blg. 881) provides:
"SEC. 68. Disqualifications . . . Any person who is a
permanent resident of or an immigrant to a foreign country shall not
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be qualified to run for any elective office under this Code, unless said
person has waived his status as permanent resident or immigrant of a
foreign country in accordance with the residence requirement
provided for in the election laws. (Sec. 25, 1971, EC)."
In view of current rumor that a good number of elective and appointive
public officials in the present administration of President Corazon C. Aquino
are holders of green cards in foreign countries, their effect on the holders'
right to hold elective public office in the Philippines is a question that excites
much interest in the outcome of this case. dctai
In the case of Merito Miguel, the Court deems it significant that in the
"Application for Immigrant Visa and Alien Registration" (Optional Form No.
230, Department of State) which Miguel filled up in his own handwriting and
submitted to the US Embassy in Manila before his departure for the United
States in 1984, Miguel's answer to Question No. 21 therein regarding his
"Length of intended stay (if permanently, so state)," Miguel's answer was,
"Permanently."
On its face, the green card that was subsequently issued by the United
States Department of Justice and Immigration and Registration Service to the
respondent Merito C. Miguel identifies him in clear bold letters as a
RESIDENT ALIEN. On the back of the card, the upper portion, the following
information is printed:
"Alien Registration Receipt Card
"Person identified by this card is entitled to reside permanently
and work in the United States." (Annex A pp. 189-190, Rollo of G.R.
No. 84508.)
Despite his vigorous disclaimer, Miguel's immigration to the United
States in 1984 constituted an abandonment of his domicile and residence in
the Philippines. For he did not go to the United States merely to visit his
children or his doctor there, he entered the United States with the intention
to live there permanently as evidenced by his application for an immigrant's
(not a visitor's or tourist's) visa. Based on that application of his, he was
issued by the U.S. Government the requisite green card or authority to
reside there permanently. cdrep