Caasi v.

CA, 191 SCRA 317

Caasi v. CA

GR No. 88
88831, 84508 November 8, 19
1990
Grino-Aquino, J.

Doctrine: To be qualified
qualified to run for elective
elective office in the Philippin
Philippines,
es, the law requires
requires
that the candidate who is a green card holder must have “waived his status as a
permanent resident or immigrant of a foreign country.

Nature: Petition for review of the decision of the CA and Petition for certiorari to
review the decision of the Commission on Election

Facts:

• Merito Miguel was elected as municipal mayor of Bolinao, Pangasinan in the

local elections of 1988.
• Petition
Petitions
s were
were filed
filed for his disqua
disqualif
lifica
icatio
tion
n under
under Sec 68 of the Omnibu
Omnibus s
Elec
Electio
tion
n Code
Code,, on the
the grou
ground
nd that
that he is a green
green card holder
holder,, henc
hence,
e, a
permanent resident of the US, not of Bolinao
o One of the petitioners is Mateo Caasi, his rival candidate for the position
of mayor
• Migu
Miguel
el admi
admitt
tted
ed that
that he hold
holds
s a gree
greenn card
card issu
issued
ed to him
him by the
the US
Immigration Service, but he denied that he is a permanent resident of the US
o He allegedly obtained the green card for convenience in order that he
may freely enter the US for his periodic medical examination and to visit
his children there.
o He alleged that he is a permanent resident of Bolinao, Pangasinan that
he voted in all previous elections.
• COMELEC dismissed the petitions, except for Commissioner Anacleto Badoy, Jr.
o According to COMELEC, the possession of a green card by Miguel does
not sufficiently establish that he had abandoned his residence in the
Philippines
o COMELEC said that as the respondent meets the basic requirements of 
citizenship and residence for candidates to elective local officials under
Sec 42 of Local Govt. Code, there is no legal obstacle to his candidacy
for mayor.
o In the dissenting opinion of Commissioner Badoy, he opined that a green
card holder, being a permanent resident of or an immigrant of a foreign
country, under Sec. 68 of the Omnibus Election Code, has to prove that
he has waived his status as a permanent resident or immigrant to be
qualified to run for election office.

Issue: Is green card a proof that the holder is a permanent resident of the US?
 Yes.
 Did Miguel waive his status as permanent resident or immigrant to US prior to
the local elections? No.

Is he disqualified to become a candidate of municipal mayor? Yes.

Ruling:

• Miguel’s immigration to the US in 1984 constituted an abandonment of his

domicile and residence in the Philippines
o  The intention to live there permanently is evidenced by his application
for an immigrant’s visa.
o Immigration – removing into one place from another/entering into a
country with the intention of residing in it.
o Immigrant – person who removes into a country for the purpose of 
permanent residence
• As a resident alien in the US, Miguel owes temporary and local allegiance to
the US, in return for the protection given to him during the period of his
residence.
• Sec 18, Art XI of the 1987 Constitution is not applicable to Miguel
o “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”
o not applicable to Miguel for he acquired the status of an immigrant of US
before he was elected to public office, not “during his tenure” as mayor
• Sec 68 of the Omnibus Election Code is the applicable law to him
o “Any person who is a permanent resident of or an immigrant to a foreign
country shall not be qualified to run for any elective office under this
Code, unless such 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”
o Residence in the municipality where he intends to run for elective office
for at least 1 year at the time of filing his certificate of candidacy is one
of the qualifications that a candidate for elective public office must
possess.
 He resided in Bolinao for only 3 months after his return to the
Phils and before he ran for mayor
 Clear policy of excluding from the right to hold elective public
office those Philippine citizens who possess dual loyalties and
allegiance, as such are incapable of the entire devotion to the
interest and welfare of their homeland
•  To be qualified to run for elective office in the Philippines, the law requires that
the candidate who is a green card holder must have “waived his status as a
permanent resident or immigrant of a foreign country.
o His act of filing a certificate of candidacy for elective office in the
Philippines did not of itself constitute a waiver of his status as a
permanent resident or immigrant of US
o  The waiver of green card should be manifested by some act or acts
independent of and done prior to filing his candidacy for elective office
 o Without such prior waiver, he was “disqualified to run for any elective
office”
• Miguel’s application for immigrant status and permanent residence in the US
and his possession of a green card attesting to such status are conclusive proof 
that he is a permanent resident of US despite his occasional visits to the
Philippines
o Miguel filled up his application for Immigrant Visa in his own
handwriting, answering “Permanently” on the question of his length of 
intended stay.
o On its face, the green card identifies Miguel in clear bold letters as a
Resident Alien
• SC annulled the election of Miguel as municipal mayor.