DIGEST/ HANNAH GRACE REFUGIO/ MATEO CAASI v. THE HON. COURT OF APPEALS and MERITO C. MIGUEL

 

MATEO CAASI  v. THE HON. COURT OF APPEALS and MERITO C. MIGUEL

G.R. No. 88831

November 8, 1990

ANECITO CASCANTE v. THE COMMISSION ON ELECTIONS and MERITO C. MIGUEL

G.R. No. 84508

November 8, 1990

 

FACTS:

Merito Miguel was elected as mayor of Bolinao, Pangasinan in the local elections of January 18, 1988. His disqualification, however, was sought by Mateo Caasi on the ground that under Section 68 of the Omnibus Election Code Miguel was not qualified because he is a green card holder, hence, a permanent resident of the USA and not of Bolinao.

Sec. 68.  Disqualifications - 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 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.

Miguel admitted that he holds a green card, but he denied that he is a permanent resident of the United States. He argued that he obtained the green card for convenience in order that he may freely enter the United States for his periodic medical examination and to visit his children there. He alleged that he is a permanent resident of Bolinao, Pangasinan and that he voted in all previous elections, including the plebiscite on February 2, 1987 for the ratification of the 1987 Constitution and the congressional elections on May 18, 1987.

After hearing, the Comelec dismissed the petition. It held that the possession of a green card by the respondent Miguel does not sufficiently establish that he has abandoned his residence in the Philippines.

ISSUE:

 Whether a green card is proof that the holder thereof is a permanent resident of the United States such that it would disqualify him to run for any elective local position.

 

RULING:

The Supreme Court ruled that Miguel's application for immigrant status and permanent residence in the U.S. and his possession of a green card attesting to such status are conclusive proof that he is a permanent resident of the United States. In the "Application for Immigrant Visa and Alien Registration" 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 US Department of Justice and Immigration and Registration Service to 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.”

Despite his vigorous disclaimer, Miguel's immigration to the United States in 1984 constituted an abandonment of his domicile and residence in the Philippines. He did not go to the United States merely to visit his children or his doctor there. He entered the US with the intention to live there permanently as evidenced by his application for an immigrant's (not a visitor's or tourist's) visa.