Assignment: Imelda Romualdez-Marcos v. COMELEC, 248 SCRA 300, 64 SCAD 358, 18 September 1995

Facts:
In 23 March 1995, Cirilo Roy Montejo filed a petition of cancellation and disqualification with the COMELEC charged that Imelda Romualdez-Marcos did not meet the 1-residency requirement under the Constitution. In 29 March 1995, she filed belatedly a corrected certificate of candidacy changing the entry “seven months” to “since childhood”.

COMELEC decided en banc she is denied the belated amendment to her COC, thereby ruling that she is not qualified to run as congressman for the 1st district of Leyte.

Issue:
Is Imelda Romualdez-Marcos a resident of the area for one year prior to running as congresswoman?

Held:
Yes, she is qualified to run as congresswoman. An individual does not loose his domicile even if he is maintaining several residences in several areas. The concepts of residence and domicile is somewhat interchangeable but is not. Residence refers to a place of dwelling, whether permanent or temporary. Domicile refers to a place of a person's habitual residence, if absent, has intention to return to.

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