UGDORACION V. COMELEC (ELECTION)

We find no grave abuse of discretion in the COMELEC's cancellation of Ugdoracion's certificate of candidacy for material misrepresentation. Accordingly, the petition must fail.

Section 74, in relation to Section 78 of the Omnibus Election Code requires that the facts in the COC must be true, and any false representation therein of a material fact shall be a ground for cancellation thereof, thus:

Section 74. Contents of certificate of candidacy - The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office; if for Member of the Batasang Pambansa, the province, including its component cities, highly urbanized city or district or sector which he seeks to represent; the political party to which he belongs; civil status; his date of birth; residence; post office address for all election purposes; profession or occupation; that he will support and defend the Constitution and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country that the obligation assumes by his oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the COC are true to the best of his knowledge.

Section 78. Petitioner to deny due course to or cancel a certificate of candidacy- A verified petition to deny due course or to cancel a COC may be filed by any person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than 25 days from the time of the filing of the COC and shall be decided after due notice and hearing not later than 15 days before the election.

The false representation contemplated by Section 78 of the Code pertains to material fact, and is not simply innocuous mistake. A material fact refers to a candidate's qualification for elective office such as one's citizenship and residence.

Ugdogracion argued that his supposed involuntary acquisition of a permanent resident status in the USA which he insists did not result in the loss of his domicile of origin.

We are not convinced. A Filipino's acquisition of a permanent resident status abroad constituted an abandonment of his domicile and residence in the Philippines. In short, "green card" status in the USA is a renunciation of one's status as a resident of the Philippines. Ugdogracion's acquisition of a lawful permanent resident status in the US amounted to an abandonment and renunciation of his status as a resident of the Philippines; it constituted a change from his domicile of origin, which is Bohol, to a new domicile of choice, which is the USA.