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Caasi VS Ca

Mateo Caasi filed a petition to disqualify Merito Miguel from serving as mayor of Bolinao, Pangasinan because Miguel held a green card and was a permanent resident of the United States. The Court of Appeals dismissed the petition. The Supreme Court ruled that as a permanent resident of the US, Miguel owed allegiance to the US and was disqualified from running for elective office in the Philippines according to Section 68 of the Omnibus Election Code. Filing his candidacy did not constitute a waiver of his status as a permanent resident, and no prior waiver was shown, so he was disqualified from serving as mayor.

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146 views1 page

Caasi VS Ca

Mateo Caasi filed a petition to disqualify Merito Miguel from serving as mayor of Bolinao, Pangasinan because Miguel held a green card and was a permanent resident of the United States. The Court of Appeals dismissed the petition. The Supreme Court ruled that as a permanent resident of the US, Miguel owed allegiance to the US and was disqualified from running for elective office in the Philippines according to Section 68 of the Omnibus Election Code. Filing his candidacy did not constitute a waiver of his status as a permanent resident, and no prior waiver was shown, so he was disqualified from serving as mayor.

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axvxxn
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© © All Rights Reserved
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MATEO CAASI VS. CA & MERITO C.

MIGUEL

G.R. NO. 88831 NOVEMBER 8, 1990

FACTS:

Mateo Caasi filed a petition for quo warranto for the disqualification of Merito Miguel for the
position of municipal mayor of Bolinao, Pangasinan after being elected on January 18, 1988 on the
ground that he is a green card holder hence, a permanent resident of US and not of Bolinao. Howver,
the CA dismissed the petition. Anecito Cascante also filed petitions for disqualification of Miguel which
were dismissed by the COMELEC First Division. Miguel claimed that his green card was for convenience
only in order for him to freely enter the US for his periodic medical examination and to visit his children
there. The COMELEC dismissed the petitions because it was not sufficiently establish that he has
abandoned his residence in the Philippines. Hence, this consolidated petition before the Supreme Court.

ISSUE:

Whether or not Miguel was a Filipino citizen at the time of election on January 18, 1988.

RULING:

No. Sec. 68 of the OEC, disqualifies a person who is a permanent resident or an immigrant of a
foreign country since residence in the municipality where he intends to run for elective office for at least
one (1) year at the time of filing his certificate of candidacy, is one of the qualifications that a candidate
for elective public office. In this case, Miguel intended to permanently reside in the US as evidenced by
his application for an immigrant’s visa for which he became a resident alien. As a resident alien in the
U.S., Miguel owes temporary and local allegiance to the U.S., the country in which he resides. 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 the United States. The waiver of his green card
should be manifested by some act or acts independent of and done prior to filing his candidacy for
elective office in this country. Without such prior waiver, he was "disqualified to run for any elective
office." Thus, the SC granted the petition.

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