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Saludo Vs American Express
Saludo Vs American Express
7.
8.
residence rather than domicile is the significant factor. Even where the
statute uses the word 'domicile' still it is construed as meaning residence
and not domicile in the technical sense. Some cases make a distinction
between the terms 'residence' and 'domicile' but as generally used in
statutes fixing venue, the terms are synonymous, and convey the same
meaning as the term 'inhabitant.' In other words, 'resides' should be viewed
or understood in its popular sense, meaning, the personal, actual or
physical habitation of a person, actual residence or place of abode. It
signifies physical presence in a place and actual stay thereat. In this
popular sense, the term means merely residence, that is, personal
residence, not legal residence or domicile. Residence simply requires bodily
presence as an inhabitant in a given place, while domicile requires bodily
presence in that place and also an intention to make it one's domicile. No
particular length of time of residence is required though; however, the
residence must be more than temporary."
CAB: As a member of the House of Representatives, petitioner Saludo was
correctly deemed by the court a quo as possessing the requirements for the
said position, including that he was then a resident of the district which he
was representing, i.e., Southern Leyte. Significantly, for purposes of
election law, the term "residence" is synonymous with "domicile.
ISSUE: WON Saludo is has residence in Leyte
HELD: Yes. It can be readily gleaned that the definition of "residence" for
purposes of election law is more stringent in that it is equated with the
term "domicile." Hence, for the said purpose, the term "residence" imports
"not only an intention to reside in a fixed place but also personal presence
in that place, coupled with conduct indicative of such intention." When
parsed, therefore, the term "residence" requires two elements: (1) intention
to reside in the particular place; and (2) personal or physical presence in
that place, coupled with conduct indicative of such intention. As the Court
elucidated, "the place where a party actually or constructively has a
permanent home, where he, no matter where he may be found at any
given time, eventually intends to return and remain, i.e., his domicile, is
that to which the Constitution refers when it speaks of residence for the
purposes of election law."
On the other hand, for purposes of venue, the less technical definition of
"residence" is adopted. Thus, it is understood to mean as "the personal,
actual or physical habitation of a person, actual residence or place of
abode. It signifies physical presence in a place and actual stay thereat. In
this popular sense, the term means merely residence, that is, personal
residence, not legal residence or domicile. Residence simply requires bodily
presence as an inhabitant in a given place, while domicile requires bodily
presence in that place and also an intention to make it one's domicile."
Since petitioner Saludo, as congressman or the lone representative of the
district of Southern Leyte, had his residence (or domicile) therein as the
term is construed in relation to election laws, necessarily, he is also
deemed to have had his residence therein for purposes of venue for filing