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Caballero vs. COMELEC et al. [CONCURRING OPINION, LEONEN, J.]

ROGELIO BATIN CABALLERO, PETITIONER, VS. COMMISSION ON ELECTIONS AND JONATHAN ENRIQUE V. NANUD, JR., RESPONDENTS.

G.R. No. 209835 | 2015-09-22

CONCURRING OPINION

LEONEN, J.:

I concur in the result and join Justice Arturo D. Brion's Separate Concurring Opinion in that "citizenship and residency are separate and distinct requirements for qualification for local elective office."[1]

Domicile is distinct from citizenship. They are separate matters. Domicile is not a mere incident or consequence of citizenship and is not dictated by it. The case of petitioner Rogelio Batin Caballero who, as it is not disputed, has Uyugan, Batanes as his domicile of origin must be resolved with this fundamental premise in mind.

It is settled that for purposes of election law,...