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Concurring Opinion
Azcuna, J.:
I concur with the ponencia, but wish to state an additional basis to sustain Section 5 (d) of Republic Act No. 9189, which provides:
Sec. 5. Disqualifications. The following shall be disqualified from voting under this Act:
x x x
d) An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return shall be cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.
Petitioner contends that Filipinos who establish permanent residence abroad have thereby abandoned their Philippine domicile of origin and replaced it with a domicile of choice in a foreign country. This may indeed be true, but with the execution of the affidavit provided for under Section 5 (d) aforementioned, the affiant expressly states an abandonment of said domicile of choice. The legal effect of this expression is to revive the domicile of origin. For unlike a domicile of choice, which requires both intention and physical presence to be established or maintained, the domicile of origin can be revived by an intention properly expressed. Thus, the abandonment of the present domicile of choice, by the execution of the affidavit, operates to revive the domicile of origin to replace it, because of the principle that no person can be without a domicile at any time.
The moment a foreign domicile is abandoned, the native domicile is reacquired.1cräläwvirtualibräry
When a person abandons his domicile of choice, his domicile of origin immediately reverts and remains until a new domicile of choice is established.2cräläwvirtualibräry
On the abandonment of a domicile of choice, the domicile of origin immediately reverts, without regard to any definite intent to return to such original domicile, provided there is a definite intent finally to abandon the acquired domicile of choice.3cräläwvirtualibräry
Through the execution of the affidavit, the affiant does the operative act that makes said affiant once more a Philippine domiciliary. The requirement of resuming actual physical presence within three (3) years is only a test of such intention, but is not needed to effect the change or reversion of domicile. If the affiant does not resume the residence physically within said period, then the intent expressed in the affidavit is defective and the law will deem it inoperative, thereby allowing removal of affiants name from the National Registry of Absentee Voters.
