Re : Interpretation of the term "residence"

April 28, 2004 SEC OPINION NO. 31-04 Re : Interpretation of the term "residence" Alpha Salcedo Condominium Corporation 2/f Alpha Salcedo Condominium H.V. Dela Costa St., Salcedo Village, Makati City Attention: Ms. Emilia S. Yu Treasurer M a d a m : This refers to your letter dated 05 April 2004 requesting opinion on whether a person who maintains physical presence in a condominium complies with the qualification that he "must be a resident of said condominium. Please be informed that our Supreme Court in Garcia-Fule v. Court of Appeals , 1 held: . . . the term "resides" connotes ex vi termini "actual residence" as distinguished from "legal residence or domicile." This term "resides", like the terms "residing" and "residence", is elastic and should be interpreted in the light of the object or purpose of the statute or rule in which it is employed. . . . 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 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. In Romualdez v. RTC , Br. 7, Tacloban City , 2 the Court held that "domicile" and "residence" are synonymous. The term "residence," as used in the election law, 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. "Domicile" denotes a fixed permanent residence to which when absent for business or pleasure, or for like reasons, one intends to return. Further, "Domicile" is a question of intention and circumstances. In the consideration of circumstances, three rules must be borne in mind, namely: (1) that a man must have a residence or domicile somewhere; (2) when once established it remains until a new one is acquired; and (3) a man can have but one residence or domicile at a time. 3 Thus, we confirm your view that your member who maintains physical presence in Apha Salcedo meets the residency requirement, as stated in your by-laws. CScTDE Very truly yours, (SGD.) VERNETTE G. UMALI-PACO General Counsel Footnotes 1. 74 SCRA 189 (1976). 2. 226 SCRA 408 (1993). 3. Alcantara v. Secretary of Interior , 61 Phil. 459, 465 [1935].