PARILLA, MAY ANN C. LLB 2-1 G.R. No. 195649
ELECTION LAW MONDAYS/CW8 Ap!" 16, 2#1$
MA%&ILING 'S. COMMISSION ON ELECTIONS
()*+ Arnado was a natural born Filipino citizen, but lost his citizenship upon naturalization as citizen of United States of America. Sometime on 2008 and 2009, his repatriation was granted and he subseuentl! e"ecuted e"ecuted an A#da$it of %enunciation %enunciation of foreign fo reign citizenship. &n 'o$e 'o$emb mber er 20 2009 09,, Arna Arnando ndo (led (led for a cert certi( i(ca cate te of cand candid idac ac! ! and and won won the the said said election. )ut prior from his declaration as winner, a pending action for disuali(cation was (led b! )alua, one of the contenders for the position. )alua alleged that Arnando was was not not a citi citize zen n of the the *h *hil ilip ippi pine nes, s, with with a cert certi( i(ca cati tion on issue issued d b! the the )u )urreau eau of +mmig +mmigrat ration ion that that Arnan Arnando dos s nationa nationalit lit! ! is USA-A USA-Amer merica ican n and a certi( certi(ed ed true true cop! cop! of computer-generated tra$el record that he has been using his American passport e$en after after renun renuncia ciatio tion n of Ameri American can citiz citizens enship hip.. A di$isi di$ision on of the &/1 &/1 ruled ruled agains againstt Arnando but this decision was re$ersed b! the &/1 en )anc stating that continued use us e of for foreign eign pass passpo port rt is not not one one of the the grou ground nds s pro$ pro$id ided ed for for unde underr Sect Sectio ion n of ommonwealth Act 'o. 34 through which *hilippine citizenship ma! be lost. /eanwhile, /auil /auiling ing petiti petition on that that should should be declar declared ed winne winnerr as he gained gained the second second highes highestt number of $otes.
I 5hether or not continued use of a foreign passport after renouncing foreign citizenship a6ects ones uali(cations to run for public o#ce.
0" 7es. 7es. he use of foreign passport after renouncing ones foreign citizenship is a positi$e and $oluntar! act of representation as to ones nationalit! and citizenship it does not di$est Filipino Filipino citizenship regained b! repatriation but it recants the &ath of %enunciation reuired to ualif! one to run for an electi$e position which ma:es him dual citizen. itizenship is not a matter of con$enience. +t is a badge of identit! that comes with attend attendant ant ci$il ci$il and politi political cal right rights s accor accorded ded b! the state state to its citize citizens. ns. +t li:ewi li:ewise se demands the concomitant dut! to maintain allegiance to ones ;ag and countr!. 5hile
PARILLA, MAY ANN C. LLB 2-1
ELECTION LAW MONDAYS/CW8
those who acuire dual citizenship b! choice are a6orded the right of su6rage, those who see: election or appointment to public o#ce are reuired to renounce their foreign citizenship to be deser$ing of the public trust.
0?d@ of the 1ocal o$ernment ode. *opular $ote does not cure this ineligibilit! of the candid candidate ate.. &therw &therwise ise,, substan substanti$ ti$e e reuir euirem ement ents s set b! the onsti onstitut tution ion are are nugator!. Furthermore, there is no second-placer to spea: of because as reiterated in the case of BalosCos $. $. &/1, when the ineligibilit! was held to be $oid ab initio, no legal e6ect is produced.
