CASE 2013-0016: CASAN MACODE MAQUILING VS. COMMISSION ON ELECTIONS, ROMMEL ARNADO y CAGOCO, and LINOG G. BALUA (G.R. NO. 195649, 02 JULY 2013, SERENO, J.) SUBJECT/S: RENUNCIATION OF FOREIGN CITIZENSHIP AS CONDITION IN RUNNING FOR PUBLIC OFFICE (BRIEF TITLE: MAQUILING VS. COMELEC)
DISPOSITIVE:
“WHEREFORE, the Motion for Reconsideration and the Supplemental Motion for Reconsideration are hereby DENIED with finality.
SO ORDERED.”
DIGEST/DOCTRINE/SUBJECT:
ROMMEL ARNADO WAS BORN A FILIPINO CITIZEN. THEN HE BECAME A NATURALIZED AMERICAN CITIZEN. BEFORE BE RAN FOR MAYOR OF KAUSWAGAN LANAO DEL NORTE HE EXECUTED AN AFFIDAVIT OF RENUNCIATION OF AMERICAN CITIZENSHIP. BUT HE STILL USED HIS U.S. PASSPORT. CAN HE STILL BE CONSIDERED AS DISQUALIFIED TO RUN FOR MAYOR.
YES.
IT IS THE POLICY OF THE STATE THAT THOSE WHO SEEK TO RUN FOR PUBLIC OFFICE MUST BE SOLELY AND EXCLUSIVELY A FILIPINO CITIZEN. TO ALLOW A FORMER FILIPINO WHO REACQUIRES PHILIPPINE CITIZENSHIP TO CONTINUE USING A FOREIGN PASSPORT – WHICH INDICATES THE RECOGNITION OF A FOREIGN STATE OF THE INDIVIDUAL AS ITS NATIONAL – EVEN AFTER THE FILIPINO HAS RENOUNCED HIS FOREIGN CITIZENSHIP, IS TO ALLOW A COMPLETE DISREGARD OF THIS POLICY.
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ARNADO ARGUES THAT SECTION 349 OF THE IMMIGRATION AND NATURALIZATION ACT OF THE UNITED STATES PROVIDES THAT HIS EXECUTION OF AN AFFIDAVIT OF RENUNCIATION OF AMERICAN CITIZENSHIP HAS THE EFFECT OF EXPATRIATION AND THUS WAS DIVESTED OF ALL THE RIGHTS OF AN AMERICAN CITIZEN. IS HIS ARGUMENT CORRECT?
NO. THE FACT THAT HE WAS STILL ABLE TO USE HIS U.S. PASSPORT AFTER EXECUTING THE AFFIDAVIT OF RENUNCIATION REPUDIATES HIS CLAIM.
FURTHERMORE, THE COURT CANNOT TAKE JUDICIAL NOTICE OF FOREIGN LAWS, WHICH MUST BEPRESENTED AS PUBLIC DOCUMENTS OF A FOREIGN COUNTRY AND MUST BE “EVIDENCED BY AN OFFICIAL PUBLICATION THEREOF.” MERE REFERENCE TO A FOREIGN LAW IN A PLEADING DOES NOT SUFFICE FOR IT TO BE CONSIDERED IN DECIDING A CASE.
BESIDES, AMERICAN LAW DOES NOT GOVERN IN THIS JURISDICTION.
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WHAT IS THE APPLICABLE LAW?
SECTION 40(D) OF THE LOCAL GOVERNMENT CODE AND SECTION 5(2) OF R.A. 9225.
UNDER R.A. 9225 IT IS PROVIDED THAT THAT “ALL PHILIPPINE CITIZENS WHO BECOME CITIZENS OF ANOTHER COUNTRY SHALL BE DEEMED NOT TO HAVE LOST THEIR PHILIPPINE CITIZENSHIP UNDER THE CONDITIONS OF THIS ACT.” THIS POLICY PERTAINS TO THE REACQUISITION OF PHILIPPINE CITIZENSHIP. SECTION 5(2) REQUIRES THOSE WHO HAVE RE-ACQUIRED PHILIPPINE CITIZENSHIP AND WHO SEEK ELECTIVE PUBLIC OFFICE, TO RENOUNCE ANY AND ALL FOREIGN CITIZENSHIP.
SECTION 40(D) OF THE LOCAL GOVERNMENT CODE DISQUALIFIES THOSE WITH DUAL CITIZENSHIP FROM RUNNING FOR LOCAL ELECTIVE POSITIONS.
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TO READ THE DECISION, JUST DOWNLOAD THE FILE BELOW.
SCD-2013-0016-JULY 2013 – MAQUILING
