Facts:

The case involves Arsenio A. Agustin as the petitioner against the Commission on Elections (COMELEC) and Salvador S. Pillos as the respondents. The events leading to the case began in 1997 when Agustin was naturalized as a citizen of the United States of America. On October 5, 2012, he filed his Certificate of Candidacy (CoC) to run for Mayor of the Municipality of Marcos, Ilocos Norte, declaring that he was a natural-born Filipino citizen with 25 years of residency in the area. A rival candidate, Salvador S. Pillos, filed a petition with the COMELEC on October 10, 2012, alleging that Agustin misrepresented his residency since he had only registered as a voter in the municipality on May 31, 2012. After several legal proceedings, the COMELEC Second Division denied Pillos' initial petition for lack of merit. However, after Pillos filed a reconsideration, the COMELEC En Banc issued a resolution on April 23, 2013, which cancelled Agustin's CoC, claiming he failed to provide

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Facts:

Background and Qualification of the Candidate

• The petitioner, Arsenio A. Agustin, was naturalized as a United States citizen in 1997.
• In his Certificate of Candidacy (CoC) filed on October 5, 2012, he declared that he was a natural born Filipino citizen and that he had been a resident of the Municipality of Marcos, Ilocos Norte for 25 years.
• He was the official candidate of the Nacionalista Party for the position of Mayor of Marcos, Ilocos Norte in the local elections scheduled on May 13, 2013.

Allegations of Material Misrepresentation and Filing of the Petition

• On October 10, 2012, rival mayoralty candidate Salvador S. Pillos filed a petition before the COMELEC alleging that the petitioner had misrepresented a material fact in his CoC.
• Pillos claimed that Agustin did not meet the one-year residency requirement because he had registered as a voter in Marcos only on May 31, 2012, despite his declaration of 25 years of residency.
• The petition asserted that by declaring his eligibility under oath, the petitioner falsely represented his qualifications to run for public office.

COMELEC Proceedings and Administrative Determinations

• On January 28, 2013, the COMELEC Second Division issued an omnibus resolution.
• It noted that a candidate’s registration as a voter is a material fact similar to his citizenship and residence but held that the registration date is not necessarily indicative of the residency requirement.
• The petition to cancel the CoC was denied for lack of merit as no competent evidence showed that the petitioner was a resident or citizen of another country disallowing his vote.
• On February 12, 2013, Pillos moved for reconsideration before the COMELEC En Banc, reasserting that the petitioner’s failure to meet the citizenship requirement (by using his USA passport) and residency issues amounted to a material misrepresentation.
• The COMELEC En Banc, on April 23, 2013, issued a resolution:
• The resolution cancelled and denied due course to the petitioner’s CoC.
• It emphasized that although the petitioner submitted an Affidavit of Renunciation of his USA citizenship, he failed to present his Oath of Allegiance, as required by Republic Act 9225.
• It held that by admitting his dual citizenship and not fully complying with the statutory requirements (specifically the production of the requisite Oath of Allegiance), the petitioner became disqualified.

Post-Resolution Motions and Election Proceedings

• On May 3, 2013, the petitioner filed a Verified Urgent Motion for Reconsideration with Leave of Court, attaching documents from the Consulate General and election officers to prove his compliance.
• Despite these submissions, on May 8, 2013, Pillos further moved for the issuance of a writ of execution to implement the cancellation of the petitioner’s CoC.
• Notably, on election day (May 13, 2013), the petitioner’s name appeared on the ballot and he was proclaimed mayor after receiving the highest number of votes.
• Sensing the impending expiration of the 30-day period for filing a petition for certiorari, the petitioner withdrew his motion for reconsideration and, on May 28, 2013, instituted the present case alleging grave abuse of discretion and violation of due process by the COMELEC En Banc.
• On June 18, 2013, the COMELEC En Banc, reaffirming that motions for reconsideration of an En Banc resolution were not permitted under the 1993 COMELEC Rules of Procedure, issued a writ of execution, confirming the cancellation of the petitioner’s CoC.
• The matter eventually escalated to the Supreme Court, where the petitioner argued both on the merits of his eligibility and the alleged procedural due process violations.

Issue:

Main Issue

• Whether or not the petitioner, Arsenio A. Agustin, is eligible to run for the position of Municipal Mayor, considering his dual citizenship status.

Secondary Issues

• Whether the petitioner’s certificate of candidacy should be cancelled or denied due course for alleged material misrepresentation regarding his residency and citizenship.
• Whether the COMELEC En Banc abused its discretion by cancelling the petitioner’s CoC and violating his right to due process.
• The effect of the petitioner’s continued use of his USA passport after his renunciation of US citizenship and its impact on his qualification for public office.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)