G.R. No. L-43800 - Almeda vs. Court of Appeals

Arsenio A. Agustin was naturalized as a U.S. citizen in 1997 and later filed his Certificate of Candidacy (CoC) on October 5, 2012 for Mayor of Marcos, Ilocos Norte, declaring himself a natural-born Filipino citizen and a 25-year resident.
Respondent Salvador S. Pillos filed on October 10, 2012 a petition (SPA No. 13-023 (DC)) to deny due course and/or cancel Agustin’s CoC, alleging material misrepresentation of residency.

On January 28, 2013 the COMELEC Second Division denied Pillos’s petition for lack of merit, ruling that voter registration did not equate to residency qualification and that petitioners failed to prove foreign residency.
Pillos moved for reconsideration before the COMELEC En Banc; on April 23, 2013 the En Banc granted Pillos’s motion, cancelled and denied due course to Agustin’s CoC for failure to prove compliance with RA 9225 (renunciation oath missing).

Agustin filed a motion for reconsideration with attachments (Order of Approval and Oath of Allegiance dated March 9, 2012), but the April 23 resolution remained final and was executed; Agustin’s name remained on the May 13, 2013 ballot and he was proclaimed winner with 5,020 votes.
Sensing the 30-day period for certiorari in the Supreme Court was expiring, Agustin withdrew his COMELEC motion and on May 28, 2013 filed a petition for certiorari in the Supreme Court, alleging grave abuse of discretion and due process violations by the COMELEC En Banc.

Whether petitioner Arsenio A. Agustin was eligible to run for Mayor of Marcos, Ilocos Norte, considering his citizenship and residency status.
Whether Salvador S. Pillos, having challenged Agustin’s CoC and obtained an En Banc resolution of disqualification, is the rightful mayoralty winner in the May 13, 2013 elections.