Case Digest (G.R. No. 207105)
Facts:
- Arsenio A. Agustin filed his Certificate of Candidacy (CoC) for Mayor of Marcos, Ilocos Norte, on October 5, 2012.
- He claimed to be a natural-born Filipino citizen and stated he had resided in the municipality for 25 years.
- Salvador S. Pillos, a rival candidate, petitioned the Commission on Elections (COMELEC) to deny Agustin's CoC, alleging material misrepresentation regarding residency.
- Pillos noted Agustin registered as a voter only on May 31, 2012.
- Agustin argued that residency pertains to actual living in the municipality, not voter registration, and submitted an Affidavit of Renunciation of U.S. citizenship dated October 2, 2012.
- On January 28, 2013, the COMELEC Second Division ruled in favor of Agustin, stating residency did not depend on voter registration.
- Pillos filed a motion for reconsideration, citing Agustin's travel to the U.S. using a U.S. passport after renouncing his citizenship.
- On April 23, 2013, the COMELEC En Banc canceled Agustin's CoC, stating he failed to comply with Republic Act 9225 regarding dual citizenship.
- Despite the cancellation, Agustin was proclaimed Mayor on May 13, 2013, after receiving the highest votes.
- Agustin subsequently filed a petition for certiorari with the Supreme Court, alleging grave abuse of discretion by the COMELEC and violations of his constitutional rights.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed Agustin's petition for certiorari, upholding the COMELEC's decision to disqualify him due to dual citizenship.
- The Court found that while Agustin did not make a material misrepresentation in his CoC, he was still disqualified from public office. ...(Unlock)
Ratio:
- The Court determined that Agustin's dual citizenship disqualified him from public office under Section 40(d) of the Local Government Code, which prohibits individuals with dual citizenship from holding elective positions.
- Although Agustin renounced his U.S. citizenship and filed a valid CoC, his use of a U.S. passport after renunciation reverted him to dual c...continue reading
Case Digest (G.R. No. 207105)
Facts:
The case involves Arsenio A. Agustin as the petitioner and the Commission on Elections (COMELEC) and Salvador S. Pillos as the respondents. The events leading to this case began when Agustin, who was naturalized as a citizen of the United States in 1997, filed his Certificate of Candidacy (CoC) for the position of Mayor of the Municipality of Marcos, Ilocos Norte, on October 5, 2012, for the May 13, 2013 local elections. In his CoC, he claimed to be a natural-born Filipino citizen and stated that he had resided in the municipality for 25 years. However, on October 10, 2012, Pillos, a rival candidate, filed a petition with the COMELEC to deny due course to Agustin's CoC, alleging that Agustin had made a material misrepresentation regarding his residency, as he had only registered as a voter in the municipality on May 31, 2012.
In response, Agustin argued that the residency requirement pertained to actual residency and not voter registration, and he provided an Affidavit of Renunciation of his U.S. citizenship executed on October 2, 2012. On January 28, 2013, the COMELEC Second Division ruled against Pillos' petition, stating that the residency requirement did not hinge on voter registration. However, Pillos filed a motion for reconsideration, highlighting that Agustin had traveled to the U.S. using his U.S. passport after renouncing his citizenship, which he argued constituted a material misrepresentation. On April 23, 2013, the COMELEC En Banc granted Pillos' motion, canceling Agustin's CoC on the grounds that he failed to prove compliance with the requirements of Republic Act 92...