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...

Facts:

Background and Filing of Certificate of Candidacy

• In 1997, Arsenio A. Agustin (petitioner) was naturalized as a U.S. citizen.
• On October 5, 2012, he filed his Certificate of Candidacy (CoC) for Mayor of Marcos, Ilocos Norte, in the May 13, 2013 local elections. He declared himself a natural-born Filipino citizen and a resident of Marcos, Ilocos Norte, for 25 years.
• He was the official candidate of the Nacionalista Party.

Challenge to the Certificate of Candidacy

• On October 10, 2012, Salvador S. Pillos (respondent), a rival mayoralty candidate, filed a Petition to Deny Due Course and/or Cancel the CoC of Agustin in the COMELEC (docketed as SPA No. 13-023 (DC)).
• Pillos alleged that Agustin made a material misrepresentation in his CoC by claiming 25 years of residency in Marcos, Ilocos Norte, despite only registering as a voter there on May 31, 2012.
• The petition argued that Agustin did not meet the one-year residency requirement under the law.

Petitioner’s Defense

• Agustin countered that the residency requirement was separate from voter registration. He also submitted an Affidavit of Renunciation of U.S. Citizenship dated October 2, 2012, to prove his eligibility.
• He argued that his travels to Hawaii for business did not violate the residency requirement.

COMELEC Proceedings

• On January 28, 2013, the COMELEC Second Division denied Pillos’ petition, ruling that Agustin’s recent voter registration did not invalidate his residency claim.
• Pillos filed a Motion for Reconsideration on February 12, 2013, arguing that Agustin’s use of his U.S. passport after renouncing his U.S. citizenship showed he was still a dual citizen and thus disqualified.
• On April 23, 2013, the COMELEC En Banc granted Pillos’ motion, canceling Agustin’s CoC for failing to comply with Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003). The COMELEC noted that Agustin failed to submit his Oath of Allegiance, which was required under the law.

Election and Post-Election Events

• Despite the cancellation of his CoC, Agustin’s name remained on the ballot, and he was proclaimed Mayor on May 13, 2013, after receiving 5,020 votes.
• Agustin filed a Verified Urgent Motion for Reconsideration on May 3, 2013, attaching his Oath of Allegiance and other documents. However, the COMELEC issued a writ of execution on June 18, 2013, declaring the April 23, 2013 resolution final and executory.

Issue:

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Ruling:

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Ratio:

1. Dual Citizenship Disqualification: A person with dual citizenship is disqualified from running for public office in the Philippines under Section 40(d) of the Local Government Code. Agustin’s use of his U.S. passport after renouncing his U.S. citizenship reinstated his dual citizenship status, rendering him ineligible.
2. Material Misrepresentation: A CoC can be canceled under Section 78 of the Omnibus Election Code if it contains a material misrepresentation. However, the Court found that Agustin did not make any false representation in his CoC at the time of filing.
3. Effect of Disqualification: Under Section 6 of RA 6646, a candidate disqualified by final judgment before the election cannot be voted for, and votes cast for them are not counted. Since Agustin’s disqualification was finalized before the election, the votes for him were stray, and Pillos was declared the winner.
4. Due Process: The Court ruled that Agustin was not denied due process as he was given the opportunity to present his case and file motions for reconsideration.

Conclusion:

• The Supreme Court affirmed the COMELEC’s resolution disqualifying Agustin and declared Salvador S. Pillos the duly elected Mayor of Marcos, Ilocos Norte, in the 2013 elections.