Case Digest (G.R. No. 76647)
Facts:
In Rommel C. Arnado v. Commission on Elections and Florante Capitan (G.R. No. 210164, August 18, 2015), petitioner Rommel C. Arnado was a natural-born Filipino who lost his citizenship by naturalizing in the United States. Under Republic Act No. 9225, he applied for repatriation before the Philippine Consulate in San Francisco, took the required Oath of Allegiance on July 10, 2008, and executed an Affidavit of Renunciation of all foreign citizenship on April 3, 2009. In November 2009 he filed his Certificate of Candidacy (CoC) for mayor of Kauswagan, Lanao del Norte, in the May 10, 2010 elections and won. A rival candidate filed a disqualification petition alleging Arnado’s continued use of his U.S. passport negated his renunciation. The Comelec First Division disqualified him, but the Comelec En Banc reversed. On April 16, 2013, this Court in Maquiling v. Comelec annulled that reversal, disqualified Arnado for the 2010 elections, and proclaimed the second-placer mayor. MeanwhilCase Digest (G.R. No. 76647)
Facts:
- Petitioner’s citizenship journey
- Rommel C. Arnado was a natural-born Filipino who lost his citizenship upon naturalization as a U.S. citizen.
- Under RA 9225, he took an Oath of Allegiance to the Republic on July 10, 2008, and the re-acquisition order was issued the same day.
- He executed an Affidavit of Renunciation of foreign citizenship on April 3, 2009.
- He was issued a Philippine passport on June 18, 2009 (received September 2009) but used his U.S. passport for earlier 2009 trips.
- From December 11, 2009 onward, he used his Philippine passport for foreign travel.
- May 10, 2010 election disqualification (SPA No. 10-109 (DC))
- Arnado filed his Certificate of Candidacy (CoC) on November 30, 2009, and executed another Renunciation affidavit.
- Rival candidate Balua filed a disqualification petition; the Comelec First Division disqualified Arnado, but the En Banc reversed on February 2, 2011.
- This Court’s April 16, 2013 Decision in Maquiling v. Comelec annulled the En Banc ruling, disqualified Arnado for 2010, and declared Maquiling duly elected.
- May 13, 2013 election and related petitions (SPA No. 13-309 (DC))
- While Maquiling was pending, Arnado filed his CoC for 2013 on October 1, 2012; Capitan also filed.
- On May 9, 2013 Arnado executed an Affidavit affirming his April 3, 2009 renunciation.
- On May 10, 2013 Capitan filed a petition to disqualify Arnado for 2013, but Arnado won the May 13 election with 84% of votes.
- The Comelec Second Division (September 6, 2013) disqualified Arnado; the Comelec En Banc (December 9, 2013) affirmed and proclaimed Capitan mayor.
- Arnado then filed this Rule 64/65 certiorari petition with ancillary injunctive relief.
Issues:
- Procedural challenges
- Whether the Comelec should have dismissed Capitan’s petitions for forum-shopping or late filing.
- Whether Commissioner Yusoph’s participation in reviewing his own Second Division decision violated due process.
- Substantive eligibility questions
- Whether the Comelec’s disqualification disenfranchised the 84% majority of Kauswagan voters.
- Whether Arnado had fully complied with RA 9225 before his October 1, 2012 CoC filing and was thus qualified to run.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)