Case Digest (G.R. No. 83820)
Facts:
On November 19, 1987, Emilio “Lito” R. Osmeña filed his Certificate of Candidacy with the Commission on Elections (COMELEC) for the office of Provincial Governor of Cebu Province in the January 19, 1988 local elections. On January 22, 1988, Jose B. Aznar, acting as Provincial Chairman of Cebu PDP‐Laban, lodged a petition before the COMELEC for Osmeña’s disqualification on the ground that he was allegedly a citizen of the United States and not of the Philippines. Aznar submitted an Immigration and Deportation certification issued by Commissioner Miriam Defensor Santiago attesting that Osmeña held Alien Certificate of Registration No. B-21448 and Immigrant Certificate of Residence No. 133914, both issued in 1958. He also sought a Temporary Restraining Order to enjoin the Cebu Provincial Board of Canvassers from proclaiming Osmeña. On January 28, 1988, the COMELEC en banc allowed canvassing to proceed but suspended Osmeña’s proclamation. During hearings before the COMELEC First DivCase Digest (G.R. No. 83820)
Facts:
- Parties and Subject Matter
- Petitioner: Jose B. Aznar, Provincial Chairman of Cebu-PDP Laban.
- Private Respondent: Emilio “Lito” Osmeña, candidate and proclaimed Provincial Governor of Cebu.
- Relief Sought: Certiorari to assail COMELEC Resolution dated June 11, 1988 dismissing petition for Osmeña’s disqualification.
- Filing of Candidacy and Disqualification Petition
- November 19, 1987 – Osmeña files Certificate of Candidacy for Cebu Governor.
- January 22, 1988 – Aznar files petition with COMELEC to disqualify Osmeña for alleged non-Filipino citizenship.
- Proceedings Before COMELEC
- Petitioner’s Evidence (First Division hearing):
- Certificate by Immig. Commissioner Santiago (ACR No. B-21448; ICR No. 133914, March 1958).
- Alien Registration Form, Alien Certificate No. 015356, Re-entry Permit, Immigration Clearance (1979–1980).
- Respondent’s Evidence and Claim:
- Filipino legitimacy: son of Dr. Emilia Osmeña, grandson of President Sergio Osmeña Sr.
- Holder of valid Philippine Passport No. 0855103 (issued March 25, 1987); continuous residence and voting since 1965.
- COMELEC Actions and Proclamation
- January 28, 1988 – COMELEC en banc orders continued canvassing but suspends proclamation.
- March 3, 1988 – First Division directs proclamation; Osmeña proclaimed Governor.
- June 11, 1988 – COMELEC dismisses disqualification petition for lateness and insufficient proof.
- Supreme Court Petition
- Petition for Certiorari under Rule 65 assailing COMELEC’s June 11, 1988 Resolution.
- En banc resolution: petition dismissed, COMELEC affirmed.
Issues:
- Timeliness
- Was the petition for disqualification filed within the period prescribed by Section 78 or Section 253 of the Omnibus Election Code?
- Citizenship Qualification
- Did private respondent lose Philippine citizenship under Commonwealth Act No. 63 by naturalization, express renunciation, or oath of allegiance to the United States?
- Is dual citizenship permissible absent express renunciation and applicable law?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)