Case Digest (G.R. No. 209835)
Facts:
Rogelio Batin Caballero v. Commission on Elections and Jonathan Enrique V. Nanud, Jr., G.R. No. 209835, September 22, 2015, the Supreme Court En Banc, Peralta, J., writing for the Court.Petitioner Rogelio Batin Caballero and private respondent Jonathan Enrique V. Nanud, Jr. both ran for Mayor of Uyugan, Batanes in the May 13, 2013 elections. Nanud filed a verified petition to deny due course to or cancel Caballero’s Certificate of Candidacy (COC), alleging that Caballero had been a Canadian citizen and a nonresident of Uyugan when he filed his COC and therefore made a false material representation as to his residency.
At a December 10, 2012 conference Caballero, through counsel, asserted defective service (registered mail to an incorrect address) but received a copy of the petition during the conference; he did not file an Answer but submitted a Memorandum denying the substantial allegations. Caballero had filed his COC on October 3, 2012; he averred that he took an Oath of Allegiance before the Philippine Consul General in Toronto on September 13, 2012 and thereafter renounced his Canadian citizenship (Affidavit of Renunciation executed October 1, 2012) to comply with RA No. 9225. He also claimed continued ties to Uyugan and nine months’ actual residence there prior to the election.
On May 3, 2013 the COMELEC First Division issued a Resolution canceling Caballero’s COC, finding material misrepresentation as to the one-year residency required by Section 39, RA No. 7160 (Local Government Code); it held that Caballero’s naturalization as a Canadian effectually abandoned his domicile of origin and that reacquisition of Philippine citizenship under RA No. 9225 did not automatically restore residency. Caballero moved for reconsideration before the COMELEC En Banc; the En Banc denied the motion on November 6, 2013.
Elections were held May 13, 2013; Caballero was proclaimed mayor on May 14, but Nanud sought to defer proclamation and later filed a Petition to Annul Proclamation. Following the affirmed COMELEC resolutions, a Writ of Execution issued December 12, 2013 and Nanud took his Oath of Office December 20, 2013. Caballero filed a petition for certiorari (Rule 65) with prayer for a temporary restraining order before the Supreme Court seeking to set aside the COMELEC Resolutions; he assailed (1) COMELEC’s alleged disregard of procedural requirements under COMELEC Reso...(Pro-only)
Issues:
- Should the COMELEC have denied Nanud’s petition for failure to comply with the service requirements of COMELEC Resolution No. 9523 (Rule 23, Sec. 4)?
- Did Caballero abandon his Philippine domicile by naturalizing as a Canadian, and does reacquisition of Philippine citizenship under RA No. 9225 automatically restore his domicile for purposes of the one-year residency requirement in Section 39, RA No. 7160?
- If Caballero had abandoned his domicile and reacquired Philippine citizenship, did his nine months’ actual stay in Uyugan before the May 13, 2013 elections constitute substantial compliance with the one-year residency requirement; and w...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)