G.R. No. 176947 - Cordora vs. Commission on Elections

Petitioner Gaudencio M. Cordora filed EO Case No. 05-17 before the COMELEC Law Department, accusing Respondent Councilor Gustavo S. Tambunting of violating Section 74 in relation to Section 262 of the Omnibus Election Code by making false statements in his Certificates of Candidacy (CoC) for the 2001 and 2004 elections.
The COMELEC Law Department recommended dismissal for lack of substantiation. The COMELEC En Banc issued a Resolution on 18 August 2006 dismissing the complaint for insufficiency of evidence and denied Cordora’s motion for reconsideration on 20 February 2007. Cordora then petitioned the Supreme Court via Rule 65 for certiorari and mandamus.

That CoC Annexes A and B contained sworn statements that Tambunting was a natural-born Filipino citizen (No. 6), had maintained residency for the required years (No. 9), and was eligible for office (No. 12).
That Bureau of Immigration certifications showed Tambunting traveled on an American passport after allegedly naturalizing in Honolulu on 2 December 2000, thus invalidating his claims.

He is a natural-born Filipino by virtue of a Filipino mother and an American father; the U.S. petition (INS Form I-130) merely confirmed birthright citizenship and was not a naturalization.
He neither lost Filipino citizenship nor residency; he has continuously resided in Parañaque, speaks Filipino, was educated in Philippine schools, and served as councilor. He also took the Section 3 oath under R.A. 9225 but did not require the renunciation/dual-allegiance steps applicable only to naturalized Filipinos.

Whether the COMELEC En Banc gravely abused its discretion by finding no probable cause to charge Tambunting with making untruthful statements in his CoC.
Whether Tambunting’s dual citizenship or residency status rendered his CoC statements false and thus constituted an election offense under Sections 74 and 262 of the Omnibus Election Code.