Case Digest (G.R. No. L-55072)
Facts:
Cordora v. Commission on Elections and Tambunting, G.R. No. 176947, February 19, 2009, the Supreme Court En Banc, Carpio, J., writing for the Court. Petitioner Gaudencio M. Cordora filed an election complaint in EO Case No. 05-17 against respondent Gustavo S. Tambunting for alleged misrepresentations in his certificates of candidacy (COCs) for the 2001 and 2004 elections, invoking Section 74 in relation to Section 262 of the Omnibus Election Code; the Commission on Elections (COMELEC) En Banc dismissed the complaint on 18 August 2006 and denied a motion for reconsideration on 20 February 2007. The present petition for certiorari and mandamus (with prayer for a temporary restraining order) under Rule 65 of the 1997 Rules of Civil Procedure seeks reversal of those COMELEC Resolutions.In his complaint affidavit before the COMELEC Law Department, Cordora alleged that certain statements in Tambunting’s COCs were false — specifically the declarations that Tambunting was a natural-born Filipino (No. 6), had the requisite years of residence (No. 9), and was eligible for the office sought (No. 12). Cordora produced a Bureau of Immigration certification showing that on two occasions Tambunting declared himself an American in travel documents and alleged that Tambunting had been naturalized in Honolulu, Hawaii on December 2, 2000; Cordora therefore concluded Tambunting lost Filipino citizenship and residency and knowingly swore to false facts.
Tambunting responded with his birth certificate showing a Filipino mother and an American father and explained that the U.S. INS Form I-130 procedure merely confirmed citizenship he acquired at birth; he denied naturalization, argued he possessed dual citizenship by birth, and noted he took an oath under R.A. No. 9225 on 18 November 2003. Tambunting also asserted residency in the Philippines since birth and that residency is distinct from citizenship.
The COMELEC Law Department recommended dismissal for insufficiency of evidence. The COMELEC En Banc adopted the recommendation and dismissed the complaint on 18 August 2006 for lack of probable cause; Commissioner Rene V. Sarmiento filed a separate concurring opinion observing that Tambunting could be a dual citizen and effectively renounced any foreign allegiance when he filed his COCs. Cordora’s motion for reconsidera...(Subscriber-Only)
Issues:
- Did the COMELEC commit grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the complaint against Tambunting?
- Was there probable cause to hold Tambunting for trial for violating Section 74 in relation to Section 262 of the Omnibus Election Code by making false statements in his ce...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)