Case Digest (G.R. No. 210200)
Facts:
Petitioner Juliet B. Dano, a natural-born Filipino from Sevilla, Bohol, became a U.S. citizen while working as a nurse. On March 30, 2012, she reacquired Philippine citizenship by taking her Oath of Allegiance before the Vice Consul in Los Angeles. On May 2, 2012, she applied for voter registration in Sevilla and then briefly returned to the U.S. to sell her properties, coming back permanently on September 28, 2012. Two days later, she executed a Sworn Renunciation of Any and All Foreign Citizenship, and on October 4, 2012, filed her Certificate of Candidacy (COC) for Mayor of Sevilla, representing that she had been a resident since May 2, 2012. Private respondent Marie Karen Joy B. Digal petitioned the Commission on Elections (COMELEC) to cancel Dano’s COC for material misrepresentation and non-compliance with the one-year residency requirement under Section 39 of the Local Government Code. On May 8, 2013, the COMELEC First Division canceled Dano’s COC, and on December 15, 2013Case Digest (G.R. No. 210200)
Facts:
- Petitioner’s background and movements
- Juliet B. Dano, natural-born Filipino from Sevilla, Bohol, migrated to the US as a nurse and acquired US citizenship.
- Petitioned for reacquisition of Philippine citizenship under R.A. No. 9225:
- Obtained Sevilla Community Tax Certificate on 2 February 2012.
- Took Oath of Allegiance in Los Angeles on 30 March 2012.
- Applied for voter registration in Sevilla on 2 May 2012 (approved 16 July 2012).
- Returned to the US on 10 May 2012 to dispose of her US assets; returned to the Philippines on 28 September 2012.
- Executed Sworn Renunciation of Any and All Foreign Citizenship on 30 September 2012.
- Certificate of Candidacy (COC) and COMELEC petition
- Dano filed her COC for Mayor of Sevilla on 4 October 2012, representing one-year residency from 2 May 2012 to the 13 May 2013 elections.
- Marie Karen Joy B. Digal (private respondent), daughter of Dano’s rival, filed a petition on 10 October 2012 to cancel Dano’s COC for material misrepresentation—failure to meet the one-year residence requirement under Section 39, Local Government Code (LGC).
- Evidence for Digal:
- Certification of Municipal Assessor—no real property under Dano’s name as of 30 October 2012.
- Certification of COMELEC Election Officer—no voting record as of 30 October 2012.
- Affidavit of Ceferino Digal (private respondent’s father).
- Evidence for Dano:
- Civil Registrar certification (30 January 2012).
- Community Tax Certificate (2 February 2012).
- Voter registration application (2 May 2012).
- Philippine passport (27 April 2012).
- Deed of Absolute Sale of Bohol property (18 May 2012).
- Affidavits of Tristan Cabagnot (Punong Barangay) and Praxides Mosqueda (community leader).
- COMELEC resolutions and subsequent actions
- COMELEC First Division (8 May 2013): Cancelled Dano’s COC for failing to prove uninterrupted one-year domicile, noting her six-month gap before renunciation and four-month US absence.
- Dano moved for reconsideration; assumed office after proclamation on 24 May 2013.
- COMELEC En Banc (15 December 2013): Denied reconsideration, upheld cancellation.
- Dano filed certiorari before the Supreme Court; Maria Emily D. Dagaang (Vice-Mayor-Elect) intervened, claiming succession rights under Section 44, LGC.
Issues:
- Did COMELEC commit grave abuse of discretion in holding that Dano failed to prove compliance with the one-year residency requirement for local elective officials?
- If the cancellation were upheld, who succeeds as Mayor: the next highest vote-getter or the Vice-Mayor (intervenor)?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)