Case Digest (G.R. No. 180048)
Facts:
Roseller De Guzman v. Commission on Elections and Angelina DG. Dela Cruz, G.R. No. 180048, June 19, 2009, the Supreme Court En Banc, Ynares‑Santiago, J., writing for the Court. This is a petition for certiorari with prayer for preliminary injunction and temporary restraining order challenging COMELEC resolutions disqualifying the petitioner.Petitioner Roseller De Guzman and private respondent Angelina DG. Dela Cruz ran for vice‑mayor of Guimba, Nueva Ecija in the May 14, 2007 elections. On April 3, 2007 private respondent filed SPA No. 07‑211 before the Commission on Elections (COMELEC), seeking petitioner’s disqualification on the ground that he was not a Philippine citizen but an immigrant and resident of the United States. Petitioner admitted he was a naturalized American, but stated that he applied under Republic Act No. 9225 (Citizenship Retention and Re‑Acquisition Act of 2003) on January 25, 2006 and took an oath of allegiance on September 6, 2006 to reacquire Philippine citizenship.
On June 15, 2007 the COMELEC First Division (penned by Commissioner Resurreccion Z. Borra, concurred in by Commissioner Romeo A. Brawner) resolved to grant the disqualification petition, reasoning that while Section 3 of R.A. No. 9225 deemed petitioner to have reacquired Philippine citizenship upon his oath of allegiance, Section 5(2) required those who reacquired Philippine citizenship and seek elective office to make a personal and sworn renunciation of any and all foreign citizenship “at the time of the filing of the certificate of candidacy.” The First Division found petitioner had not renounced his American citizenship and therefore was disqualified.
Petitioner moved for reconsideration, but the COMELEC En Banc (October 9, 2007; penned by Commissioner Florentino A. Tuason, Jr., concurred in by then Acting Chairman Resurreccion Z. Borra and other members) dismissed the motion as moot in view of private respondent’s victory in the election. Meanwhile, petitioner filed an election protest (Election Protest No. 07‑01) before Branch 31 of the Regional Trial Court (Guimba, Nueva Ecija). The trial court, in a November 26, 2007 decision, declared petitioner the winner for vice‑mayor by a plurality of 776 votes.
Petitioner then filed the instant petition for certiorari before the Supreme Court, alleging that the COMELEC gravely abused its discretion in (a) disqualifying him for failing to renounce American citizenship and (b) dismissing his motion for reconsideration as moot. He invoked earlier rulings—Frivaldo v. COMELEC and Mercado v. Manzano—arguing that the candidate’s filing of a certificate of candidacy and its oath of allegiance amounted t...(Subscriber-Only)
Issues:
- Did the COMELEC commit grave abuse of discretion in dismissing petitioner’s motion for reconsideration as moot?
- Is petitioner disqualified from running for vice‑mayor for failing to renounce his American citizenship in accordance with Section 5(2) ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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