Jacot vs. Dal

Facts:

Nestor A. Jacot v. Rogen T. Dal and Commission on Elections, G.R. No. 179848, November 27, 2008, the Supreme Court En Banc, Chico‑Nazario, J., writing for the Court. Petitioner Nestor A. Jacot (petitioner) challenged the COMELEC En Banc Resolution of 28 September 2007 in SPA No. 07‑361, which affirmed the COMELEC Second Division Resolution of 12 June 2007 disqualifying him from running as Vice‑Mayor of Catarman, Camiguin in the 14 May 2007 elections.

Petitioner, a natural‑born Filipino, became a naturalized United States citizen on 13 December 1989. Seeking to reacquire Philippine citizenship under the Citizenship Retention and Re‑Acquisition Act (Republic Act No. 9225), he requested administration of the Oath of Allegiance at the Philippine Consulate General in Los Angeles. The Los Angeles PCG issued an Order of Approval on 19 June 2006, and petitioner took the Oath of Allegiance before Vice‑Consul Edward C. Yulo on the same day. The Bureau of Immigration issued Identification Certificate No. 06‑12019 recognizing him as a Philippine citizen on 27 September 2006.

Petitioner filed his Certificate of Candidacy for Vice‑Mayor on 26 March 2007. On 2 May 2007 respondent Rogen T. Dal filed a Petition for Disqualification with the COMELEC Provincial Office, alleging that petitioner had not made the personal and sworn renunciation of his US citizenship required by Section 5(2) of RA 9225. Petitioner maintained before COMELEC that his Oath of Allegiance before the PCG and the oath contained in his Certificate of Candidacy sufficed as renunciation.

The 14 May 2007 elections were held and petitioner received the highest number of votes for Vice‑Mayor. On 12 June 2007 the COMELEC Second Division disqualified him for failure to make the required personal and sworn renunciation, distinguishing this case from Valles v. COMELEC and Mercado v. Manzano because those involved dual citizenship by birth, whereas petitioner had lost Filipino citizenship by naturalization. Petitioner filed a motion for reconsideration and attached an “Oath of Renunciation …” dated 27 June 2007; the COMELEC en banc denied reconsideration on 28 September 2007.

Petitioner then filed a Special Civil Action for Certiorari under Rule 65 with the Court, presenting for the first time an “Affidavit of Renunciation …” dated 7 February 2007 which he claimed showed compliance with Section 5(2) prior to filing his CO...(Pro-only)

Issues:

• Did the COMELEC commit grave abuse of discretion by holding that petitioner failed to comply with Section 5(2) of RA 9225 (personal and sworn renunciation of foreign citizenship) when filing his certificate of candidacy?
• Did the COMELEC commit grave abuse of discretion with respect to its application of the COMELEC Rules of Procedure concerning the payment of necessary motion fees?
• Would upholding the COMELEC decision frustrate the will of the people of Catarman, Camiguin (i.e., can the...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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