Case Digest (G.R. No. 179848)
Facts:
- Petitioner Nestor A. Jacot was disqualified from running for Vice-Mayor of Catarman, Camiguin, in the 14 May 2007 National and Local Elections.
- Jacot, a natural-born Filipino, became a naturalized US citizen on 13 December 1989.
- He sought to reacquire his Philippine citizenship under Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act).
- On 19 June 2006, Jacot took his Oath of Allegiance to the Republic of the Philippines at the Philippine Consulate General in Los Angeles, California.
- He received an Identification Certificate from the Bureau of Immigration on 27 September 2006, recognizing him as a Filipino citizen.
- On 26 March 2007, Jacot filed his Certificate of Candidacy for Vice-Mayor.
- On 2 May 2007, respondent Rogen T. Dal filed a Petition for Disqualification against Jacot, arguing that Jacot failed to renounce his US citizenship as required under Section 5(2) of Republic Act No. 9225.
- The COMELEC Second Division disqualified Jacot on 12 June 2007, a decision later affirmed by the COMELEC en banc on 28 September 2007.
- Jacot filed a Special Civil Action for Certiorari under Rule 65 of the Revised Rules of Court, presenting an "Affidavit of Renunciation of Allegiance to the United States and Any and All Foreign Citizenship" dated 7 February 2007 for the first time.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that Jacot is disqualified from running for the position of Vice-Mayor of Catarman, Camiguin, in the 14 May 2007 National and Local Elections.
- The Court affirmed the COMELEC en banc's Resolution dated 28 September 2007, which upheld the COMELEC Second Division's Resolution dated 1...(Unlock)
Ratio:
- The Court found that Jacot failed to comply with the explicit requirement of Section 5(2) of Republic Act No. 9225, which mandates a personal and sworn renunciation of any and all foreign citizenship before filing a certificate of candidacy.
- Jacot's Oath of Allegiance to the Republic of the Philippines and the oath in his Certificate of Candidacy were deemed insufficient as they did not constitute a renunciation of his US citizenship.
- The Court emphasized that the oath of allegiance under Section 3 of Republic Act No. 9225 and the renunciation of foreign citizenship under Section 5(2) are distinct requirements serving different purposes.
- The legislative intent...continue reading
Case Digest (G.R. No. 179848)
Facts:
The case of Jacot v. Dal involves petitioner Nestor A. Jacot, who was disqualified from running for the position of Vice-Mayor of Catarman, Camiguin, in the 14 May 2007 National and Local Elections. Jacot, originally a natural-born Filipino, became a naturalized US citizen on 13 December 1989. He sought to reacquire his Philippine citizenship under Republic Act No. 9225, also known as the Citizenship Retention and Re-Acquisition Act. On 19 June 2006, Jacot took his Oath of Allegiance to the Republic of the Philippines at the Philippine Consulate General (PCG) in Los Angeles, California, and subsequently received an Identification Certificate from the Bureau of Immigration on 27 September 2006, recognizing him as a Filipino citizen. On 26 March 2007, Jacot filed his Certificate of Candidacy for Vice-Mayor. However, on 2 May 2007, respondent Rogen T. Dal filed a Petition for Disqualification against Jacot, arguing that Jacot failed to renounce his US citizenship as required under Section 5(2) of Republic Act No. 9225. The COMELEC Second Division disqualified Jacot on 12 June 2007, a decision later affirmed by the COMELEC en banc on 28 September 2007. Jacot then filed a Special Civil Action for Certiorari under Rule 65 of the Revised Rules of Court, presenting an "Affidavit of Renunciation of Allegiance to the United States and Any and All Foreign Citizenship" dated 7 February 2007 for the first time.
Issue:
- Whether or not the COMELEC exercised grave abuse of discretion in holding that Jacot failed to comply with Section 5(2) of Republic Act No. 9225 re...