Case Digest (G.R. No. 182701)
Facts:
Eusebio Eugenio K. Lopez v. Commission on Elections and Tessie P. Villanueva, G.R. No. 182701, July 23, 2008, Supreme Court En Banc, Reyes, R.T., J., writing for the Court.Petitioner Eusebio Eugenio K. Lopez was a candidate for Barangay Chairman of Barangay Bagacay, San Dionisio, Iloilo City in the synchronized Barangay and Sangguniang Kabataan Elections held on October 29, 2007. On October 25, 2007, respondent Tessie P. Villanueva filed a petition for disqualification before the Provincial Election Supervisor of Iloilo, alleging that Lopez was an American citizen and thus ineligible to run for public office.
Petitioner answered that he was a dual citizen under R.A. No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003), having re-acquired Philippine citizenship after previously acquiring American citizenship; he returned to reside in Barangay Bagacay and asserted he therefore met the qualifications to run. After the canvass, Lopez emerged as the winner for barangay chairman.
The Provincial Election Supervisor's matter was elevated to the Commission on Elections (COMELEC), Second Division, which issued SPA 07-198 (BGY) and later an Omnibus Order, and on February 6, 2008 promulgated the challenged Resolution granting Villanueva’s petition and disqualifying Lopez from running as Barangay Chairman. The COMELEC found that Lopez had not made the personal and sworn renunciation of all foreign citizenship at the time of filing his certificate of candidacy as required by law.
Petitioner’s motion for reconsideration before COMELEC was denied. He filed this petition for certiorari under Rule 65, in relat...(Subscriber-Only)
Issues:
- Did the COMELEC commit grave abuse of discretion in disqualifying petitioner?
- Does R.A. No. 9225, Section 5(2) require a personal and sworn renunciation of all foreign citizenship at the time of filing the certificate of candidacy, and did petitioner comply?
- Can the filing of a certificate of candidacy operate as an effective renunciation of foreign citizenship (as petitioner argued relying on Valles...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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