Case Digest (G.R. No. 195649)
Facts:
Petitioner Casan Macode Maquiling challenged the proclamation of Respondent Rommel Arnado y Cagoco as Mayor of Kauswagan after Arnado, a natural-born Filipino who reacquired Philippine citizenship under R.A. No. 9225, filed his certificate of candidacy on 30 November 2009. A petition by Respondent Linog G. Balua alleged Arnado remained a United States citizen and presented immigration records showing Arnado used a U.S. passport after executing an affidavit of renunciation on 3 April 2009.
The COMELEC First Division disqualified Arnado, annulled his proclamation and invoked the order of succession under Section 44 of the Local Government Code; the COMELEC En Banc reversed and found Arnado qualified. Maquiling intervened and elevated the matter to the Court by certiorari under Rules 64 and 65.
Issues:
- Is intervention by a rival candidate permitted in a disqualification proceeding?
- Does use of a foreign passport after renouncing foreign citizenship affect eligibility to run for local elective office under R.A. No. 9225 and other controlling law?
- If a winning candidate is disqualified, does the order of succession under Section 44 of the Local Government Code apply or should the second-placer be proclaimed?
Ruling:
The petition was GRANTED. The Court held that intervention by a rival candidate is proper under Section 6 of R.A. No. 6646 when no final judgment has been rendered. The Court ruled that Arnado’s use of his U.S. passport after his renunciation did not divest him of Philippine citizenship but did recant the sworn renunciation required to qualify for elective office, so he was disqualified under Section 40(d) of the Local Government Code. Consequently, Arnado’s certificate of candidacy was void ab initio, the votes cast for him were stray, and Casan Macode Maquiling was declared the duly elected Mayor; the succession rule of Section 44 therefore did not apply.
Ratio:
The Court applied the twin requirements of R.A. No. 9225: the Oath of Allegiance and a personal sworn renunciation of foreign citizenship for those seeking elective office. While reacquisition of Philippine citizenship creates a presumption of sole allegiance, that presumption may be rebutted by positive voluntary acts showing continued foreign citizenship. The use of a foreign passport after renunciation is a positive act of representation that effectively reverted Arnado to dual-citizen status at the moment of its use and thus negated the renunciation required for candidacy; although not an enumerated ground in Commonwealth Act No. 63, it repudiates the oath of renunciation for purposes of electability. Because a candidate who was never legally a candidate cannot have his votes counted, the Court treated Arnado’s COC as void ab initio and proclaimed the highest-placed qualified candidate the winner instead of applying the Local Government Code succession rule.
Doctrine:
- Intervention in disqualification proceedings is allowed under Section 6 of R.A. No. 6646 while no final judgment has been rendered.
- R.A. No. 9225 requires both the Oath of Allegiance and a personal sworn renunciation of foreign citizenship to qualify a former foreign-naturalized Filipino for elective office.
- Positive, voluntary acts after renunciation that represent the actor as a foreign national — such as using a foreign passport — may rebut the presumption of sole Philippine citizenship for purposes of candidacy.
- A certificate of candidacy void ab initio produces no legal effect and votes cast for a non-candidate are stray votes and must be disregarded.
- The order of succession under Section 44 of the Local Government Code does not apply where the proclaimed winner was never a valid candidate and the next highest vote-getter among qualified candidates must be proclaimed.