Case Digest (G.R. No. 195649) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Casan Macode Macquiling v. Commission on Elections, Rommel Arnado y Cagoco, and Linog G. Balua (G.R. No. 195649, July 2, 2013), petitioner Macquiling challenged the Commission on Elections (COMELEC) rulings on respondent Arnado’s qualification as mayor of Kauswagan, Lanao del Norte. Arnado, a natural-born Filipino who had earlier acquired U.S. citizenship, filed a Certificate of Candidacy for the May 2010 local elections after purportedly reacquiring Philippine citizenship under Republic Act No. 9225 by taking the Oath of Allegiance and executing an Affidavit of Renunciation of American citizenship on April 3, 2009. Despite these acts, the COMELEC First Division found that Arnado used his U.S. passport six times between April 2009 and March 2010, disqualifying him under Section 40(d) of the Local Government Code (dual citizenship). The COMELEC En Banc later reduced the number of passport uses to four and reinstated Arnado on the ground that his Philippine passport had not yet Case Digest (G.R. No. 195649) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Petition
- Petitioner: Casan Macode Macquiling filed a petition before the Commission on Elections (COMELEC) contesting the eligibility of Rommel Arnado y Cagoco to run for Mayor of Kauswagan, Lanao del Norte in the May 2010 elections.
- Respondents: Commission on Elections, Rommel Arnado y Cagoco, and Linog G. Balu.
- Citizenship Status and Candidacy
- Arnado is a natural-born Filipino who acquired U.S. citizenship by naturalization.
- Under Republic Act No. 9225 (RA 9225), he reacquired Philippine citizenship by taking the Oath of Allegiance and executed an Affidavit of Renunciation of American Citizenship on April 3, 2009.
- At the time he filed his certificate of candidacy, he declared himself both a Filipino and an American citizen.
- Use of U.S. Passport and COMELEC Findings
- COMELEC First Division found that Arnado used his U.S. passport six times after executing his Affidavit of Renunciation.
- COMELEC En Banc amended the finding to four uses, accepting Arnado’s explanation that his Philippine passport was not yet issued on certain travel dates.
- Supreme Court Proceedings
- On April 16, 2013, the Supreme Court rendered a decision declaring Arnado disqualified under Section 40(d) of the Local Government Code for having dual citizenship when he filed his certificate of candidacy.
- Arnado filed a Motion for Reconsideration on May 10, 2013, and a Supplemental Motion for Reconsideration on May 20, 2013.
- The present Resolution addresses and denies both motions.
Issues:
- Whether Arnado’s use of his U.S. passport after renouncing U.S. citizenship effectively nullified his renunciation and left him holding dual citizenship at the time he filed his certificate of candidacy.
- Whether a person who possesses dual citizenship at the time of filing a certificate of candidacy is disqualified from running for local elective office under Section 40(d) of the Local Government Code read together with RA 9225.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)