Case Digest (G.R. No. 195649)
Facts:
CASAN MACODE MACQUILING, Petitioner, challenged the qualification of ROMMEL ARNADO Y CAGOCO, Respondent, who had been proclaimed Mayor after the May 2010 elections; COMELEC divisions differed on whether Arnado had used his U.S. passport after renouncing U.S. citizenship, and the case reached the Supreme Court following the Court's April 16, 2013 decision and Arnado's motions for reconsideration filed May 10 and May 20, 2013. Arnado executed an Affidavit of Renunciation of American Citizenship on April 3, 2009, took the Oath of Allegiance under RA 9225, but presented his U.S. passport on multiple occasions after that renunciation according to immigration records, raising the question whether he retained foreign citizenship at the time he filed his certificate of candidacy.
Issues:
- Did ROMMEL ARNADO Y CAGOCO’s use of his U.S. passport after his renunciation negate the efficacy of that renunciation and result in dual citizenship at the time of his certificate of candidacy?
- If Arnado possessed dual citizenship when he filed his candidacy, was he thereby disqualified under Section 40(d) of the Local Government Code and Section 5(2) of RA 9225?
Ruling:
The Court denied the Motions for Reconsideration with finality and affirmed that Arnado possessed another citizenship at the time he filed his certificate of candidacy, thereby rendering him disqualified under Section 40(d) of the Local Government Code. The Court found the COMELEC En Banc conclusion that Arnado discontinued use of his U.S. passport upon receipt of a Philippine passport to be based on a misapprehension of the facts.
Ratio:
The Court held that while RA 9225 facilitates reacquisition of Philippine citizenship, Section 5(2) requires those seeking elective office to renounce any and all foreign citizenship, and Section 40(d) bars dual citizens from local elective posts; the renunciation must be complete and unequivocal. The Court treated the use of a foreign passport as a positive declaration that the issuing state recognizes the holder as its national, and, absent proper proof of the efficacy of renunciation or admissible foreign-law evidence, Arnado’s documented use of his U.S. passport after renunciation undermined the claimed divestment of U.S. citizenship.
Doctrine:
- The use of a foreign passport constitutes a positive declaration that the issuing state recognizes the holder as its national.
- RA 9225 allows reacquisition of Philippine citizenship but Section 5(2) mandates a personal and sworn renunciation of any and all foreign citizenship when filing for elective office.
- Section 40(d) of the Local Government Code disqualifies persons with dual citizenship from running for any elective local position.
- Courts may not take judicial notice of foreign laws; such laws must be proved as public documents under Rule 132, Secs. 19 and 24.
- Findings of administrative bodies are final and binding unless shown to be tainted by grave abuse of discretion or lacking substantial evidence.