Case Digest (G.R. No. 137000)
Facts:
In Cirilo R. Valles v. Commission on Elections and Rosalind Ybasco Lopez, petitioner Cirilo R. Valles sought certiorari under Rule 65 to challenge the Commission on Elections’ (COMELEC) July 17, 1998 and January 15, 1999 Resolutions in SPA No. 98-336 dismissing his petition for disqualification of respondent Rosalind Ybasco Lopez in the May 1998 Davao Oriental gubernatorial race. Lopez was born on May 16, 1934 in Western Australia to a Filipino father, Telesforo Ybasco, and an Australian mother, Theresa Marquez. She migrated to the Philippines in 1949, married a Filipino in 1952, and thereafter participated continuously in elections—as voter, board member, and governor. In 1992 and 1995 separate disqualification petitions (EPC 92-54 and SPA 95-066) alleged her Australian citizenship, but the COMELEC First Division and en banc dismissed both for lack of proof of express renunciation of Filipino citizenship. In SPA 98-336, Valles again alleged that Lopez had forfeited her PhilippiCase Digest (G.R. No. 137000)
Facts:
- Personal Background of Respondent
- Rosalind Ybasco Lopez was born on May 16, 1934 in Broome, Western Australia to Telesforo Ybasco (Filipino) and Theresa Marquez (Australian).
- In 1949, she settled in the Philippines; married a Filipino in 1952; continuously participated in elections as voter and candidate.
- Electoral History and Disqualification Petitions
- EPC No. 92-54 (1992): Opponent challenged her citizenship; COMELEC en banc dismissed for lack of proof of renunciation of Philippine citizenship.
- SPA No. 95-066 (1995): Similar petition by Francisco Rabat; First Division dismissed, reiterating EPC 92-54.
- SPA No. 98-336 (1998): Cirilo Valles filed petition for disqualification in May 1998 elections; First Division (July 17, 1998) and en banc (Jan. 15, 1999) dismissed, finding no new evidence.
- Petitioner’s Allegations
- 1988 Registrations: Respondent obtained Alien Certificate of Registration No. 404695 (Sept. 19, 1988), Immigrant Certificate of Residence, and Australian Passport No. H700888 (Mar. 3, 1988).
- Alleged Loss of Philippine Citizenship: Petitioner contends that these acts constituted express renunciation.
- Renunciation of Australian Citizenship: Respondent renounced Australian citizenship Jan. 15, 1992; passport cancelled Feb. 11, 1992; petitioner argues repatriation under RA 8171 was required.
- Res Judicata Claim: Petitioner asserts prior COMELEC decisions are not binding and citizenship must be re-examined each time.
Issues:
- Citizenship Status
- Whether respondent effectively lost her Philippine citizenship by registering as an Australian national and holding an Australian passport.
- Application of Res Judicata
- Whether COMELEC properly relied on its prior resolutions (EPC 92-54, SPA 95-066) in dismissing the 1998 petition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)