Case Summary (G.R. No. 209835)
Petitioner
Rogelio Batin Caballero—a former Canadian naturalized citizen—filed a COC on October 3, 2012 declaring he had reacquired Philippine citizenship under RA 9225, renounced his Canadian nationality on October 1, 2012, and resided in Uyugan for at least one year preceding the election.
Respondent
Jonathan Enrique V. Nanud, Jr.—Caballero’s electoral opponent—filed a verified petition alleging that Caballero had made a material misrepresentation by claiming one-year Uyugan residency despite holding Canadian citizenship and residing abroad.
Key Dates
• September 13, 2012: Caballero takes Oath of Allegiance under RA 9225 before Philippine Consul General in Toronto.
• October 1, 2012: Caballero executes Affidavit of Renunciation of Canadian citizenship in Batanes.
• October 3, 2012: Filing of Caballero’s COC.
• December 10, 2012: Conference where Caballero received personal notice of Nanud’s petition.
• May 3, 2013: COMELEC First Division cancels Caballero’s COC.
• May 13, 2013: Elections held; Caballero proclaimed winner.
• May 16–17, 2013: Motions for reconsideration and petition to annul proclamation filed.
• November 6, 2013: COMELEC En Banc denies reconsideration.
• December 20, 2013: Nanud takes his oath of office.
• September 22, 2015: Supreme Court renders decision.
Applicable Law
• 1987 Constitution (post-1990 decisions): Qualifications for local elective office.
• Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003): Procedures for reacquiring Philippine citizenship and requirements for seeking elective office.
• Republic Act No. 7160 (Local Government Code of 1991), Section 39: One-year residency requirement in locality prior to election.
• Omnibus Election Code, Sections 74 and 78: Contents of COC and ground for cancellation based on material misrepresentation.
• COMELEC Rules of Procedure (Resolution No. 9523): Service requirements for petitions to cancel COCs.
Factual Background
Caballero, born in Uyugan, pursued work abroad and became a Canadian citizen in 2007. He returned under RA 9225, took the Philippine Oath of Allegiance in September 2012, renounced Canadian citizenship in October 2012, and filed his COC, asserting one-year Uyugan residency. Nanud filed a petition to cancel the COC, contending Caballero’s declaration was false since his domicile had shifted to Canada.
Procedural History
Nanud’s petition was served by registered mail and later during the December 10, 2012 conference. Caballero declined to file a formal answer but submitted a memorandum. The COMELEC First Division granted Nanud’s petition on May 3, 2013, canceling Caballero’s COC for failing the one-year residency. Caballero sought reconsideration before the En Banc and then filed a Rule 65 certiorari petition in the Supreme Court after En Banc denial.
Issue on Procedural Compliance
Caballero argued Nanud’s petition should have been dismissed for lack of proper personal service and missing affidavit under Rule 23, Section 4 of the COMELEC Rules. The Court found no deprivation of due process: Nanud’s later personal service at the conference, the liberal construction of COMELEC rules in election cases, and the Commission’s power to suspend procedural rules in the interest of justice justified acceptance of the petition.
Issue on Residency and Domicile
Central to eligibility is Section 39 of the Local Government Code, requiring one-year residency (domicile) immediately preceding the election. While RA 9225 reacquires citizenship, it does not address residency; domicile is dictated by intent and physical presence, distinc
Case Syllabus (G.R. No. 209835)
Facts
- Rogelio Batin Caballero and Jonathan Enrique V. Nanud, Jr. were mayoralty candidates in Uyugan, Batanes during the May 13, 2013 elections.
- Nanud filed, in December 2012, a petition to deny due course to or cancel Caballero’s Certificate of Candidacy (COC), alleging Caballero falsely represented his eligibility by declaring Philippine residency despite holding Canadian citizenship.
- Caballero maintained he was not personally served with the petition but received a copy during the COMELEC conference on December 10, 2012. He did not file an Answer; instead, he submitted a Memorandum asserting:
• He reacquired Philippine citizenship under RA 9225 by taking an Oath of Allegiance on September 13, 2012 in Toronto.
• He renounced his Canadian citizenship on October 1, 2012 in Batanes.
• He never abandoned his domicile of origin in Uyugan, though he worked abroad, returning home for vacations.
COMELEC First Division Resolution (May 3, 2013)
- The First Division granted Nanud’s petition and cancelled Caballero’s COC for material misrepresentation of residency.
- Findings:
• Caballero validly reacquired Philippine citizenship and renounced Canadian citizenship under RA 9225.
• He failed to comply with the one-year residency requirement of Section 39, LGC, because naturalization abroad abandoned his domicile of origin and he did not reestablish it for the required period.
Subsequent Proceedings
- Elections on May 13, 2013 resulted in Caballero’s proclamation as mayor.
- Nanud filed a Motion to Defer Proclamation and a Petition to Annul Proclamation.
- Caballero’s Motion for Reconsideration wa