Case Summary (G.R. No. 118702)
Petitioner and Respondent
Petitioner: Gaudencio M. Cordora, a local political candidate and complainant.
Respondents: Commission on Elections En Banc (COMELEC) and Councilor Gustavo S. Tambunting.
Key Dates
– December 2, 2000: Tambunting allegedly naturalized as an American citizen (per petition).
– May 14, 2001: Election date referenced in residency claim.
– August 18, 2006: COMELEC En Banc dismissal of Cordora’s complaint.
– February 20, 2007: COMELEC En Banc denial of motion for reconsideration.
– February 19, 2009: Supreme Court decision date.
Applicable Law
– 1987 Philippine Constitution (citizenship and elective office qualifications)
– Section 74 and Section 262 of the Omnibus Election Code (contents of certificate of candidacy; election offenses)
– Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003)
Factual Background
Cordora alleged that Tambunting falsely declared in his Certificates of Candidacy that he was a natural-born Filipino citizen, had the required years of residence, and was eligible for office. Cordora relied on Bureau of Immigration certifications showing Tambunting’s use of an American passport and claimed a December 2, 2000 naturalization in Hawaii. Tambunting countered with his birth certificate (Filipino mother, American father), proof that he never naturalized abroad, dual citizenship by birth, and continuous residency in the Philippines.
Proceedings Below
The COMELEC Law Department recommended dismissal for insufficient proof that Tambunting held American citizenship. The COMELEC En Banc adopted this recommendation, finding no probable cause. A separate concurring opinion observed that Tambunting renounced any foreign allegiance by filing and swearing to his Certificates of Candidacy. The motion for reconsideration was likewise denied.
Issue Presented
Whether the COMELEC En Banc gravely abused its discretion in dismissing for lack of sufficient evidence the complaint accusing Tambunting of willfully making false statements in his Certificates of Candidacy, thereby warranting certiorari and mandamus relief.
Probable Cause Standard
Probable cause entails facts and circumstances that would lead a reasonably prudent person to believe an offense occurred. Its determination requires an intellectual assessment of submitted documentary or testimonial evidence.
Supreme Court Ruling on Probable Cause
The Court held that COMELEC did not abuse its discretion. Cordora failed to present sufficient and convincing evidence that Tambunting knowingly made untruthful entries. The dismissal for lack of probable cause was affirmed.
Analysis of Dual Citizenship
Tambunting’s birth to a Filipino mother and an American father conferred dual citizenship under jus sanguinis and jus soli principles. He did not undergo voluntary naturalization abroad; the U.S. citizenship confirmation via Form I-130 merely acknowledged what he already possessed by birth. Dual citizenship, unlike dual allegiance, is an involuntary legal status and does not disqualify one from elective local office.
Qualifications for Dual Citizens Seeking Office
Jurisprudence
...continue readingCase Syllabus (G.R. No. 118702)
Procedural Posture
- Petition for certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure, with prayer for issuance of a temporary restraining order.
- Originated in EO Case No. 05-17 before the COMELEC Law Department, where Cordora accused Tambunting of violating Section 74 in relation to Section 262 of the Omnibus Election Code.
- COMELEC En Banc dismissed the complaint by Resolution dated 18 August 2006 and denied Cordora’s motion for reconsideration by Resolution dated 20 February 2007.
- Cordora elevated the matter to the Supreme Court seeking reversal of both COMELEC En Banc Resolutions.
Facts
- Tambunting filed Certificates of Candidacy for local office in 2001 (Annex A) and 2004 (Annex B), declaring:
• Natural-born Filipino citizen (No. 6)
• Residence: 36 years in the Philippines, 25 years in the constituency (No. 9)
• Eligibility for the office sought (No. 12) - Cordora presented Bureau of Immigration certifications showing Tambunting claimed “American” status on arrival (16 December 2000) and departure (17 June 2001).
- Tambunting allegedly acquired American citizenship by naturalization on 2 December 2000 in Honolulu, Hawaii.
- Cordora concluded Tambunting knowingly misrepresented his citizenship and residency in violation of Section 74, OEC.
Petitioner's Claims
- Tambunting was not a natural-born Filipino citizen and had lost Philippine citizenship upon American naturalization.
- Tambunting’s residency statement was false because naturalization as an American terminated Philippine residency.
- Cordora sought prosecution for knowingly making untruthful statements in the Certificates of Candidacy, not mere disqualification proceedings.
Respondent's Defenses
- Tambunting submitted his Philippine birth certificate showing a Filipino mother and American father, establishing natural-born dual citizenship at birth.
- He denied having been naturalized as an American citizen; INS Form I-130 merely confirmed citizenship acquired at birth.
- Possession of an American passport did not negate Filipino citizenship.
- Tambunting took the oath of allegiance under R.A. No. 9225 on 18 November