Case Summary (G.R. No. 156367)
Facts
Rommel Arnado, a natural-born Filipino who became a naturalized U.S. citizen, applied for repatriation under RA 9225. He took the required Oath of Allegiance on July 10, 2008, and again on April 3, 2009, executing a sworn renunciation of his U.S. citizenship. Despite that renunciation, immigration records show he used his U.S. passport to travel in and out of the Philippines four times between April and November 2009. He obtained a Philippine passport on June 18, 2009, and thereafter used it exclusively. On November 30, 2009, he filed his Certificate of Candidacy for mayor of Kauswagan, Lanao del Norte.
COMELEC First Division Ruling
Linog Balua filed a petition on April 28, 2010, to disqualify or cancel Arnado’s candidacy, alleging lack of residency and foreign citizenship. The First Division treated it as a disqualification case. It found no residency issue but held that Arnado’s continued use of his U.S. passport negated his sworn renunciation, indicating no genuine intent to abandon his U.S. citizenship. Accordingly, it granted the petition, annulled his proclamation, and ordered succession under Section 44 of the Local Government Code.
COMELEC En Banc Ruling
On reconsideration, the en banc reversed the First Division. It held that once Arnado renounced U.S. citizenship under RA 9225, he became a pure Filipino again and that isolated use of a foreign passport does not “un-renounce” what was duly renounced. It distinguished the case from precedent involving naturalized Filipinos bound by stricter allegiance rules. It accepted Arnado’s explanation that he had not yet received his Philippine passport when he used the U.S. passport in late 2009. Maquiling’s intervention to claim the mayoralty was denied, and Arnado’s proclamation was upheld.
Intervention and Applicable Legal Provisions
Republic Act No. 6646, Section 6, permits intervention in disqualification proceedings even after proclamation, so long as no final judgment has been rendered. Local Government Code Section 40(d) disqualifies dual citizens from running for elective local office. Section 44 prescribes vice-mayor succession if a mayoralty vacancy occurs.
Supreme Court’s Analysis on Intervention
The Court confirmed that Maquiling properly intervened before the COMELEC en banc under RA 6646, Section 6. Intervention does not cease because an en banc resolution has been issued. Maquiling’s interest in succession upon Arnado’s disqualification justified his participation in the case before final resolution by this Court.
Supreme Court’s Analysis on Citizenship and Passport Use
The Court recognized that Arnado complied with the twin requirements of RA 9225—taking an Oath of Allegiance and executing a sworn renunciation of U.S. citizenship—thus becoming solely a Filipino for candidacy purposes. However, the Court held that renunciation is a continuing requirement: a positive act, such as traveling on a U.S. passport after April 3, 2009, constitutes a representation of U.S. citizenship that negates the sworn renunciation. While it does not strip Philippine citizenship, it re-instates dual citiz
...continue readingCase Syllabus (G.R. No. 156367)
Nature of the Petition
- Certiorari under Rule 64 in conjunction with Rule 65 to review two COMELEC Resolutions
- First Division Resolution (SPA No. 10-109(DC), Oct 5, 2010): applied Sec 44, Local Government Code (LGC) in mayoral succession
- En Banc Resolution (Feb 2, 2011): held Rommel C. Arnado a sole Filipino citizen qualified for office despite use of U.S. passport
- Petitioner Casan M. Maquiling, third-placer in the 2010 Kauswagan mayoralty race, seeks nullification of Arnado’s proclamation and his own proclamation as Mayor
Facts of the Case
- Arnado: natural-born Filipino; naturalized U.S. citizen → lost Philippine citizenship
- July 10, 2008: took Oath of Allegiance to the Philippines; Order of Approval issued same day
- April 3, 2009: took second Oath of Allegiance; executed sworn Affidavit of Renunciation of U.S. citizenship
- November 30, 2009: filed Certificate of Candidacy (COC) for Mayor, declaring himself solely Filipino
- Balua’s petition (Apr 28, 2010): alleged Arnado’s U.S. citizenship and lack of residency; attached BI certification and passport travel records
- Arnado won May 10, 2010 elections; was proclaimed Mayor before filing his Answer and evidence
COMELEC First Division Resolution
- Treated petition as one for disqualification (not mere COC cancellation)
- Residency: Balua failed to prove one-year residency defect
- Citizenship: Arnado’s use of U.S. passport post-renunciation “negated” his renunciation oath
- Cited Yu v. Defensor-Santiago: passport use viewed as evidence of dual allegiance
- Disqualified Arnado; annulled proclamation; ordered Sec 44, LGC, order of succession
COMELEC En Banc Resolution
- Agreed with disqualification treatment; confirmed timely filing under R.A. 6646 Sec 6
- Permitted Maquiling’s intervention; ruled second placer not prejudiced by succession order
- Granted Arnado’s motion for rec