04. Agustin v. Comelec

ARSENIO A. AGUSTIN vs. COMMISSION ON ELECTIONS and SALVADOR SALVADOR S. PILLOS G.R. No. 207105. Novembe 10! 2015 "ERSAMIN!#  DUE PROCESS PROCESS IN ADMINISTRA ADMINISTRATIVE TIVE PROCEED PROCEEDINGS  INGS 

The observance of due process in administrative proceedings does not always require or involve a trial-type  proceeding,  proceeding, for the demand of due process process is also met met whenever a person, being being notified, is afforded afforded the opportunity opportunity to explain or defend himself. The rule is the same in election cases.  DUAL CITIZENSHIP  CITIZENSHIP 

 The petitioner’s continued exercise of his rights as a citizen of the United tates of !merica "U!# through using his U! passport after the renunciation renunciation of his U! citizenship reverted reverted him to his earlier status as a dual citizen. uch reversion reversion disqualified him from being elected to public office in the $hilippines pursuant to ection %&"d# of the  'ocal (overnment (overnment )ode "'()# "'()#..  EFFECT OF THE THE FINAL DECISION DECISION CANCELLING CANCELLING THE THE COC 

 !ny candidate who has been declared by final *udgment to be disqualified disqualified shall not be voted for, and the votes cast   for him shall not be counted. +is rival, should be proclaimed duly elected ayor for obtaining the highest number  of votes in the elections. $ACTS%

In 1997, the petitioner was naturalized as a citizen of the United States of America (USA). In 212, he filed his certificate of candidac! ("o") for the position of #a!or of the #unicipalit! of #arcos, Ilocos $orte to %e contested in the #a! 21& local elections. As the official candidate of the $acionalista 'art!, he declared in his "o" that he was elii%le for the office he was seein to %e elected to* that he was a natural+%orn ilipino citizen* and that he had  %een a resident of the #unicipalit! of #arcos, Ilocos $orte for 2- !ears. espondent Sal/ador S. 'illos, a ri/al ma!oralt! candidate, filed in the "0#" a $etition a  $etition To eny ue )ourse and 3 and 3or to )ancel the )ertificate of  )andidacy of !rsenio !. !gustin, !gustin , allein that the petitioner petitioner had made a material misrepresentation misrepresentation in his "o" %! statin that he had %een a resident of the #unicipalit! of #arcos for 2- !ears despite ha/in reistered as a /oter  therein onl! on #a! &1, 212. In his answer, the petitioner countered that the one+!ear re4uirement referred to residenc!, not to /oter reistration* that residenc! was not dependent on citizenship, such that his tra/el to 5awaii for %usiness purposes did not /iolate the residenc! re4uirement pursuant to pre/ailin 6urisprudence* and that as reards citizenship, he attached a cop! of his !ffidavit his  !ffidavit of enunciation of U.. !merican U.. !merican )itizenship. )itizenship. he "0#" Second 8i/ision issued its omni%us resolution holdin that the re4uirement that a candidate must  %e a reistered /oter does not carr! with it the re4uirement that he must %e so one !ear %efore the elections %ecause this refers to the residenc! 4ualification. As far as reistration as a /oter is concerned, it should suffice that the! are dul! reistered upon the filin of their "0"s or within the period prescri%ed %! law for such reistration. 'illos mo/ed for the reconsideration with the "0#"  /n 0anc. 0anc. 5e alleed that the certification issued %! the ureau of Immiration reflected that the petitioner had /oluntaril! declared in his tra/el documents that he was a citizen of the USA* that when he tra/elled to 5awaii, USA on 0cto%er :, 212, he still used his USA passport despite his renunciation of his USA citizenship on 0cto%er 2, 212 and after filin his "o" on 0cto%er -, 212, in which he declared that he was a resident of the #unicipalit! of #arcos, Ilocos $orte* and that the petitioner;s declaration of his elii%ilit! in his "o" constituted material misrepresentation %ecause of his failure to meet the citizenship and residenc! re4uirements. 0n April 2&, 21&, the "0#" /n "0#"  /n 0anc issued its assailed resolution cancellin and den!in due course to the  petitioner;s "o", o%ser/in that that while Austin presented presented a cop! of his Affida/it Affida/it of enunciation, enunciation, he failed to to furnish this this "ommis "ommissio sion n a cop! cop! of his his 0ath 0ath of Alle Alleian iance. ce. $otewo $oteworth! rth! is the fact, fact, that that in Aust Austin; in;ss Affi Affida/ da/it it of  enunciation, it was stated that his 0ath of Alleiance is attached* howe/er, said attachment has not %een made a/aila%le for the perusal of this "ommission. 5a/in failed to sufficientl! show that he complied with the pro/isions of A 922-, Austin;s Austin;s "0" must %e cancelled and3or denied due course. 0n election da!, the name of the petitioner remained in the %allot. 5e was later on proclaimed as the dul! elected #unicipal #a!or of #arcos, Ilocos $orte, the hihest amon the contendin parties.

he petitioner filed on an Urgent otion to 1ithdraw 2erified Urgent otion for econsideration with 'eave of  )ourt. he petitioner then instituted this case, allein ra/e a%use of discretion amountin to lac or e is merel! prohi%ited to continue as a candidate, the person whose certificate is cancelled or denied due course under Section 7> is not treated as a candidate at all, as if he3she ne/er filed a "o". Section 7> of the 0", therefore, is to %e read in relation to the constitutional and statutor! pro/isions on 4ualifications or elii%ilit! for pu%lic office. If the candidate su%se4uentl! states a material representation in the "o" that is false, the "0#", followin the law, is empowered to den! due course to or cancel such certificate. he petition of 'illos was in the nature of the Section 7> petition to den! due course to or to cancel the "o" of the Bet, the "0#"  /n 0anc canceled the petitioner;s "o" not %ecause of his failure to meet the residenc! re4uirement %ut %ecause of his failure Cto sufficientl! show that he complied with the pro/isions of A 922-.D Such  %asis for cancellation was unwarranted considerin that he %ecame elii%le to run for pu%lic office when he e