Arnado vs COMELEC (Digest).docx

Arnado vs COMELEC Topic: Citizenship Requirement Facts:

Petitioner Petitioner Arnado Arnado is a natural-b natural-born orn Filipino citizen who lost his Philippi Philippine ne citizensh citizenship ip after he was naturalized as citizen of the USA. Subsequently, and in preparation for his plans to run for public office in the Philippines, Arnado applied for repatriation under RA !!" before the #onsul $eneral of the Philippines in San Franciso, USA. %e too& an 'ath of Alle(iance to the Republic of the Philippines on )uly *+, !++ and, on een date, an 'rder of Approal of #itizenship Retention and Re acquisition was issued in his faor. 'n April , !++, Arnado e/ecuted an Affidait of Renunciation of his forei(n citizenship. 'n 0oe1ber +, !++, Arnado filed his #ertificate of #andidacy 2#o#3 for the 1ayoralty post of  4auswa(an, 5anao del 0orte for the 6a y *+, !+*+ national and local elections. 7alua, another 1ayoralty candidate filed a petition to disqualify Petitioner Arnado and8or to cancel his #o# on the (round that Arnado re1ained a US citizen because he continued to use his US passport for  entry to and e/it fro1 the Philippines after e/ecutin( aforesaid Affidait Affidait of Renunciation. 9hile 7aluas petition re1ained pendin(, the 6ay *+, !+*+ elections proceeded where Arnado (arnered the hi(hest nu1ber of otes and was proclai1ed the winnin( candidate. 'n 'ctober ", !+*+, the #'6;5;# First n this case, Arnado failed to co1ply with the second requisite because, as held in Maquiling v. Commission on Elections,  his April , !++ Affidait of Renunciation was dee1ed withdrawn when he used his US passport after e/ecutin( said affidait. #onsequently, at the ti1e he filed his #o# on 'ctober  *, !+*! for purposes of the 6ay *, !+* elections, Arnado had yet to co1ply with said second require1ent. =he #o1elec also noted that while Arnado sub1itted an affidait dated 6ay , !+*, affir1in( his April , !++ Affidait of Renunciation, the sa1e would not suffice for hain( been  belatedly e/ecuted.

>t is worth notin( that the reason for Arnados disqualification to run for public office durin( the !+*+ elections  bein( a candidate without total and undiided alle(iance to the Republic of the Philippines still subsisted when he filed his #o# for the !+* elections on 'ctober *, !+*!. =he #o1elec  En Banc 1erely adhered to the rulin( of this #ourt in  Maquiling   lest it would be co11ittin( (rae abuse of  discretion had it departed therefro1. =he use of a forei(n passport a1ounts to repudiation or recantation of the oath of renunciation. Arnados use of his US passport in !++ inalidated his oath of renunciation resultin( in his disqualification to run for 1ayor of 4auswa(an in the !+*+ elections. Since then and up to the ti1e he filed his #o# for the !+* elections, Arnado had not cured the defect in his qualification.  Maquiling , therefore, is bindin( on and applicable to this case.