Maquiling vs Comelec

PARILLA, MAY ANN C. LLB 2-1 G.R. No. 195649

ELECTION LAW MONDAYS/CW8 Ap!" 16, 2#1$

MA%&ILING 'S. COMMISSION ON ELECTIONS

()*+ Arnado was a natural born Filipino citizen, but lost his citizenship upon naturalization as citizen of United States of America. Sometime on 2008 and 2009, his repatriation was granted and he subseuentl! e"ecuted e"ecuted an A#da$it of %enunciation %enunciation of foreign fo reign citizenship. &n 'o$e 'o$emb mber er 20 2009 09,, Arna Arnando ndo (led (led for a cert certi( i(ca cate te of cand candid idac ac! ! and and won won the the said said election. )ut prior from his declaration as winner, a pending action for disuali(cation was (led b! )alua, one of the contenders for the position. )alua alleged that Arnando was was not not a citi citize zen n of the the *h *hil ilip ippi pine nes, s, with with a cert certi( i(ca cati tion on issue issued d b! the the )u )urreau eau of  +mmig +mmigrat ration ion that that Arnan Arnando dos s nationa nationalit lit! ! is USA-A USA-Amer merica ican n and a certi( certi(ed ed true true cop! cop! of  computer-generated tra$el record that he has been using his American passport e$en after after renun renuncia ciatio tion n of Ameri American can citiz citizens enship hip.. A di$isi di$ision on of the &/1 &/1  ruled ruled agains againstt Arnando but this decision was re$ersed b! the &/1 en )anc stating that continued use us e of for foreign eign pass passpo port rt is not not one one of the the grou ground nds s pro$ pro$id ided ed for for unde underr Sect Sectio ion n  of  ommonwealth Act 'o. 34 through which *hilippine citizenship ma! be lost. /eanwhile, /auil /auiling ing petiti petition on that that should should be declar declared ed winne winnerr as he gained gained the second second highes highestt number of $otes.

I 5hether or not continued use of a foreign passport after renouncing foreign citizenship a6ects ones uali(cations to run for public o#ce.

0"  7es.  7es. he use of foreign passport after renouncing ones foreign citizenship is a positi$e and $oluntar! act of representation as to ones nationalit! and citizenship it does not di$est Filipino Filipino citizenship regained b! repatriation but it recants the &ath of %enunciation reuired to ualif! one to run for an electi$e position which ma:es him dual citizen. itizenship is not a matter of con$enience. +t is a badge of identit! that comes with attend attendant ant ci$il ci$il and politi political cal right rights s accor accorded ded b! the state state to its citize citizens. ns. +t li:ewi li:ewise se demands the concomitant dut! to maintain allegiance to ones ;ag and countr!. 5hile

PARILLA, MAY ANN C. LLB 2-1

ELECTION LAW MONDAYS/CW8

those who acuire dual citizenship b! choice are a6orded the right of su6rage, those who see: election or appointment to public o#ce are reuired to renounce their foreign citizenship to be deser$ing of the public trust.