Labo, Jr. vs.

COMELEC

Facts:
Ramon Labo, Jr. married an Australian citizen in the Philippines. He was
granted Australian citizenship. His marriage was later declared void for being
bigamous. Labo returned to the Philippines using an Australian passport and
obtained an Alien Certificate of Registration (ACR). He applied for a change
in status from immigrant to returning Filipino citizen, but was denied by the
Commission on Immigration and Deportation since he has not applied for
reacquisition of his Filipino citizenship.
Labo ran and won as Mayor of Baguio City. The second-placer, Luis
Lardizabal, filed a petition for quo warranto, alleging that Labo is disqualified
from holding public office on the grounds of alienage, and asking that the
latter's proclamation as Mayor be annulled.

1st Issue: WON Ramon Labo, Jr. is a Filipino citizen and hence qualified to
hold public office in the Philippines.

Held:
No. Labo is not a Filipino citizen. He had lost his Philippine citizenship
by all three modes specified in the Constitution: (1) naturalization in a
foreign country, (2) express renunciation of citizenship, and (3) subscribing
to an oath of allegiance to support the Constitution or laws of a foreign
country. Labo’s naturalization in Australia did not confer him with dual
citizenship. The Constitution explicitly states that dual citizenship is inimical
to national interest. The contention that his marriage to an Australian
national did not automatically divest him of Filipino citizenship is irrelevant.
There was no claim that Labo had automatically ceased to be a Filipino
because of that marriage. Also, his Filipino citizenship has not been
automatically restored upon the annulment of his Australian citizenship,
when his marriage was declared void on the grounds of bigamy. He has not
reacquired Philippine citizenship by any of the three methods prescribed in
the Constitution: (1) direct act of Congress, (2) naturalization, and (3)
repatriation. The earlier contrary decision by the COMELEC is totally
baseless, and is even alleged to have been politically motivated. It can also
be reversed because the doctrine of res judicata does not apply to questions
of citizenship. Not being a Filipino citizen, Labo is ineligible to hold public
office in the Philippines.

2nd Issue: Whether Lardizabal can replace Labo if the latter is ineligible to
serve as Mayor.

Held:
No. Despite getting the second highest number of votes, Lardizabal
cannot assume the position of Mayor because he has not been duly elected
by the people of Baguio City. Being a second-placer, he clearly is not the
choice of the people. Labo's disqualification alone does not entitle him to
take office. Instead, the elected Vice Mayor shall replace Labo.