CASAN MACONDE MAQUILING vs. COMMISSION ON ELECTIONS, ROMMEL ARNADO Y CAGOCO, LINOG G. BALUA G.R. No.

195649 16 April 2013

Facts: Respondent Arnado is a natural born Filipino citizen, but was subsequently naturalized as a citizen of the USA, and consequently lost his Filipino citizenship. In 2008, he applied for repatriation under RA 9225 and took the Oath of Allegiance to the Republic of the Philippines. In 2009, he again took his Oath of Allegiance and executed an Affidavit of Renunciation of his foreign citizenship. Later that year, he filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del Norte. In 2010, respondent Balua, another mayoralty candidate filed a petition to disqualify Arnado and/or to cancel his COC, claiming that the latter is not a resident of Kauswagan and that he is a foreigner. COMELEC First Division treated the Petition as one for disqualification and ruled that although Arnado appears to have substantially complied with the requirements of RA 9225, his act of consistently using his US passport after renouncing his US citizenship effectively negated his Affidavit of Renunciation and that this act is a strong indication that he had no real intention to renounce his US citizenship. The same Resolution also stated that the order of succession under Section 44 of the LGC of 1991 should take effect. On Motion for Reconsideration, Maquiling, another candidate for mayoralty and who garnered the second highest number of votes, intervened and filed before the COMELEC En Banc and argued that while the First Division correctly disqualified Arnado, the order of succession under Section 44 of LGC is not applicable. Consequently, he claims that the cancellation of Arnado's candidacy and the nullification of his proclamation, Maquiling should be proclaimed as the winner, garnering the highest number of lawful votes. To this, the COMELEC En Banc agreed with the COMELEC First Division's Resolution that the order of succession in Section 44 of the LGC should be applied. However, the former reversed and set aside the ruling of the latter and granted Arnado's MR, ruling that the use of a US passport does not operate to un-renounce what he has earlier on renounced. COMELEC En Banc accepted the explanation of Arnado of the use of his US passport- that he only used it because his Philippine passport has not been issued. Hence, Maquiling filed this instant petition to question the propriety of declaring Arnado qualified to run for public office despite his continued use of a US passport, and to pray that he be proclaimed as the winner in the 2010 mayoralty race in Kauswagan.

Issues:

1. Whether or not intervention is allowed in a disqualification case 2. Whether or not the use of a foreign passport after renouncing foreign citizenship amounts to undoing a renunciation earlier made 3. Whether or not the rule on succession in the LGC is applicable to this case

Held/Ratio: 1. Yes. It is clear that Maquiling has the right to intervene in the case. The fact that the COMELEC En Banc has already ruled that Maquiling has not shown that the requisites for exemption to the second-placer rule set forth in Sinsuat v COMELEC are present and therefore would not be prejudiced by the outcome of the case, does not deprive Maquiling of the right to elevate the matter before the SC. 2. Yes. The use of foreign passport after renouncing one's foreign citizenship is a positive and voluntary act of representation as to one's nationality and citizenship. It does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position. Such act of using a foreign passport does not divest Arnado of his Filipino citizenship, which he acquired by repatriation. However, by representing himself as an American citizen, Arnado voluntarily and effectively reverted to his earlier status as a dual citizen. Such reversion was not retroactive; it took place the instant Arnado represented himself as an American citizen by using his US passport, which was 11 days after his renunciation of his Amercican citizenship. The citizenship requirement for elective public office is a continuing one. By the time Arnado filed his COC, he was already a dual citizen. 3. No, the rule on succession in the LGC does not apply in this case because this is not a case of permanent vacancy by the mayor. In the first place, Arnado is a dual citizen disqualified to run for public office based on Section 40(d) of the LGC. Even if he garnered the highest number of votes, this fact does not cure his ineligibility as a candidate. With Arnado's disqualification, Maquiling is not a second-placer as he obtained the highest number of votes from among the qualified candidates. As held in Aratea v COMELEC and Jalosjos v COMELEC, a void COC cannot produce any legal effect. Thus, the votes cast in favor of the ineligible candidate are not considered at all in determining the winner of an election. With Arnado being barred from even becoming a candidate, his COC is thus rendered void from the beginning. The subsequent disqualification based on a substantive ground

that existed prior to the filing of the COC voids not only the COC but also the proclamation.