JOSE B. AZNAR (as Provincial Chairman of PDP Laban in Cebu), petitioner, vs. COMMISSION ON ELECTIONS and EMILIO MARIO RENNER OSMEA, respondents. Ponente: J. Paras Facts: Private respondent Emilio "Lito" Osmea filed his certificate of candidacy with the COMELEC for the position of Provincial Governor of Cebu Province in the January 18, 1988 local elections. On January 22, 1988, the Cebu PDP-Laban Provincial Council (Cebu-PDP Laban, for short), as represented by petitioner Jose B. Aznar in his capacity as its incumbent Provincial Chairman, filed with the COMELEC a petition for the disqualification of private respondent on the ground that he is allegedly not a Filipino citizen, being a citizen of the United States of America. On January 27, 1988, petitioner filed a Formal Manifestation submitting a Certificate issued by the then Immigration and Deportation Commissioner Miriam Defensor Santiago certifying that private respondent is an American and is a holder of Alien Certificate of Registration (ACR) No. B-21448 and Immigrant Certificate of Residence (ICR) No. 133911, issued at Manila on March 27 and 28, 1958, respectively. (Annex "B-1"). The petitioner also filed a Supplemental Urgent Ex-Parte Motion for the Issuance of a Temporary Restraining Order to temporarily enjoin the Cebu Provincial Board of Canvassers from tabulating/canvassing the votes cast in favor of private respondent and proclaiming him until the final resolution of the main petition.Thus, on January 28, 1988, the COMELEC en banc resolved to order the Board to continue canvassing but to suspend the proclamation. Private respondent, on the other hand, maintained that he is a Filipino citizen, alleging: that he is the legitimate child of Dr. Emilio D. Osmea, a Filipino and son of the late President Sergio Osmea, Sr.; that he is a holder of a valid and subsisting Philippine Passport No. 0855103 issued on March 25, 1987; that he has been continuously residing in the Philippines since birth and has not gone out of the country for more than six months; and that he has been a registered voter in the Philippines since 1965. On March 3, 1988, COMELEC (First Division) directed the Board of Canvassers to proclaim the winning candidates. Having obtained the highest number of votes, private respondent was proclaimed the Provincial Governor of Cebu. Thereafter, on June 11, 1988, COMELEC (First Division) dismissed the petition for disqualification for not having been timely filed and for lack of sufficient proof that private respondent is not a Filipino citizen. Hence, the present petition for certiorari. Issue: won the respondent is an alien Ruling: The records show that private respondent filed his certificate of candidacy on November 19, 1987 and that the petitioner filed its petition for disqualification of said private respondent on January 22, 1988. Since the petition for disqualification was filed beyond the twenty five-day period required in Section 78 of the Omnibus Election Code, it is clear that said petition was filed out of time. However, We deem it is a matter of public interest to ascertain the respondent's citizenship and qualification to hold the public office to which he has been proclaimed elected. There is enough basis for us to rule directly on the merits of the case, as the COMELEC did below. Petitioner's contention that private respondent is not a Filipino citizen and, therefore, disqualified from running for and being elected to the office of Provincial Governor of Cebu, is not supported by substantial and convincing evidence. In the proceedings before the COMELEC, the petitioner failed to present direct proof that private respondent had lost his Filipino citizenship by any of the modes provided for under C.A. No. 63. Among others, these are: (1) by naturalization in a foreign country; (2) by express renunciation of citizenship; and (3) by subscribing to an oath of allegiance to support the Constitution or laws of a foreign country. From the evidence, it is clear that private respondent Osmea did not lose his Philippine citizenship by any of the three mentioned hereinabove or by any other mode of losing Philippine citizenship. Parenthetically, the statement in the 1987 Constitution that "dual allegiance of citizens is inimical to the national interest and shall be dealt with by law"(Art. IV, Sec. 5) has no retroactive effect. And while it is true that even before the 1987 Constitution, Our country had already frowned upon the concept of dual citizenship or allegiance, the fact is it actually existed. Be it noted further that under the aforecited proviso, the effect of such dual citizenship or allegiance shall be dealt with by a future law. Said law has not yet been enacted. WHEREFORE, the petition for certiorari is hereby DISMISSED and the Resolution of the COMELEC is hereby AFFIRMED.
G.R. No. L-83882 January 24, 1989 IN RE PETITION FOR HABEAS CORPUS OF WILLIE YU, petitioner, vs. MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR PABALAN, DELEO HERNANDEZ, BLODDY HERNANDEZ, BENNY REYES and JUN ESPIRITU SANTO, respondent. Ponente: J. Padilla Facts: In the case at bar, herein petitioner, despite his naturalization as a Philippine citizen, applied and renewed his Portuguese passport. Moreover, while still a citizen of the Philippines, petitioner also declared his nationality as Portuguese in commercial documents he signed. Issue: Whether or not the acts of applying for a foreign passport and declaration of foreign nationality in commercial documents, constitute an expressrenunciation of ones Philippine citizenship acquired through naturalization. Ruling: While still a citizen of the Philippineswho had renounced, upon his naturalization, "absolutely and forever all allegiance and fidelity to any foreign prince,potentate, state or sovereignty" and pledged to "maintain true faith and allegiance to the Republic of the Philippines," 19 he declared his nationality as Portuguese in commercialdocuments he signed, specifically, the Companies registry of Tai Shun Estate Ltd. 20 filed in Hongkong sometime in April 1980. To the mind of the Court, the foregoing acts considered together constitute an express renunciation of petitioner's Philippine citizenship acquired through naturalization. Petitioner, with full knowledge, and legal capacity, after having renounced Portuguese citizenship upon naturalization as a Philippine citizen 22 resumed or reacquired his prior status as a Portuguese citizen, applied for a renewal of his Portuguese passport 23 and represented himself as such in official documents even after he had become a naturalized Philippine citizen. Such resumption or reacquisition of Portuguese citizenship is grossly inconsistent with his maintenance of Philippine citizenship.
ANTONIO BENGSON III, petitioner, vs . HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and TEODORO C. CRUZ, respondents [G.R. No. 142840. May 7, 2001 Ponente: J. Kapunan Facts: Respondent Cruz was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac, on April 27, 1960, of Filipino parents. The fundamental law then applicable was the 1935 Constitution.On November 5, 1985, however, respondent Cruz enlisted in the United States Marine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Filipino citizenship for under Commonwealth Act No. 63, Section 1(4), a Filipino citizen may lose his citizenship by, among others, "rendering service to or accepting commission in the armed forces of a foreign country." On March 17, 1994, respondent Cruz reacquired his Philippine citizenship through repatriation under Republic Act No. 2630. [3] He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998 elections. He won by a convincing margin of 26,671 votes over petitioner Antonio Bengson III, who was then running for reelection. Subsequently, petitioner filed a case for Quo Warranto Ad Cautelam with respondent House of Representatives Electoral Tribunal (HRET) claiming that respondent Cruz was not qualified to become a member of the House of Representatives since he is not a natural-born citizen as required under Article VI, Section 6 of the Constitution. On March 2, 2000, the HRET rendered its decision [5] dismissing the petition for quowarranto and declaring respondent Cruz the duly elected Representative of the Second District of Pangasinan in the May 1998 elections. The HRET likewise denied petitioner's motion for reconsideration of the decision in its resolution dated April 27, 2000. [6] Petitioner thus filed the present petition for certiorari. Issue: WON Cruz, a natural-born Filipino who became an American citizen, can still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship. Ruling: As respondent Cruz was not required by law to go through naturalization proceedings in order to reacquire his citizenship, he is perforce a natural- born Filipino. As such, he possessed all the necessary qualifications to be elected as member of the House of Representatives. A final point. The HRET has been empowered by the Constitution to be the "sole judge" of all contests relating to the election, returns, and qualifications of the members of the House. [29] The Court's jurisdiction over the HRET is merely to check "whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction" on the part of the latter. [30] In the absence thereof, there is no occasion for the Court to exercise its corrective power and annul the decision of the HRET nor to substitute the Court's judgment for that of the latter for the simple reason that it is not the office of a petition for certiorari to inquire into the correctness of the assailed decision. [31] There is no such showing of grave abuse of discretion in this case.
Said provision of law reads: Section 1. How citizenship may be lost. -- A Filipino citizen may lose his citizenship in any of the following ways and/or events: x x x (4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present: (a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with said foreign country; or (b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country; And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said country. Upon his discharge from the service of the said foreign country, he shall be automaticallyentitled to the full enjoyment of his civil and political rights as a Filipino citizen x x x.
To be naturalized, an applicant has to prove that he possesses all the qualifications 12] and none of the disqualifications [13] provided by law to become a Filipino citizen. The decision granting Philippine citizenship becomes executory only after two (2) years from its promulgation when the court is satisfied that during thei ntervening period, the applicant has (1) not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not been convicted of any offense or violation of Government promulgated rules; or (4) committedany act prejudicial to the interest of the nation or contrary to any Government announced policies. [ 14] Filipino citizens who have lost their citizenship may however reacquire the same in the manner provided by law. Commonwealth Act. No. 63 (C.A. No. 63), enumerates the three modes by which Philippine citizenship may be reacquired by a former citizen: (1) by naturalization, (2) by repatriation, and (3) by direct act of Congress. Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1) desertion of the armed forces; [19] (2) service in the armed forces of the allied forces in World War II; [20] (3) service in the Armed Forces of the United States at any other time; [21] (4) marriage of a Filipino woman to an alien; [22] and (5) political and economic necessity. 23] As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided. Repatriation results in the recovery of the original nationality. R.A. No. 2630, which provides: Section 1. Any person who had lost his Philippine citizenship by rendering service to, or accepting commission in, the Armed Forces of the United States, or after separation from the Armed Forces of the United States, acquired United States citizenship, may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last resided in the Philippines. The said oath of allegiance shall contain a renunciation of any other citizenship.
[G.R. No. 132244. September 14, 1999] GERARDO ANGAT, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent. Ponente: J. Vitug Facts: Petitioner Gerardo Angat was a natural born citizen of the Philippines until he lost his citizenship by naturalization in the United States of America. Now residing at No. 69 New York Street, Provident Village, Marikina City, Angat filed on 11 March 1996 before the RTC of Marikina City, Branch 272, a petition to regain his status as a citizen of the Philippines under Commonwealth Act No. 63, Republic Act No. 965 and Republic Act No. 2630 (docketed as N-96- 03-MK). He has resided in the Philippines at least six months immediately preceding the date of this petition, to wit: since 1991. He has conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living.It is his intention to reacquire Philippine citizenship and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to the United State of America to which at this time he is a citizen. On 13 June 1996, petitioner sought to be allowed to take his oath of allegiance to the Republic of the Philippines pursuant to R.A. 8171 . The motion was denied by the trial judge in his order of 12 July 1996. Another motion filed by petitioner on 13 August 1996 to have the denial reconsidered was found to be meritorious by the court a quo in an order, dated 20 September 1996, which stated, among other things, that - A close scrutiny of R.A. 8171 shows that petitioner is entitled to the benefits of the said law considering that herein petitioner is a natural born Filipino citizen who lost his citizenship by naturalization in a foreign country. The petition and motion of the petitioner to take his oath of allegiance to the Republic of the Philippines likewise show that the petitioner possesses all the qualifications and none of the disqualifications under R.A. 8171. FACTS: Petitioner Gerardo Angat was a natural born citizen of the Philippines until he lost his citizenship by naturalization in the United States of America. On 11 March 1996, he filed before the RTC of Marikina City, Branch 272, a petition to regain his Status as a citizen of the Philippines under Commonwealth Act No. 63, Republic Act No. 965 and Republic Act No. 2630. The case was thereafter set for initial hearing. On 13 June 1996, petitioner sought to be allowed to take his oath of allegiance to the Republic of the Philippines pursuant to R.A. 8171. The motion was initially denied by the trial judge but after a motion for reconsideration, it was granted. The petitioner was ordered to take his oath of allegiance pursuant to R.A. 8171. After taking his oath of allegiance, the trial court issued an order repatriating petitioner and declaring him as citizen of the Philippines pursuant to Republic Act No. 8171. The Bureau of Immigration was ordered to cancel his alien certificate of registration and issue the certificate of identification as Filipino citizen. On 19 March 1997, the Office of the Solicitor General filed a Manifestation and Motion (virtually a motion for reconsideration) asserting that the petition itself should have been dismissed by the court a quo for lack of jurisdiction because the proper forum for it was the Special Committee on Naturalization consistently with Administrative Order No. 285 ("AO 285"), dated 22 August 1996, issued by President Fidel V. Ramos. AO 285 had tasked the Special Committee on Naturalization to be the implementing agency of R.A 8171. The trial court granted the motion and dismissed the petition. Petitioner appealed contending that the RTC seriously erred in dismissing the petition by giving retroactive effect to Administrative Order No. 285, absent a provision on Retroactive Application. ISSUES: WON Court erred in dismissing the petition by giving retroactive effect to AO 285, absent a provision on Retroactive Application HELD: No. Under Section 1 of Presidential Decree ("P.D.") No. 725, 8 dated 05 June 1975, amending Commonwealth Act No. 63, an application for repatriation could be filed by Filipino women who lost their Philippine citizenship by marriage to aliens, as well as by natural born Filipinos who lost their Philippine citizenship, with the Special Committee on Naturalization. The committee, chaired by the Solicitor General with the Undersecretary of Foreign Affairs and the Director of the National Intelligence Coordinating Agency asthe other members, was created pursuant to Letter of instruction ("LOI") No. 270, dated 11 April 1975, as amended by LOI No. 283 and LOI No. 491 issued, respectively, on 04 June 1975 and on 29 December 1976. Although the agency was deactivated by virtue of President Corazon C. Aquino's Memorandum of 27 March 1987, it was not however, abrogated. In Frivaldo vs. Commission on Elections, 9 the Court observed that the aforedated memorandum of President Aquino had merely directed the Special Committee on Naturalization "to cease and desist from undertaking any and all proceedings . . . under Letter of Instruction ("LOI") 270." 10 The Court elaborated: This memorandum dated March 27, 1987 cannot by any stretch of legal hermeneutics be construed as a law sanctioning or authorizing a repeal of P.D. No. 725. Laws are repealed only by subsequent ones and a repeal may be express or implied. It is obvious that no express repeal was made because then President Aquino in her memorandum-based on the copy furnished us by Lee-did not categorically and/or impliedly state that P.D. 725 was being repealed or was being rendered without any legal effect. In fact, she did not even mention it specifically by its number or text. On the other hand, it is a basic rule of statutory construction that repeals by implication are not favored. An implied repeal will not be allowed "unless it is convincingly andunambiguously demonstrated that the two laws are clear repugnant and patently inconsistent that they cannot co-exist." Indeed, the Committee was reactivated on 08 June 1995 ; hence, when petitioner filed his petition on 11 March 1996, the Special Committee on Naturalization constituted pursuant to LOI No. 270 under P.D. No. 725 was in place. Administrative Order 285, promulgated on 22 August 1996 relative to R.A. No. 8171, in effect, was merely then a confirmatory issuance. The Office of the Solicitor General was right in maintaining that Angat's petition should have been filed with the Committee, aforesaid, and not with the RTC which had no jurisdiction thereover. The court's order of 04 October 1996 was thereby null and void, and it did not acquire finality nor could be a source of right on the part of petitioner. It should also be noteworthy that the was one for repatriation, and it was thus incorrect for petitioner to initially invoke Republic Act No. 965 and R.A. No. 2630 since these laws could only apply to persons who had lost their citizenship by rendering service to, or accepting commission in, the armed forces of an allied foreign country or the armed forces of the United States of America, a factual matter not alleged in the petition, Parenthetically, under these statutes,the person desiring to re-acquire Philippine citizenship would not even be required to file a petition in court , and all that he had to do was to take an oath of allegiance to the Republic of the Philippines and to register that fact with the civil registry in the place of his residence or where he had last resided in the Philippines.
[G.R. No. 161434. March 3, 2004] MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR., petitioners, vs. The COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (a.k.a. FERNANDO POE, JR.) and VICTORINO X. FORNIER, respondents. Ponente: J. Vitug Petitioners sought for respondent Poes disqualification in the presidential elections for having allegedly misrepresented material facts in his (Poes) certificate of candidacy by claiming that he is a natural Filipino citizen despite his parents both being foreigners. Comelec dismissed the petition, holding that Poe was a Filipino Citizen. Petitioners assail the jurisdiction of the Comelec, contending that only the Supreme Court may resolve the basic issue on the case under Article VII, Section 4, paragraph 7, of the 1987 Constitution. Issue: Whether or not it is the Supreme Court which had jurisdiction. Whether or not Comelec committed grave abuse of discretion in holding that Poe was a Filipino citizen. Ruling: The Supreme Court had no jurisdiction on questions regarding qualification of a candidate for the presidency or vice-presidency before the elections are held. "Rules of the Presidential Electoral Tribunal" in connection with Section 4, paragraph 7, of the 1987 Constitution, refers to contests relating to the election, returns and qualifications of the "President" or "Vice- President", of the Philippines which the Supreme Court may take cognizance, and not of "candidates" for President or Vice-President before the elections. Comelec committed no grave abuse of discretion in holding Poe as a Filipino Citizen. The 1935 Constitution on Citizenship, the prevailing fundamental law on respondents birth, provided that among the citizens of the Philippines are "those whose fathers are citizens of the Philippines." Tracing respondents paternal lineage, his grandfather Lorenzo, as evidenced by the latters death certificate was identified as a Filipino Citizen. His citizenship was also drawn from the presumption that having died in 1954 at the age of 84, Lorenzo would have been born in 1980. In the absence of any other evidence, Lorenzos place of residence upon his death in 1954 was presumed to be the place of residence prior his death, such that Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in 1902. Being so, Lorenzos citizenship would have extended to his son, Allan--- respondents father.Respondent, having been acknowledged as Allans son to Bessie, though an American citizen, was a Filipino citizen by virtue of paternal filiation as evidenced by the respondents birth certificate. The 1935 Constitution on citizenship did not make a distinction on the legitimacy or illegitimacy of the child, thus, the allegation of bigamous marriage and the allegation that respondent was born only before the assailed marriage had no bearing on respondents citizenship in view of the established paternal filiation evidenced by the public documents presented. But while the totality of the evidence may not establish conclusively that respondent FPJ is a natural-born citizen of the Philippines, the evidence on hand still would preponderate in his favor enough to hold that he cannot be held guilty of having made a material misrepresentation in his certificate of candidacy in violation of Section 78, in relation to Section 74 of the Omnibus Election Code.