Maquiling v.

COMELEC  The COMELEC first division required Arnado to personally file his
Qualifications | Apr. 16, 2013 answer.
o The latter failed to do so, but the COMELEC failed to act on
SUMMARY: Arnado, pursuant to RA 9225, reacquired his Filipino the motions.
citizenship and renounced his American citizenship in order to run for the o The elections was held and Arnado garnered the highest
position of Mayor of Kauswagan, Lanao del Norte. His qualification for the number of votes. He was subsequently proclaimed as
position was attacked by the other candidates, alleging that he was not the winning candidate for the position of Mayor.
qualified as he was shown to have used his US passport. The Court ruled
that such use of the foreign passport operates to revest in Arnado his
 After the proclamation, Arnado filed his answer, submitting as
American citizenship and has the effect of disqualifying him from the proof of his citizenship the following:
candidacy. 1. Affidavit of renunciation and oath of allegiance to the Philippines
2. Join-affidavit of his neighbors testifying that he is a long-time
DOCTRINE : The privilege afforded to citizens who reacquire their Filipino resident of Kauswagan
citizenship does not operate permanently and is open to attack when, after 3. Certification from the Punong Barangay that he is a bona fide
renouncing foreign citizenship, the citizen performs positive acts showing resident of his barangay and that he returned to the Philippines in
his continued possession of a foreign citizenship. Such requires the 2009
absolute and perpetual renunciation of the foreign citizenship and a full 4. Voter certification issued by the Election Officer certifying that
divestment of all civil and political rights granted by the foreign country. Arnado has been a registered voter since April 3 2009
 COMELEC FIRST DIVISION:
FACTS: o TREATED IT AS A PETITION FOR DISQUALIFICATION,
 Respondent Arnado is a natural born Filipino citizen. He was NOT FOR CANCELLATION BASED ON
subsequently naturalized as an American citize n and lost his MISREPRESENTATION. Ruled to disqualify and cancel the
Filipino citizenship. certificate of candidacy of Arnado.
o ○  July 10 2008: He applied for repatriation under RA 9225  The Court found that Arnado's unexplained use of his US passport is
before the Consulate General of the Philippines in San inconsistent with his claim that he re-acquired his Philippine
Francisco and took the oath of allegiance citizenship and renounced his US citizenship. One who truly divested
o ○  An order of approval of his citizenship retention and himself of US citizenship would not continue to avail of priveleges
re-acquisition was issued in his favor. reserved solely
o ○  April 3 2009: Arnado again took his oath of allegiance and for US nationals.
executed an affidavit of renunciation of his foreign citizenship o The case was elevated to the COMELEC en banc. Petitioner
 November 30 2009, Arnado filed his certificate of candidacy for Maquiling, another mayoralty candidate and the one who
mayor of Kauswagan, Lanao del Norte, stating therein that: garnered the second highest number of votes intervened.
1. He is a natural born Filipino citizen/naturalized Filipino citizen  COMELEC EN BANC:
2. He is not a permanent resident of, or immigrant to, a foreign o Ruled in favor of Arnado. By renouncing his US citizenship
country as imposed by RA 9225, Arnado embraced his Philippine
 PETITION TO DISQUALIFY: April 28 2010, respondent LINOG citizenship as though he never became a citizen of another
BALUA , another candidate for mayor, filed a petition to disqualify country. The use of a US passport does not operate to revert
Arnado for the upcoming May 2010 elections. He contended that back his status as a dual citizen prior to his renunciation as
the law does not provide for such rule.
o Arnado is not a resident of Kauswagan and that he is a
foreigner.  Maquiling appeals the resolution of the COMELEC en banc to the
o He presented a certification issued by the Bureau of Supreme Court. He argues that there was error in ruling that Arnado
Immigration indicating Arnado's USA-American citizenship. is a Filipino citizen despite his continued use of a US passport. He
o In the years 2009, Arnado has also been using his American also seeks a review of the applicability of Section 44 of the LGC with
passport when traveling abroad. regard to the ruling of the COMELEC that the vice mayor with
succeed the position of mayor in case Arnado is disqualified.
ISSUE/RATIO: o (2) Those seeking elective public office in the
1. W/N THE INTERVENTION OF MAQUILING, A RIVAL CANDIDATE, IS Philippines shall meet the qualification for holding
PROPER IN THIS CASE? – YES; Intervention of a rival candidate in a such office as required by the Constitution and
disqualification case is proper when there has not yet been any proclamation existing laws and, at the time of the filing of the
of the winner. COC, make a personal and sworn renunciation of any
 Maquiling argues that as the candidate who garnered the second and all foreign citizenship before any public officer
highest number of votes, he has an interest in the disqualification authorized to administer an oath.
case filed against Arnado as such disqualification would invalidate  It is true that Arnado took all the necessary steps to qualify to run
the votes and the second placer would thus be proclaimed the for public office. He fulfilled the twin requirements of taking the
winner. oath of allegiance and renunciation of foreign citizenship. He was
 The Court laid down the rule in a disqualification case, citing RA deemed eligible to run as per RA 9225.
6646 Sec. 6  This privilege, however, does not operate permanently and is
o Sec. 6. Effect of Disqualification Case. - Any candidate who open to attack when, after renouncing foreign citizenship,
has been declared by final judgment to be disqualified the citizen performs positive acts showing his continued
shall not be voted for, and the votes cast for him shall possession of a foreign citizenship. Such requires the absolute
not be counted. If for any reason a candidate is not and perpetual renunciation of the foreign citizenship and a full
declared by final judgment before an election to be divestment of all civil and political rights granted by the foreign
disqualified and he is voted for and receives the winning country.
number of votes in such election, the Court or Commission
shall continue with the trial and hearing of the action,
 In this case, after Arnado renounced his foreign citizenship and
inquiry, or protest and, upon motion of the complainant or filed his COC , he used his US passport four times. These
any intervenor, may during the pendency thereof actions run counter to the affidavit of renunciation he had
order the suspension of the proclamation of such earlier executed. Such use is a positive and voluntary
candidate whenever the evidence of his guilt is representation of his American citizenship , declaring before
strong. immigration authorities of both counties that he is an American
citizen.
 Citing Mercado v Manzano in relation to RA 6646, the Court
affirmed Maquiling's right to intervene. In that case, the court said: o While such use does not divest Arnado of his Filipino
o A candidate who has been declared by final citizenship, such representation had the effect of reverting
judgement to be disqualified shall not be voted for. Arnado to his earlier status as a dual citizen. Such
If a candidate is not declared disqualified before and reversion was effected the moment he used his passport.
election and he is voted for and receives the winning o The renunciation of foreign citizenship is not a hollow oath
number of votes, the court of COMELEC shall proceed with that can simply be professed at any time, only to be
the trial, upon motion of the complainant or any intervener. violated the next day. It requires an absolute and perpetual
Intervention is thus allowed in proceedings for renunciation of the foreign citizenship and a full divestment
disqualification even after the election if there has of all civil and political rights granted by the foreign
yet been no final judgement rendered. country which granted the citizenship.
2. W/N Arnado's use of his US passport operates to disqualify him for the  While the use of passport is not enunciated in Commonwealth Act
position of mayor? YES, the use of foreign passport after renouncing one’s No. 63 → nevertheless an act which repudiates the very oath of
foreign citizenship is a positive and voluntary act of representation as to renunciation required for a former Filipino citizen who is also a
one’s nationality and citizenship; it does not divest Filipino citizenship citizen of another country to be qualified to run for a local elective
regained by repatriation but it recants the Oath of Renunciation required to position
qualify one to run for an elective position.
o Arnado’s category of dual citizenship is that by which
 RA 9225 provides that: foreign citizenship is acquired through a positive act of
o Those who retain or re-acquire Philippine citizenship under applying for naturalization. This is distinct from those
this Act shall enjoy full civil and political rights and be considered dual citizens by virtue of birth, who are not
subject to all attendant liabilities and required by law to take the oath of renunciation as the
responsibilities under existing laws of the mere filing of the certificate of candidacy already carries
Philippines under the following conditions: with it an implied renunciation of foreign citizenship. Dual
citizens by naturalization, on the other hand, are required
 to take not only the Oath of Allegiance to the Republic of o No need to apply Labo v.COMELEC ruling that when the
the Philippines but also to personally renounce foreign voters are well aware within the realm of notoriety of a
citizenship in order to qualify as a candidate for public candidate’s disqualification and still cast their votes in
office. favor said candidate, then the eligible candidate obtaining
the next higher number of votes may be deemed elected.
 By the time he filed his COC, Arnado was a dual citizen. Under Sec. That rule is also a mere obiter that further complicated the
rules affecting qualified candidates who placed second to
40(d) of the LGC, he was not qualified to run for a local elective
ineligible ones.
position.
o By the time he filed his certificate of candidacy on 30 o The electorate’s awareness of the candidate’s
disqualification is not a prerequisite for the disqualification
November 2009, Arnado was a dual citizen enjoying the
to attach to the candidate. The very existence of a
rights and privileges of Filipino and American citizenship.
disqualifying circumstance makes the candidate ineligible.
He was qualified to vote, but by the express
The rule in Aratea v Comelec and Jalosjos v Comelec is that a void COC
disqualification under Section 40(d) of the Local
cannot produce any legal effect. With Arnado's disqualification, Maquiling
Government Code,40 he was not qualified to run for a local
becomes the winner in the election as he obtained the highest number of
elective position.
votes among the qualified candidates.
o In effect, Arnado was solely and exclusively a Filipino The awareness of the electorate to the candidate's disqualification is not a
citizen only for a period of eleven days, or from 3 April prerequisite for the disqualification to attach. Such knowledge is not
2009 until 14 April 2009, on which date he first used his necessary before a qualified candidate who garnered the second highest
American passport after renouncing his American number of votes can be proclaimed as the winner. The second placer is
citizenship. actually the first placer.
o The citizenship requirement for elective public office Furthermore, the fact that the disqualified candidate has already been
is a continuing one. It must be possessed not just at proclaimed the winner and has actually performed functions related to the
the time of the renunciation of the foreign office does not bar a subsequent disqualification based on a substantive
citizenship but continuously. Any act which violates ground that existed prior to the filing of the COC. The disqualification voids
the oath of renunciation opens the citizenship issue not only the COC but also the proclamation.
to attack.

3. W/N Maquiling should be proclaimed mayor? YES

 An ineligible candidate who receives the highest number of votes is


a wrongful winner. By express legal mandate, he could not even
have been a candidate in the first place, but by virtue of the lack of
material time or any other intervening circumstances, his
ineligibility might not have been passed upon prior to election
date. Consequently, he may have had the opportunity to hold
himself out to the electorate as a legitimate and duly qualified
candidate. However, notwithstanding the outcome of the elections,
his ineligibility as a candidate remains unchanged. Ineligibility does
not only pertain to his qualifications as a candidate but necessarily
affects his right to hold public office. The number of ballots cast in
his favor cannot cure the defect of failure to qualify with the
substantive legal requirements of eligibility to run for public office.
 The popular vote does not cure the ineligibility of a
candidate.

 Maquiling is not a second-placer as he obtained the highest

number of votes from among the qualified candidates.