G.R. No.

83820 May 25, 1990

JOSE B. AZNAR (as Provincial Chairman of PDP Laban in Cebu), petitioner,

vs.
COMMISSION ON ELECTIONS and EMILIO MARIO RENNER OSMEÑA, respondents.

Facts:

On November 19, 1987, private respondent Emilio "Lito" Osmeña filed his certificate of candidacy with
the COMELEC for the position of Provincial Governor of Cebu Province in the January 18, 1988 local
elections. It was later on contended by Jose B. Aznar who filed with the COMELEC a petition for the
disqualification on the ground that Osmena is allegedly not a Filipino citizen but a citizen of USA. The
petitioner submitted evidences such as Alien certificate of registration (ACR) and Immigrant certificate of
evidence to further attest the respondent’s citizenship. It was requested by the petitioner to temporarily
stop the tabulation however the comelec ordered to continue the tabulation but suspend the
proclamation instead. Respondent maintains that he is a son of a Filipino, was a holder of a valid subsisting
passport, a continuous resident of the Philippines and a registered voter since 1965. He was, however,
also a holder of an alien registration certificate.

Issue: WON respondent is considered as not a Filipino citizen and if the petition should be granted?

Held: Yes, the respondent is still a Filipino citizen because by virtue of his being a son of a Filipino, it is
presumed that he was a Filipino and remained Filipino until proof could be shown that he had renounced
or lost his Philippine citizenship. In addition, possession of an alien registration certificate unaccompanied
by proof of performance of acts whereby Philippine citizenship had been lost is not adequate proof of loss
of citizenship. Also, the following modes of losing Philippine citizenship were not met such as: (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. Wherefore, petition for
certiorari was dismissed and resolution of COMELEC was hereby affirmed.