VALLES versus COMELEC (337 SCRA 543)

Facts:

This is a petition for certiorari under Rule 65, pursuant to Section 2, Rule 64 of the 1997 Rules of Civil
Procedure, assailing Resolutions dated July 17, 1998 and January 15, 1999, respectively, of the
Commission on Elections in SPA No. 98-336, dismissing the petition for disqualification filed by the
herein petitioner, Cirilo R. Valles, against private respondent Rosalind Ybasco Lopez on citizenship
grounds, in May 1998 elections for governor of Davao Oriental.

Respondent was born on May 16, 1934 in Australia to a Filipino father and an Australian mother, who ran
for governor of Davao Oriental. In 1998, she applied for an Alien Certificate of Registration (ACR) and
Immigrant Certificate of Residence (ICR) and was issued an Australian passport.

Issues:

1. Whether or not respondent is a Filipino.

2. Whether or not, if proven that she is a Filipino, did she, in anyway renounced her citizenship by
applying for ACR and ICR and being issued an Australian passport.

Held:

YES. Respondent is a Filipino since her father is a Filipino.

In 1934, the controlling laws of the Philippines were the Philippine Bill of July 1, 1902 and the Philippine
Autonomy Act of August 29, 1916 (Jones Law). Under both organic acts, all inhabitants of
the Philippines who were Spanish subjects on April 11, 1899 and resided therein, including their
children, are considered Philippine citizens. Respondent’s father was therefore a Filipino, and
consequently, her.

As for issue number two, respondent did not lose her citizenship. Renunciation of citizenship must be
express. Applying for ACR, ICR, and Australian passport are not enough to renounce citizenship. They are
merely acts of assertion of her Australian citizenship before she effectively renounced the same. Holding
of an Australian passport and an alien certificate of registration does not constitute an effective
renunciation of citizenship and does not militate against her claim of Filipino citizenship. At most, she has
dual citizenship.