Title: CHUA vs COMELEC Name of Digester: Fred Bucu

G.R. No. 216607 Date: April 5, 2016

Subject / Syllabus Topic: Citizenship
Petitioner: Arlene Llena Empaynado Chua Respondent: Commission on Elections, Imelda Fragata, and Krystle Bacani
Doctrine: The Oath of allegiance is a general requirement for all those who wish to run as candidates in Philippine elections; while the renunciation
of foreign citizenship is an additional requisite only for those who have retained or reacquired Philippine citizenship under Republic Act No. 9225
and who seek elective public posts, considering their special circumstance of having more than one citizenship
Recit Summary:
Arlene Chua filed a petition for Certiorari and Prohibition, stating that she be appointed as the Councilor because she was
already proclaimed as a winner in 2013’s National and Local Elections. Chua, who ran for Councilor in the Fourth District of Manila
won the 6th seat in the Sangguniang Panlungsod, in which only 6 seats were allowed. However, Fragata and Bacani filed a joint
memorandum stating that Chua is a dual citizen, therefore is disqualified from running for any elective local position. Fragata’s
petition was anchoring on the fact that Chua is still a resident of the United States; while Bacani, who was 7th in the voters’ turnout,
petitions that she be the one to earn the seat of Chua, who is disqualified. The Court resolves the decision of the Commission of
Elections on the grounds that Chua’s filing of her Certificate of Candidacy is void ab initio because of its inherent ineligibility.
Although Chua took an Oath of Allegiance on 2011, she still has not executed a sworn and personal renunciation of her foreign
citizenship, which is required if one seeks an elective public post in accordance to R.A. 9225.
Facts:
 October 3, 2012, Chua filed her Certificate of Candidacy for Councilor for the Fourth District of Manila during the May
12, 2013 National and Local Elections. The Fourth District of Manila is entitled to 6 seats in the Sangguniang Panlungsod.
 On May 15, 2013, Chua is proclaimed as a winner, garnering the 6th highest number of votes. On the same day, Fragata
files a petition to “deny due course/cancel Chua’s CoC” alleging that Chua was not a Filipino Citizen and is a permanent
resident of the United States. In this petition, Fragata specifically alleged that Chua has been living in the U.S. for 33
years, she was validly issued a Green Card, she continues to reside in Georgia, USA, and etc. Fragata prayed that Chua be
disqualified as a candidate.
 With regards to her Filipino Citizenship, Chua counters this petition by saying that she was born to Filipino parents in
Cabanatuan City, Nueva Ecija. With respect to her residency, Chua alleged that she had been residing in Sampaloc,
Manila since 2008, and had complied with the one-year period required to run for Councilor.
 On June 19, 3013, Bacani filed a Motion to Intervene, alleging that since Chua should be disqualified, she be the
proclaimed Councilor as she was ranked 7th among all candidates. Bacani argued that Chua was a dual citizen, rendering
Chua unqualified to run for Councilor. Based on the Bureau of Immigration, Chua was allegedly naturalized as an
American citizen in 1997 and was issued an American passport in 2006. Chua took an Oath of Allegiance to the
Philippines in 2011 but still continued to use her American passport twice in 2012 and once in 2013. More importantly,
Chua did not execute an oath of renunciation of her American Citizenship.
 The Commission on Elections Second Division resolved Fragata’s petition and allowed Bacani’s Motion to Intervene.
Issue/s: Ruling:
W/N Chua is disqualified to run for Councilor.  Petition is DISMISSED.

Holding:
YES. Petitioner failed to execute a sworn and personal renunciation of her foreign citizenship particularly required of those seeking
elective public office. Section 5(2) of the Citizenship Retention and Reacquisition Act of 2003 provides:
“2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by
the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;”

Petitioner cannot claim that she has renounced her American citizenship by taking the Oath of Allegiance. The oath of allegiance
and the sworn and personal renunciation of foreign citizenship are separate requirements, the latter being an additional
requirement for qualification to run for public office.

With petitioner’s failure to execute a personal and sworn renunciation of her American citizenship, petitioner was a dual citizen at
the time she filed her Certificate of Candidacy on October 3, 2012. Under Section 40 of the Local Government Code, she was
disqualified to run for Councilor in the Fourth District of Manila during the 2013 National and Local Elections.

With her dual citizenship existing prior to the filing of the certificate of candidacy, her Certificate of Candidacy was void ab initio.
She was correctly considered a noncandidate. All votes casted for her were stray, and the person legally entitled to the position is
private respondent Krystle Marie C. Bacani, the candidate with the next highest number of votes among the eligible candidates.