Gutierrez, Merlyn U.

Reyes vs. COMELEC, G.R. No. 207264

June 25, 2013

Facts
This petition arose from COMELEC’s First Division issued resolution cancelling
the petitioner’s Certificate of Candidacy on the basis that petitioner is not a citizen of the
Philippines because of her failure to comply with the requirements of Republic Act No.
9225. Petitioner filed a Motion for Reconsideration but the COMELEC en banc, denied
her motion due to lack of merit. The petitioner  was proclaimed as winner in the
elections for the position of Representative of the lone district of Marinduque. The
COMELEC en banc issued a Certificate of Finality declaring that it’s resolution is final
and executory. The petitioner then filed her petition for certiorari with prayer of
temporary restraining order and/or status quo ante order.

Issue
Whether or not the COMELEC erred in its ruling that the petitioner is eligible to
run for office.

Ruling
The Supreme Court affirmed the resolution of the COMELEC cancelling the
petitioner’s Certificate of Candidacy on the ground that she is not a Filipino citizen.
There is no showing that the petitioner reacquired her Filipino citizenship pursuant to
RA 9225 so as to conclude that the petitioner renounced her American citizenship and it
follows that she has not abandoned her domicile of choice in the USA. Petitioner’s claim
that  she stayed in the said locality when she served as Provincial Administrator cannot
substitute the fact that she has not abandoned her domicile of choice in the USA and
remains to be an American citizen.

Doctrine/Concept
Article 37 of the New Civil Code speaks of capacity to act by which it gives the
power to do acts with legal effect. However, there are circumstances which modify or
limit capacity to act such as age, insanity, imbecility, the state of being a deaf-mute,
penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship.
In this case, the petitioner’s capacity to act, that is to run on the elections, has
been restricted and limited within the concept of alienage as it was found out that she is
not a Filipino citizen, a requirement to run and hold a position as representative.