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ISSUE:
DESICION:
HELD:
The fact that he had dual citizenship did not disqualify him from
running for public office. In a previous case decided by the
Supreme Court it was held that dual citizenship is not a ground
for disqualification from running for any elective local position. In
cases of dual citizenship, where it is most of the time involuntary
Japzon v COMELEC No he is not ineligible; he is eligible to be mayor.
FACTS: HELD:
Japzon filed a petition to the COMELEC to disqualify Ty from R.A. 9225 imposes no residency requirement for the
running for public office and the cancellation of the certificate of reacquisition or retention of Philippine citizenship on the current
candidacy. For the reason that Ty was not able to fulfill the residence of the concerned natural-born Filipino. Ty’s intent to
requirements in running for public office- he was not able to establish a new domicile of choice in eastern Samar became
renounce his foreign citizenship and he did not reside in East apparent when he applied for a Philippine passport indicating
Samar long enough to be able to run for public office. He that his residence or domicile in the Philippines was at Mabini
contended that private respondent left the Philippines from July St., Brgy 6, Poblacion, Gen McArthur, Eastern Samar,
2006-January 2007 while still declaring his American citizenship. Philippines. The Supreme Court held that the length of
Private respondent (Ty) admitted that he was a natural born residence shall be determined from the time he made it his
Filipino then went to the USA to work and then became a domicile of choice. The court sees no basis for it to require Ty to
naturalized citizen there. Ty contended that he already fulfilled never leave the address he stated, the fact that he returned
the necessary requirements to become a Filipino citizen once after his trips proved his intent to stay in the said address.
again and to be able to run for public office. He was able to
apply for reacquisition of Philippine citizenship in Los Angeles
from the Philippine consulate general office. And on October
2005 he executed an oath of allegiance to the Republic of the
Philippines in Los Angeles from the Vice Consul of the
Philippine Consulate General. And when he applied for a
Philippine Passport on October 26, 2005, he indicated that his
address was at east samar where he would reside. The
passport was approved and later he paid taxes in the said
address and obtained tax certificate from the said address. He
even became a registered voter in the said address. He then
renounced his citizenship by March 19, 2007. He had
reacquired Filipino Citizenship, renounced his American
citizenship, and lived in east Samar for more than a year prior to
the May 14, 2007 elections.
ISSUE:
DECISION: