G.R. No. 83820 May 25, 1990 [185] PETITIONER: RESPONDENTS: Jose B.

Aznar COMELEC Emilio Mario Renner Osmea

NATURE OF THE CASE: A petition for certiorari assailing the Resolution of COMELEC dated June 1988, which dismissed the petition for the disqualification of Emilio Lito Osmea as candidate for Provincial Governor of Cebu. FACTS: November 19, 1987: Osmea filed his certificate of candidacy with COMELEC for Provincial Governor of Cebu for the January 18, 1988 local elections. January 22, 1988: Jose B. Aznar (Cebu-PDP Laban) filed with COMEL a petition for disqualification because Osmea is allegedly not a Filipino but a citizen of the US of A. January 27, 1988 Azna filed a 1. Formal Manifestation submitting a Certificate issued by Defensor (Immigration and Deportation Commissioner) about Osmea being an American and a holder of an ACR and ICR issued at Manila, March 27 & 28, 2958. 2. Supplemental Urgent Ex- Parte Motion for the Issuance of a TRO to temporarily enjoin the Cebu Provincial Board of Canvassers from tabulating the votes cast in favor of Osmea and from proclaiming him the winner. January 28, 1988: COMELEC ordered the Board to continue canvassing but to suspend the proclamation. Petitioner: Documentary proofs that the private respondent is an American: 1. Application for Alien Registration Form No. 1 (November 21, 1979) 2. Alien Certificate of Registration (November 21, 1979) 3. Permit to Re-enter the Philippines (November 21, 1979) 4. Immigration Certificate of Clearance (January 03, 1980) Private Respondent: He is a Filipino Citizen 1. Legitimate child of Dr. Emilio Osmea -Filipino, son of President Sergio Osmea, Sr. 2. Holder of a valid and subsisting Philippine Passport (March 25, 1987) 3. Continuously residing in the Philippines 4. Has not gone out of the country for more than 6 months 5. Registered voter since 1965 March 03, 1988: June 11, 1988: COMELEC directed the Board of Canvassers to proclaim the winning candidates. He won. COMELEC dismissed the petition for disqualification: 1. Not have been timely filed 2. Lack of sufficient proof that the private respondent is not a Filipino Citizen

Two instances to file a petition and raise the question of a candidates qualifications: 1. Before the election: 25 days after the filing of the certificate of candidacy, 15 days before the election Petition to deny due course or to cancel a certification of candidacy 2. After the election: 10 days after the proclamation of the results of the election Petition for quo warranto  The petition for disqualification was filed beyond the 25 day period required in Sec. 78, Omnibus Election Code.  Cannot be treated as a Quo Wararnto, unquestionably premature.

ISSUE/Ratio/ Held W/N Lito Osmea is a Filipino Citizen, qualified to hold the public office he was proclaimed elected. Yes Petitioners contention that Osmea is not a Filipino citizen but an American is not supported by substantial and convincing evidence. o Failed to present direct proof that Osmea lost his Filipino citizenship by any modes  Naturalization in a foreign country  Renunciation of citizenship  Subscription to an oath of allegiance to a foreign country o Merely relied on the fact that he was issued an ACR and given clearance and permit to re-enter the Philippines (Commission on Immigration and Deportation)  Assumed he was American and swore to the Oath of Allegiance of the United States Private respondent denies having taken the Oath of Allegiance of the United States He is a son of Filipino father, holder of a Philippine passport and participated in the electoral process The respondent remains a Filipino and the loss of his Philippine citizenship cannot be assumed o He is both American and Filipino o No express renunciation, no loss of Philippine citizenship RULING: DISSENT: Certiorari is dismissed, Resolution of the COMELEC is affirmed Melencio-Herrera, J.  Obtained an ACR.  Registration as an alien is a clear act/ declaration that he is not a citizen  1987 Constitution: y Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law (Art. 4, Sec. 5) Crus, J.  Obtained an ACR.  Registration as an alien is a clear act/ declaration that he is not a citizen  C.A. No. 63 does not require express renunciation of Philippine citizenship, as long as it is categorical enough with the preference for another country unmistakable, Philippine citizenship is lost.

G.R. Nos. 92191-92 July 310, 1991 PETITIONER: RESPONDENTS: Antonio Y. Co Electoral Tribunal of the House of Representatives Jose Ong, Jr.

G.R. No. 161824 March 03, 2004 PETITIONER: RESPONDENTS: FACTS: December 31, 2003: FPJ filed his certificate of candidacy (President of the Philippines) under KNP y Natural born Filipino, August 20, 1939 January 09, 2004 Victorino X. Fornier initiated a petition docketed SPA No. 04-003 before COMELEC to disqualify FPJ, to deny due course or to cancel his certificate of candidacy because he made a material misrepresentation in his certificate of candidacy by claiming to be a natural born Filipino citizen when he was not one. y Foreign Parents: o Bessie Kelley Poe (American) & Allan Poe (Spanish national) o Lorenzo Pou (Spanish subject) y FPJ is an illegitimate child of an alien mother, Allan F. Poe couldnt have passed his Filipino citizenship to him. o Allan F. Poe had a prior marriage to Paulita Gomez o Allan F. Poe only married Bessie Kelley a year after FPJ was born January 19, 2004 Fornier submitted in a hearing before the 3rd division of the COMELEC: ISSUE: W/N FPJ is a natural born Filipino Victorino X. Fornier COMELEC Ronald Allan Kelley Poe (FPJ)