ROMMEL C. ARNADO vs.

COMMISSION ON ELECTIONS & CAPITAN

August 18, 2015
G.R. No. 210164
J. Del Castillo

FACTS:

• Petitioner Arnado is a natural-born Filipino citizen who lost his Philippine

citizenship after he was naturalized as a US citizen.
• In preparation for his plans to run for public office in the Philippines, Arnado
applied for repatriation under RA 9225 before the Consul in San Francisco in
2008. He took the Oath of Allegiance and executed an Affidavit of
Renunciation of his foreign citizenship.
• He then filed his 2009 certificate of candidacy for the mayoralty post in
Kauswagan, Lanao del Norte for the 2010 elections. However, his co-
candidate filed a petition to disqualify on the ground that he continued to use
his US passport for entry to and exit from the Philippines after executing his
Affidavit of Renunciation.
• While the petition for disqualification was pending, the 2010 elections
proceeded, wherein Arnado garnered the highest votes and was proclaimed
winner.
• COMELEC 1st Division nullified proclamation and applied rule on succession.
• Maquiling, another co-candidate who garnered the 2nd highest number
votes, contested to the application of the rule on succession.

ISSUE:

W/N Arnado was correctly disqualified from running for public office by virtue of his
use of US passport, which effectively disavowed or recalled his 2009 Affidavit of
Renunciation - YES

RULING:

• Arnado failed to comply with the 2nd requisite because as held in Maquiling,
his 2009 Affidavit of Renunciation was deemed withdrawn when he used his
US passport after executing said affidavit. Since then up to the time he filed
his COC in 2012, Arnado had not cured the defect in his qualification.
• Arnado has not yet satisfied the twin requirements of Section 5(2) of RA
9225 at the time he filed his COC for the May 13, 2013 elections.
• Under 4(d) of the Local Government Code (LGC), a person with “dual
citizenship” is disqualified from running for any elective local position. This
refers to dual allegiance. Consequently, congress enacted RA 9225 allowing
natural-born citizens who have lost their Philippine citizenship by reason of
 naturalization abroad to reacquire their Philippine citizenship and enjoy full
civil and political rights.
• Hence, they may now run for public office provided they:
1. Meet the qualifications for holding such public office, and
2. Make a personal and sworn renunciation of any and all foreign citizenships
before any public officer authorized to administer an oath, prior to or at
the time of filing their COC.
• Obtaining a landslide victory does not override the requirements set by law.
The fact that he garnered 84% of the total votes cast in Kauswagan cannot
override the constitutional and statutory requirements for qualifications and
disqualifications. Election victory cannot be used as a magic formula to
bypass election eligibility requirements; otherwise, certain provisions of laws
pertaining to elections will become toothless.