Aznar vs.

COMELEC
GR No. 83820, May 25, 1990

FACTS:
1. On Jan. 22, 1988, petitioner filed a petition for qualification against Osmeña, who filed a
COC for provincial governor on Nov. 19, 1987, is an American citizen. He provided a
certification stating that Osmeña is an American and is a holder of an ACR and
Immigrant Certificate of Residence.
2. Osmeña maintained that he is a Filipino citizen since he is the legitimate child of a
Filipino, he is a holder of a valid PH passport, he has been continuously residing in the
country since birth, he has been a registered voter since 1965.
3. COMELEC proclaimed Osmeña as provincial governor, having obtained the highest
votes.

ISSUE: Whether Osmena is a Filipino citizen qualified to hold public office.

HELD:
While the petition for disqualification was filed out of time, in violation of the relevant provision
under the Omnibus Election Code (BP 881), the Court deemed it as a matter of public interest to
ascertain Osmena’s citizenship and qualification.
Petitioner’s contention is not supported by substantial and convincing evidence. He failed to
present direct proof that Osmena had lost his Filipino citizenship by any of the modes provided
for under C.A. No. 63. In concluding that private respondent had been naturalized as a citizen of
the United States of America, the petitioner merely relied on the fact that private respondent was
issued alien certificate of registration and was given clearance and permit to re-enter the
Philippines by the Commission on Immigration and Deportation. Petitioner assumed that because
of the foregoing, the respondent is an American and "being an American", private respondent
"must have taken and sworn to the Oath of Allegiance required by the U.S. Naturalization
Laws."

Philippine courts are only allowed to determine who are Filipino citizens and who are not.
Whether or not a person is considered an American under the laws of the United States does not
concern Us here.

Considering the fact that admittedly Osmeña was both a Filipino and an American, the mere fact
that he has a Certificate stating he is an American does not mean that he is not still a Filipino. He
possesses both nationalities or citizenships. There can be no such loss of Philippine 'citizenship
when there is no renunciation