AZNAR vs.

COMELEC
ELMER T. SARABIA
Facts:

• Herein private defendant filed for a certificate of candidacy for 1988 elections which
is contested by Jose B. Aznar of Cebu PDP-Laban Provincial Council on the ground
that private respondent is allegedly not a Filipino citizen.
• Petitioner submitted a Certification that Osmeña is an American, Application for Alien
Registration Form No.1, Alien Certificate Registration and Immigrant Certificate of
Residence of the defendant, thus causing the suspension of the proclamation of the
private defendant.
• Osmeña, in response, maintained his being Filipino by alleging, that his ancestors are
all Filipinos, that he is a holder of a valid and subsisting Philippine Passport, that he
has been continuously residing in the Philippines since birth, that he hasn’t gone out of
the country for more than six months, and that he has been a registered voter since
1965.

Presentation Title 2
Facts:
• COMELEC First division dismissed the petition for not having been timely filed aside
from the lack of proof to the allegation, after the proclamation of the defendant as a
winner by the aforementioned division.
• Under the statutes related to election, there are only two instances where the
qualifications of a registered candidate may be questioned, both of which this case
may not qualify, qualify, however, the court found it necessary to ascertain
respondent’s citizenship and qualification to hold public office as a matter of interest.
ISSUE:
Whether or not private respondent is a Filipino citizen, thus, qualified to hold public
office.

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HELD:
There are three modes thru which an individual loses his Filipino citizenship, (1) by
naturalization in a foreign country; (2) by express renunciation of citizenship; and (3) by
subscribing to an oath of allegiance to a foreign county. None of the aforementioned extinguished
Osmeña’s Filipino citizenship.
Petitioner relied that private respondent was issued an alien certificate of registration as an American
Citizen and was given a clearance and permit to re-enter the Philippines, hence, he is an American, and
must have sworn allegiance to a foreign country. This is found to be a case of non sequitur or it does not
follow. The mere fact that he bears a certification of being an American does not follow that he is not
anymore a Filipino. Swearing of allegiance is also vehemently denied by the private respondent.
Also, repugnance of the Constitution to dual citizenship does not have retroactive effect.
RULING:
Wherefore, the petition for certiorari is hereby dismissed and the resolution of the COMELEC is
affirmed.

Presentation Title 4