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FACTS:
Petitioner alleges that private respondent Tambunting is not
eligible to run for public office because he lacked citizenship
requirements and residency requirements necessary for said
office. Petitioner claims that Tambunting is not a Filipino citizen
but a naturalized American citizen. Tambunting on the other
hand says that he is born of a Filipino mother and an American
father therefore making him a dual citizen and not a naturalized
American citizen. Private respondent also stated that he took an
oath of allegiance by virtue of R.A. 9225 (Citizen Retention and
Reacquisition act of 2003) and he resided in the Philippines
since birth.
The COMELEC dismissed the complaint because petitioner
failed to substantiate his claim but commissioner Sarmiento
pointed out that Tambunting can be considered a person with
dual citizenship but he effectively renounced his American
citizenship when he filed the certificate of candidacy in 2001 and
2004 and ran for public office.
ISSUE:
Whether or not private respondent Tambunting is eligible for
public office?
DESICION:
Yes he is eligible for public office.
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
to be one, when they run for public office they just have to elect
their Philippine citizenship to terminate their status as persons
with dual citizenship. The problem posits when it is an issue of
dual allegiance, which may be a ground for disqualification,
because it is a result of ones volition. One simply cannot govern
a place where their allegiance is not fully dedicated to the place
where they ought to serve.
Japzon v COMELEC
FACTS:
HELD:
ISSUE:
Whether or not Ty is ineligible to be mayor of the Municipality of
General McArthur, Eastern Samar?
DECISION: