Title: MAQUILING v COMELEC

GR No. 195649
Date: April 16, 2013
Ponente: Sereno, CJ.
Parties:
Petitioner: Casan Macode Maquiling
respondents: Commission on Elections, Rommel Arnado y Cagoco, Linog G. Balua
Facts:
Respondent Arnado is natural born Filipino citizen but he subsequently lost this because he became a naturalized U.S. citizen.
However, he regained his citizenship back after successfully applying for repatriation and taking his Oath of Allegiance to the
Philippines on July 10, 2008. The same oath was again taken by the respondent on April 2 2009 and he also executed an Affidavit
of Renunciation of his foreign citizenship.
November 30, 2009, respondent filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del Norte. This was assailed by
one of his opposing candidates, respondent Balua. Balua says that he must be disqualified because he is a foreigner. His most
significant evidence supporting this was the record which shows that Arnado continued to use his US passport when he left and
returned to the Philippines on April and June of 2009.
The petition did not progress and Arnado eventually won the 2010 elections and was proclaimed as Mayor. It was only after his
proclamation that he presented proof of his citizenship. However, the COMELEC ruled that he is NOT a Filipino citizen because his
continued use of his US passport negated his Affidavit of Renunciation. Thus, Arnados proclamation as Mayor was annulled and it
was held that the order of succession in Section 44 of the Local Government Code (LGC) must take effect. This law provides that
the Vice-Mayor will become Mayor in case of the Mayors disqualification.
Arnado filed a Motion for Reconsideration with the COMELEC En Banc his main excuse being that he immediately used his
Philippine passport once he was notified of his issuance. This is also the time when Petitioner Maquiling, the mayoralty candidate
who garnered the second highest votes, intervened. One of his contentions being that Section 44 of the LGC should not be followed
as Arnado was not even a legitimate candidate and that he is the rightful winner.
Arnado then alleged that an intervention is prohibited after a decision has already been rendered, and that Maquiling had already
lost the elections and thus has no standing in the final adjudication of the case.
The COMELEC En Banc agreed with the First division in saying that Section 44 should take effect. It also said that the use of a US
passport does not operate to un-renounce. Arnados excuse that he was not notified of the issuance of his passport is valid.
Moreover, interventions are still allowed as long as there has been no final judgment of the case by virtue of Section 6 of R.A. No.
6646.
Hence this appeal.
Issues:
1. WON Arnado should be disqualified based on his citizenship-YES.
2. WON the rule on succession in the Local Government Code is applicable in this case-NO.
Ratio:
Arnados use of his US passport did not divest him of his Philippine citizenship but he was reverted to his earlier status of being a
dual citizen by naturalization. Unlike natural born dual citizens, those who are naturalized need to obtain an oath of renunciation and
abide by it if they want to run for public office. Section 40(d) of the LGC prohibits dual citizens to hold public office. His subsequent
use of his Philippine passport does not undo his earlier use of his Philippine passport. Holding public office demands full and
undivided allegiance to the Republic and to no other,
Maquling is not a second-placer as he obtained the highest number of votes among the qualified candidates. A void COC cannot
produce a legal-effect. As mentioned in Frivaldo v. COMELEC The popular vote does not cure the ineligibility of a candidate.
Qualifications must be met before one becomes a candidate. Proclamation is also of no moment. Arnados Certificate of Candidacy
was void from the start. Rule on succession under the LGC cannot apply as Arnado was not even a legitimate candidate in the first
place.
Petition is GRANTED. Arnado is DISQUALIFIED from running for any local elective position and MAQUILING is DECLARED as the
duly elected Mayor.

Dissenting opinion by Brion, J.

The dissent concentrates on the following points. First, that Arnado violated his Oath of Renunciation when he used his US passport
to travel twice and thus, he reverted back to his dual citizenship. Second, that the second-placer should be rightfully proclaimed as
Mayor.
Arnado didnt violate his oath because the use of his passport was a mere isolated act and was fully justified by the circumstances.
This also did not amount to an express renunciation of his Philippine citizenship. Also, all doubts should be resolved in favor of
Arnados eligibility. Consequently, Maquiling cannot be the rightful winner of the Mayoralty seat.