Maquiling vs. Comelec, G.R. No. 195649, Apr.

16, 2013
ISSUE: By using his foreign passport after renouncing his foreign citizenship, is a dual citizen
divested of his Filipino citizenship and, thus, disqualified to hold public office?
RULING: Between 03 April 2009, the date he renounced his foreign citizenship, and 30
November 2009, the date he filed his COC, he used his US passport four times, actions that run
counter to the affidavit of renunciation he had earlier executed. By using his foreign passport,
Arnado positively and voluntarily represented himself as an American, in effect declaring before
immigration authorities of both countries that he is an American citizen, with all attendant rights
and privileges granted by the United States of America. The renunciation of foreign citizenship is
not a hollow oath that can simply be professed at any time, only to be violated the next day. It
requires an absolute and perpetual renunciation of the foreign citizenship and a full divestment of
all civil and political rights granted by the foreign country which granted the citizenship. While
the act of using a foreign passport is not one of the acts enumerated in Commonwealth Act No.63
constituting renunciation and loss of Philippine citizenship, it is nevertheless an act which
constitute a positive declaration that one is a citizen of the country which issued the passport, or
that a passport proves that the country which issued it recognizes the person named therein as its
national. Thus to allow a former Filipino who reacquires Philippine citizenship to continue using
a foreign passport even after the Filipino has renounced his foreign citizenship, is to allow a
complete disregard of RA 9225 in relation to Section 40(d) of the Local Government Code.