Case No: 19 On 28 April 2010, respondent Linog C.

Subtopic: Recantation of Oath of Renunciation Balua (Balua), another mayoralty candidate, filed
a petition to disqualify Arnado and/or to cancel his
Case Title: CASAN MACODE MAQUILING, vs. certificate of candidacy for municipal mayor of
COMMISSION ON ELECTIONS, ROMMEL Kauswagan, Lanao del Norte in connection with
ARNADO y CAGOCO, LINOG G. BALUA the 10 May 2010 local and national elections. He
contended that Arnado is not a resident of
G.R. No. 195649 April 16, 2013 Kauswagan, Lanao del Norte and that he is a
foreigner, attaching thereto a certification issued
Doctrine: The Court held that the use of foreign by the Bureau of Immigration dated 23 April 2010
passport after renouncing one’s foreign indicating the nationality of Arnado as "USA-
citizenship is a positive and voluntary act of American." To further bolster his claim of
representation as to one’s nationality and Arnado’s US citizenship, Balua presented in his
citizenship; it does not divest Filipino citizenship Memorandum a computer-generated travel
regained by repatriation but it recants the Oath of record dated 03 December 2009 indicating that
Renunciation required to qualify one to run for an Arnado has been using his US Passport No.
elective position. 057782700 in entering and departing the
Philippines. The said record shows that Arnado
FACTS: left the country on 14 April 2009 and returned on
25 June 2009, and again departed on 29 July
Respondent Arnado is a natural born 2009, arriving back in the Philippines on 24
Filipino citizen. However, as a consequence of November 2009.
his subsequent naturalization as a citizen of the
United States of America, he lost his Filipino On 30 April 2010, the COMELEC (First
citizenship. Arnado applied for repatriation under Division) issued an Order requiring the
Republic Act (R.A.) No. 9225 before the respondent to personally file his answer and
Consulate General of the Philippines in San memorandum within three (3) days from receipt
Franciso, USA and took the Oath of Allegiance to thereof.
the Republic of the Philippines on 10 July 2008. After Arnado failed to answer the petition,
On the same day an Order of Approval of his Balua moved to declare him in default and to
Citizenship Retention and Re-acquisition was present evidence ex-parte.
issued in his favor Neither motion was acted upon, having
been overtaken by the 2010 elections where
On 3 April 2009 Arnado again took his Arnado garnered the highest number of votes and
Oath of Allegiance to the Republic and executed was subsequently proclaimed as the winning
an Affidavit of Renunciation of his foreign candidate for Mayor of Kauswagan, Lanao del
citizenship Norte.
It was only after his proclamation that
On 30 November 2009, Arnado filed his Arnado filed his verified answer, submitting the
Certificate of Candidacy for Mayor of Kauswagan, following documents as evidence:
Lanao del Norte, which contains, among others, 1. Affidavit of Renunciation and Oath of
the following statements: Allegiance to the Republic of the Philippines
dated 03 April 2009;
I am a natural born Filipino citizen / naturalized 2. Joint-Affidavit dated 31 May 2010 of
Filipino citizen. Engr. Virgil Seno, Virginia Branzuela, Leoncio
I am not a permanent resident of, or immigrant to, Daligdig, and Jessy Corpin, all neighbors of
a foreign country. Arnado, attesting that Arnado is a long-time
I am eligible for the office I seek to be elected to. resident of Kauswagan and that he has been
I will support and defend the Constitution of the conspicuously and continuously residing in his
Republic of the Philippines and will maintain true family’s ancestral house in Kauswagan;
faith and allegiance thereto. I will obey the laws, 3. Certification from the Punong
legal orders and decrees promulgated by the duly Barangay of Poblacion, Kauswagan, Lanao del
constituted authorities. Norte dated 03 June 2010 stating that Arnado is
I impose this obligation upon myself voluntarily a bona fide resident of his barangay and that
without mental reservation or purpose of evasion. Arnado went to the United States in 1985 to work
and returned to the Philippines in 2009;
 4. Certification dated 31 May 2010 from Arnado filed a motion for reconsideration
the Municipal Local Government Operations and Maquiling, who garnered the 2nd highest
Office of Kauswagan stating that Dr. Maximo P. votes after Arnado, filed a motion for intervention.
Arnado, Sr. served as Mayor of Kauswagan, from
January 1964 to June 1974 and from 15 February COMELEC En Banc ruled that Maquiling
1979 to 15 April 1986; and would not be prejudiced by the outcome of the
5. Voter Certification issued by the case because the order of succession under Sec
Election Officer of Kauswagan certifying that 44 of LGC shall take effect.
Arnado has been a registered voter of
Kauswagan since 03 April 2009. Also, it reversed the decision of the
(refer to the ruling for the decisions of COMELEC COMELEC First Division and granted the MR of
First Division and En Banc) Arnado. It stated that: By renouncing his US
Maquiling filed the instant petition citizenship as imposed by R.A. No. 9225, the
questioning the propriety of declaring Arnado respondent embraced his Philippine citizenship
qualified to run for public office despite his as though he never became a citizen of another
continued use of a US passport, and praying that country. It was at that time, April 3, 2009, that the
Maquiling be proclaimed as the winner in the respondent became a pure Philippine Citizen
2010 mayoralty race in Kauswagan, Lanao del again.
Norte. The use of a US passport … does not
operate to revert back his status as a dual citizen
prior to his renunciation as there is no law saying
ISSUE: Whether or not the use of a foreign such. More succinctly, the use of a US passport
passport after renouncing foreign citizenship does not operate to "un-renounce" what he has
amounts to undoing earlier made. earlier on renounced. The First Division’s reliance
in the case of In Re: Petition for Habeas Corpus
RULING: of Willy Yu v. Defensor-Santiago, et al. is
misplaced. The petitioner in the said case is a
The COMELEC First Division treated the naturalized citizen who, after taking his oath as a
action as one for disqualification instead of naturalized Filipino, applied for the renewal of his
cancellation of CoC. They ruled that although Portuguese passport. Strict policy is maintained
Arnado appears to have substantially complied in the conduct of citizens who are not natural born,
with the requirements of R.A. 9225, his consistent who acquire their citizenship by choice, thus
use of his US Passport after renouncing his US discarding their original citizenship. The
Citizenship effectively negated his affidavit of Philippine State expects strict conduct of
renunciation. allegiance to those who choose to be its citizens.
In the present case, respondent is not a
It ruled: Arnado’s continued use of his US naturalized citizen but a natural born citizen who
passport is a strong indication that Arnado had no chose greener pastures by working abroad and
real intention to renounce his US citizenship and then decided to repatriate to supposedly help in
that he only executed an Affidavit of Renunciation the progress of Kauswagan. He did not apply for
to enable him to run for office. We cannot turn a a US passport after his renunciation. Thus the
blind eye to the glaring inconsistency between mentioned case is not on all fours with the case
Arnado’s unexplained use of a US passport six at bar.
times and his claim that he re-acquired his
Philippine citizenship and renounced his US The respondent presented a plausible
citizenship. explanation as to the use of his US passport.
Although he applied for a Philippine passport, the
COMELEC First Division ruled for the passport was only issued on June 18, 2009.
disqualification and/or to cancel the certificate of However, he was not notified of the issuance of
candidacy of Rommel C. Arnado. His his Philippine passport so that he was actually
proclamation as the winning candidate for able to get it about three (3) months later. Yet as
Municipal Mayor of Kauswagan, Lanao del Norte soon as he was in possession of his Philippine
was also annulled. passport, the respondent already used the same
in his subsequent travels abroad. This fact is
proven by the respondent’s submission of a
certified true copy of his passport showing that he
used the same for his travels on the following all civil and political rights granted by the foreign
dates: January 31, 2010, April 16, 2010, May 20, country which granted the citizenship.
2010, January 12, 2010, March 31, 2010 and
June 4, 2010. This then shows that the use of the When Arnado used his US passport on
US passport was because to his knowledge, his 14 April 2009, or just eleven days after he
Philippine passport was not yet issued to him for renounced his American citizenship, he recanted
his use. As probably pressing needs might be his Oath of Renunciation that he "absolutely and
undertaken, the respondent used whatever is perpetually renounce(s) all allegiance and fidelity
within his control during that time. to the UNITED STATES OF AMERICA" and that
he "divest(s) himself of full employment of all civil
The Court held that the use of foreign and political rights and privileges of the United
passport after renouncing one’s foreign States of America."
citizenship is a positive and voluntary act of
representation as to one’s nationality and We agree with the COMELEC En Banc
citizenship; it does not divest Filipino citizenship that such act of using a foreign passport does not
regained by repatriation but it recants the Oath of divest Arnado of his Filipino citizenship, which he
Renunciation required to qualify one to run for an acquired by repatriation. However, by
elective position. representing himself as an American citizen,
Arnado voluntarily and effectively reverted to his
By renouncing his foreign citizenship, he earlier status as a dual citizen. Such reversion
was deemed to be solely a Filipino citizen, was not retroactive; it took place the instant
regardless of the effect of such renunciation Arnado represented himself as an American
under the laws of the foreign country. However, citizen by using his US passport. This act of using
this legal presumption does not operate a foreign passport after renouncing one’s foreign
permanently and is open to attack when, after citizenship is fatal to Arnado’s bid for public office,
renouncing the foreign citizenship, the citizen as it effectively imposed on him a disqualification
performs positive acts showing his continued to run for an elective local position. In effect,
possession of a foreign citizenship. Arnado was solely and exclusively a Filipino
citizen only for a period of eleven days, or from 3
Arnado himself subjected the issue of his April 2009 until 14 April 2009, on which date he
citizenship to attack when, after renouncing his first used his American passport after renouncing
foreign citizenship, he continued to use his US his American citizenship.
passport to travel in and out of the country before
filing his certificate of candidacy on 30 November We therefore hold that Arnado, by using
2009. The pivotal question to determine is his US passport after renouncing his American
whether he was solely and exclusively a Filipino citizenship, has recanted the same Oath of
citizen at the time he filed his certificate of Renunciation he took. Section 40(d) of the Local
candidacy, thereby rendering him eligible to run Government Code applies to his situation. He is
for public office. disqualified not only from holding the public office
but even from becoming a candidate in the May
Between 03 April 2009, the date he 2010 elections.
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