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06 MAQUILING V COMELEC

Respondent Arnado was a natural born Filipino citizen who became a naturalized American citizen and lost his Filipino citizenship. He later applied for and obtained repatriated Filipino citizenship under RA 9225. However, he was disqualified from running for mayor because he had used his American passport, which showed he represented himself as an American citizen after renouncing his foreign citizenship. This voluntary act of using a foreign passport meant he reverted to his prior status as a dual citizen, which prohibits him from holding public office under Philippine law.

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Enzo Perez
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235 views1 page

06 MAQUILING V COMELEC

Respondent Arnado was a natural born Filipino citizen who became a naturalized American citizen and lost his Filipino citizenship. He later applied for and obtained repatriated Filipino citizenship under RA 9225. However, he was disqualified from running for mayor because he had used his American passport, which showed he represented himself as an American citizen after renouncing his foreign citizenship. This voluntary act of using a foreign passport meant he reverted to his prior status as a dual citizen, which prohibits him from holding public office under Philippine law.

Uploaded by

Enzo Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Casan

Macode MAQUILING, pet. v. COMELEC, Rommel Arnado y Cagoco, Linog G. Balia, res.
G.R. No. 195649
April 16, 2013

FACTS:
Respondent Arnado is a natural born Filipino citizen. He was naturalized as an American
citizen and lost his Filipino citizenship. Sometime, he applied for repatriation under R.A. 9225.
Furthermore, he took the oath of allegiance twice and executed an Affidavit of Renunciation. In
2009, Arnado filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del Norte, which
contains that he is a natural born/ naturalized Filipino Citizen. However, his opponent, Balua,
filed a petition to disqualify Arnado on the grounds that he is a foreigner. To support his claim,
Balua presented a computer-generated travel record of Arnado using his American passport.
Petitioner Maquiling is the second placer in the elections, therefore he intervened.


ISSUE:
WON the use of a foreign passport after renouncing foreign citizenship affects one’s
qualifications to run for public office.


HELD:
Yes. The act of using a foreign passport does not divest Arnado of his Filipino citizenship,
which he acquired by repatriation. However, by representing himself as an American citizen,
Arnado voluntarily and effectively reverted to his earlier status as a dual citizen. Such reversion
was not retroactive; it took place the instant Arnado represented himself as an American citizen
by using his US passport. And as a dual citizen he cannot run for public office.


DOCTRINE:
The use of foreign passport after renouncing one’s foreign citizenship is a positive and
voluntary act of representation as to one’s nationality and citizenship; it does not divest Filipino
citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify
one to run for an elective position.

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