Labo V Comelec

Labo, Jr. vs. COMELEC Facts: Ramon Labo, Jr. married an Australian citizen in the Philippines. He was granted Australian citizenship. His marriage was later declared void for being bigamous. Labo returned to the Philippines using an Australian passport and obtained an Alien Certificate of Registration (ACR). He applied for a change in status from immigrant to returning Filipino citizen, but was denied by the Commission on Immigration and Deportation since he has not applied for reacquisition of his Filipino citizenship. Labo ran and won as Mayor of Baguio City. The second-placer, Luis Lardizabal, filed a petition for quo warranto, alleging that Labo is disqualified from holding public office on the grounds of alienage, and asking that the latter's proclamation as Mayor be annulled. 1st Issue: WON Ramon Labo, Jr. is a Filipino citizen and hence qualified to hold public office in the Philippines. Held: No. Labo is not a Filipino citizen. He had lost his Philippine citizenship by all three modes specified in the Constitution: (1) naturalization in a foreign country, (2) express renunciation of citizenship, and (3) subscribing to an oath of allegiance to support the Constitution or laws of a foreign country. Labo’s naturalization in Australia did not confer him with dual citizenship. The Constitution explicitly states that dual citizenship is inimical to national interest. The contention that his marriage to an Australian national did not automatically divest him of Filipino citizenship is irrelevant. There was no claim that Labo had automatically ceased to be a Filipino because of that marriage. Also, his Filipino citizenship has not been automatically restored upon the annulment of his Australian citizenship, when his marriage was declared void on the grounds of bigamy. He has not reacquired Philippine citizenship by any of the three methods prescribed in the Constitution: (1) direct act of Congress, (2) naturalization, and (3) repatriation. The earlier contrary decision by the COMELEC is totally baseless, and is even alleged to have been politically motivated. It can also be reversed because the doctrine of res judicata does not apply to questions of citizenship. Not being a Filipino citizen, Labo is ineligible to hold public office in the Philippines. 2nd Issue: Whether Lardizabal can replace Labo if the latter is ineligible to serve as Mayor. Held: No. Despite getting the second highest number of votes, Lardizabal cannot assume the position of Mayor because he has not been duly elected by the people of Baguio City. Being a second-placer, he clearly is not the

choice of the people. Labo's disqualification alone does not entitle him to take office. Instead, the elected Vice Mayor shall replace Labo.