Lopez Vs Comelec

EUSEBIO EUGENIO K. LOPEZ, PETITIONER, VS. COMMISSION ON ELECTIONS AND TESSIE P. VILLANUEVA, RESPONDENTS. RESOLUTION A Filipino-American or any dual citizen cannot run for any elective public position in the Philippines unless he or she personally swears to a renunciation of all foreign citizenship at the time of filing the certificate of candidacy. FACTS: Petitioner Lopez, a dual citizen, was a candidate for the position of Chairman of Barangay Bagacay, San Dionisio, Iloilo City held on October 29, 2007, who eventually emerged as the winner. On October 25, 2007, respondent Villanueva filed a petition before the Provincial Election Supervisor of the Province of Iloilo, praying for the disqualification of Lopez (American citizen), hence, ineligible from running for any public office. Lopez argued that he is a Filipino-American, by virtue of the Citizenship Retention and Reacquisition Act of 2003.He said, he possessed all the qualifications to run for Barangay Chairman. On February 6, 2008, COMELEC issued the Resolution granting the petition for disqualification of Lopez from running as Barangay Chairman. COMELEC said, to be able to qualify as a candidate in the elections, Lopez should have made a personal and sworn renunciation of any and all foreign citizenship. His motion for reconsideration having been denied, Lopez resorted to petition for certiorari, imputing grave abuse of discretion on the part of the COMELEC for disqualifying him from running and assuming the office of Barangay Chairman. RULING: SC dismissed the petition. The COMELEC committed no grave abuse of discretion in disqualifying petitioner as candidate for Chairman in the Barangay elections of 2007 Lopez was born a Filipino but he deliberately sought American citizenship and renounced his Filipino citizenship. He later on became a dual citizen by re-acquiring Filipino citizenship. R.A. No. 9225 expressly provides for the conditions before those who re-acquired Filipino citizenship may run for a public office in the Philippines. Section 5 of the said law states: Section 5. Civil and Political Rights and Liabilities. - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (2) Those seeking elective public office in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath. (Emphasis added) Lopez was able to regain his Filipino Citizenship by virtue of the Dual Citizenship Law when he took his oath of allegiance before the Vice Consul of the Philippine Consulate General's Office in Los Angeles, California, the same is not enough to allow him to run for a public office. Lopez's failure to renounce his American citizenship as proven by the absence of an affidavit that will prove the contrary leads this Commission to believe that he failed to comply with the positive mandate of law.

Under the law, for the renunciation to be valid, it must be contained in an affidavit duly executed before an officer of law who is authorized to administer an oath. The affiant must state in clear and unequivocal terms that he is renouncing all foreign citizenship for it to be effective. While it is true that petitioner won the elections, took his oath and began to discharge the functions of Barangay Chairman, his victory can not cure the defect of his candidacy. Garnering the most number of votes does not validate the election of a disqualified candidate because the application of the constitutional and statutory provisions on disqualification is not a matter of popularity