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LAW 100 Persons and Family Relations

Prof. Katrina Legarda MF 1:30 3:30 Rm. 208

TOPIC Restriction on Civil Capacity: Alienage


CASE NO / DATE G.R. No. 176947 / February 19, 2009;
PETITIONER GAUDENCIO M. CORDORA vs
RESPONDENTS COMMISSION ON ELECTIONS and GUSTAVO S. TAMBUNTING
PONENTE CARPIO, J.

FACTS

In his complaint filed before the COMELEC Law Department, Tambunting maintained that he did not make any
Cordora asserted that Tambunting made false assertions in his misrepresentation in his certificates of candidacy and
Certificate of Candidacy in the following areas: presented the following proof and assertions:
Citizenship o Cordora presented a certification from the o Tambunting presented a copy of his birth certificate
I am a Natural Bureau of Immigration which stated that, which showed that he was born of a Filipino mother
Born/Filipino Citizen
in two instances, Tambunting claimed that and an American father. Tambunting further denied
he is an American: upon arrival in the that he was naturalized as an American citizen. The
Philippines on 16 December 2000 and certificate of citizenship conferred by the US govt after
upon departure from the Philippines on his father petitioned him through INS Form I-130
17 June 2001. (Petition for Relative) merely confirmed his citizenship
which he acquired at birth.
o He also took oath of allegiance on Nov. 18, 2003
pursuant to Republic Act No. 9225. [see below]
Residency o According to Cordora, the above travel o Tambunting has resided in the Philippines since birth,
No. of years of dates confirmed that Tambunting imbibed the Filipino culture, has spoken the Filipino
Residence before
acquired American citizenship through language, and has been educated in Filipino schools.
May 14, 2001.
36 in the Philippines naturalization in Honolulu, Hawaii on 2 Also, the residency requirement is not the same as
and December 2000, and that Tambunting citizenship.
25 in the consequently lost his o
Constituency where I
residency requirement upon said
seek to be elected
naturalization process.
Eligibility for o That Tambunting knowingly and o Given the aforementioned contentions, Tambunting is
Election wilfully affirmed and reiterated that he is eligible to seek election.
I am ELIGIBLE for indeed eligible for the office to which he
the office I seek to
seeks to be elected, when in truth and in
be elected.
fact, the contrary is indubitably
established by his own statements before
the Philippine Bureau of Immigration.

RA No 9225 Citizenship Retention and Reacquisition Act of 2003


AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH
ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES
xxx
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their
Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as
citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
"I _____________________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the
laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental
reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon
taking the aforesaid oath.
xxx
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:
xxx
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;
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities
prior to their assumption of office: Provided, that they renounce their oath of allegiance to the country where they took that oath;
xxx
Gaudencio M. Cordora accused Gustavo S. Tambunting of an election offense Omnibus Election Code Sec. 74
for violating Section 74 in relation to Section 262 of the Omnibus Election The certificate of candidacy shall state that the
Code. person filing it is announcing his candidacy for the
office stated therein and that he is eligible for said
COMELEC Law Department
office x x x; that he will support and defend the
o Cordoras reliance on the certification of the Bureau of Immigration Constitution of the Philippines and will maintain true
that Tambunting travelled on an American passport is not sufficient to faith and allegiance thereto; x x x that he is not a
prove that Tambunting is an American citizen. permanent resident or immigrant to a foreign country
xxx
COMELEC En Banc
o Affirmed the findings and the resolution of the COMELEC Law Omnibus Election Code Sec. 262
Department. The COMELEC En Banc was convinced that Cordora Violation of the provisions, or pertinent portions, of
failed to support his accusation against Tambunting by sufficient and the following sections of this Code shall constitute
election offenses: Sections xxx 74 xxx
convincing evidence.

ISSUE

Whether or not there is probable cause to hold Tambunting for trial for having committed an election offense.

RATION DECIDENDI

There is no probable cause to hold Tambunting for trial for having committed an election offense.

The Court held that Cordora failed to establish that Tambunting indeed willfully made false entries in his certificates of
candidacy. On the contrary, Tambunting sufficiently proved his innocence of the charge filed against him. Tambunting is eligible
for the office which he sought to be elected and fulfilled the citizenship and residency requirements prescribed by the law.

o On citizenship
Commissioner Rene V. Sarmiento observes that Tambunting possesses dual citizenship The process involved in
INS Form I-130 only served to confirm the American citizenship which Tambunting acquired at birth. Dual
citizenship did not disqualify him from running for public office.
Dual citizenship1 and dual allegiance are different. Dual citizenship arises when, as a result of the concurrent
application of the different laws of two or more states, a person is simultaneously considered a national by the
said states. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes,
by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the
result of an individuals volition.
In the present case, Tambunting, a natural-born Filipino, did not subsequently become a naturalized citizen of
another country. Hence, the twin requirements in R.A. No. 9225 do not apply to him.

o On residency
For the purpose of election laws, residency includes the twin elements of the fact of residing in a fixed place
and the intention to return there permanently, and is not dependent upon citizenship.

o On eligibility
Cordora failed to establish that Tambunting indeed willfully made false entries in his certificates of candidacy.
On the contrary, Tambunting sufficiently proved his innocence of the charge filed against him. Tambunting is
eligible for the office which he sought to be elected and fulfilled the citizenship and residency requirements
prescribed by law.

RULING

The petition is DISMISSED. The Resolutions of the COMELEC en banc are AFFIRMED.

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