EN BANC candidacy, make a personal and sworn renunciation of

any and all foreign citizenship before any public officer

G.R. No. 182701 July 23, 2008 authorized to administer an oath.

EUSEBIO EUGENIO K. LOPEZ, Petitioner, Same; Same; Garnering the most number of votes
vs. does not validate the election of a disqualified
COMMISSION ON ELECTIONS and TESSIE P. candidate because the application of the constitutional
VILLANUEVA, Respondents. and statutory provisions on disqualification is not a
matter of popularity.While it is true that petitioner
Election Law; Citizenship; Citizenship Retention and won the elections, took his oath and began to
Re-Acquisition Act of 2003 (Republic Act No. 9225); The discharge the functions of Barangay Chairman, his
case of Valles v. Commission on Elections, 337 SCRA victory can not cure the defect of his candidacy.
543 (2000), has been superseded by the enactment of Garnering the most number of votes does not validate
Republic Act No. 9225 or the Dual Citizenship Act in the election of a disqualified candidate because the
2003R.A. No. 9225 expressly provides for the application of the constitutional and statutory
conditions before those who re-acquired Filipino provisions on disqualification is not a matter of
citizenship may run for a public office in the popularity.
Philippines, i.e., that they make a personal and sworn
renunciation of any and all foreign citizenship.The
Courts 2000 ruling in Valles has been superseded by
the enactment of R.A. No. 9225 in 2003. R.A. No. 9225 RESOLUTION
expressly provides for the conditions before those who
re-acquired Filipino citizenship may run for a public REYES, R.T., J.:
office in the Philippines. Section 5 of the said law
states: Section 5. Civil and Political Rights and A Filipino-American or any dual citizen cannot run for
Liabilities.Those who retain or re-acquire Philippine any elective public position in the Philippines unless he
citizenship under this Act shall enjoy full civil and or she personally swears to a renunciation of all
political rights and be subject to all attendant liabilities foreign citizenship at the time of filing the certificate of
and responsibilities under existing laws of the candidacy.
Philippines and the following conditions: x x x x (2)
Those seeking elective public office in the Philippines This is a petition for certiorari under Rule 65, in
shall meet the qualification for holding such public relation to Rule 64 of the Rules on Civil Procedure
office as required by the Constitution and existing laws assailing the (1) Resolution1 and (2) Omnibus Order2 of
and, at the time of the filing of the certificate of the Commission on Elections (COMELEC), Second
Division, disqualifying petitioner from running as running as Barangay Chairman of Barangay Bagacay,
Barangay Chairman. San Dionisio, Iloilo.

Petitioner Eusebio Eugenio K. Lopez was a candidate SO ORDERED.7

for the position of Chairman of Barangay Bagacay, San
Dionisio, Iloilo City in the synchronized Barangay and In ruling against petitioner, the COMELEC found that
Sangguniang Kabataan Elections held on October 29, he was not able to regain his Filipino citizenship in the
2007. manner provided by law. According to the poll body, to
be able to qualify as a candidate in the elections,
On October 25, 2007, respondent Tessie P. Villanueva petitioner should have made a personal and sworn
filed a petition3 before the Provincial Election renunciation of any and all foreign citizenship. This,
Supervisor of the Province of Iloilo, praying for the petitioner failed to do.
disqualification of petitioner on the ground that he is
an American citizen, hence, ineligible from running for His motion for reconsideration having been denied,
any public office. In his Answer, 4 petitioner argued that petitioner resorted to the present petition, imputing
he is a dual citizen, a Filipino and at the same time an grave abuse of discretion on the part of the COMELEC
American, by virtue of Republic Act (R.A.) No. 9225, for disqualifying him from running and assuming the
otherwise known as the Citizenship Retention and Re- office of Barangay Chairman.
acquisition Act of 2003.5 He returned to the Philippines
and resided in Barangay Bagacay. Thus, he said, he We dismiss the petition.
possessed all the qualifications to run for Barangay
Chairman. Relying on Valles v. Commission on
Elections,8 petitioner argues that his filing of a
After the votes for Barangay Chairman were certificate of candidacy operated as an effective
canvassed, petitioner emerged as the winner. 6 renunciation of foreign citizenship.

On February 6, 2008, COMELEC issued the assailed We note, however, that the operative facts that led to
Resolution granting the petition for disqualification, this Courts ruling in Valles are substantially different
disposing as follows: from the present case. In Valles, the candidate,
Rosalind Ybasco Lopez, was a dual citizen by accident
WHEREFORE, premises considered, the instant Petition of birth on foreign soil.9 Lopez was born of Filipino
for Disqualification is GRANTED and respondent parents in Australia, a country which follows the
Eusebio Eugenio K. Lopez is DISQUALIFIED from principle of jus soli.lauuphi1 As a result, she acquired
Australian citizenship by operation of Australian law,
but she was also considered a Filipino citizen under Petitioner re-acquired his Filipino citizenship under the
Philippine law. She did not perform any act to swear cited law. This new law explicitly provides that should
allegiance to a country other than the Philippines. one seek elective public office, he should first "make a
personal and sworn renunciation of any and all foreign
In contrast, petitioner was born a Filipino but he citizenship before any public officer authorized to
deliberately sought American citizenship and administer an oath."
renounced his Filipino citizenship. He later on became
a dual citizen by re-acquiring Filipino Petitioner failed to comply with this requirement. We
citizenship.1awphi1 quote with approval the COMELEC observation on this
point:
More importantly, the Courts 2000 ruling in Valles has
been superseded by the enactment of R.A. No. While respondent was able to regain his Filipino
922510 in 2003. R.A. No. 9225 expressly provides for Citizenship by virtue of the Dual Citizenship Law when
the conditions before those who re-acquired Filipino he took his oath of allegiance before the Vice Consul of
citizenship may run for a public office in the the Philippine Consulate Generals Office in Los
Philippines. Section 5 of the said law states: Angeles, California, the same is not enough to allow
him to run for a public office. The above-quoted
Section 5. Civil and Political Rights and provision of law mandates that a candidate with dual
Liabilities. Those who retain or re-acquire Philippine citizenship must make a personal and sworn
citizenship under this Act shall enjoy full civil and renunciation of any and all foreign citizenship before
political rights and be subject to all attendant liabilities any public officer authorized to administer an oath.
and responsibilities under existing laws of the There is no evidence presented that will show that
Philippines and the following conditions: respondent complied with the provision of R.A. No.
9225. Absent such proof we cannot allow respondent
xxxx to run for Barangay Chairman of Barangay Bagacay.

(2) Those seeking elective public office in the For the renunciation to be valid, it must be contained
Philippines shall meet the qualification for holding such in an affidavit duly executed before an officer of law
public office as required by the Constitution and who is authorized to administer an oath. The affiant
existing laws and, at the time of the filing of the must state in clear and unequivocal terms that he is
certificate of candidacy, make a personal and sworn renouncing all foreign citizenship for it to be effective.
renunciation of any and all foreign citizenship before In the instant case, respondent Lopezs failure to
any public officer authorized to administer an oath. renounce his American citizenship as proven by the
(Emphasis added) absence of an affidavit that will prove the contrary
leads this Commission to believe that he failed to and statutory provisions on disqualification is not a
comply with the positive mandate of law. For failure of matter of popularity.12
respondent to prove that he abandoned his allegiance
to the United States, this Commission holds him In sum, the COMELEC committed no grave abuse of
disqualified from running for an elective position in the discretion in disqualifying petitioner as candidate for
Philippines.11 (Emphasis added) Chairman in the Barangay elections of 2007.

While it is true that petitioner won the elections, took WHEREFORE, the petition is DISMISSED.
his oath and began to discharge the functions of
Barangay Chairman, his victory can not cure the defect SO ORDERED.
of his candidacy. Garnering the most number of votes
does not validate the election of a disqualified
candidate because the application of the constitutional