GR 182701; (July, 2008) (Digest)
G.R. No. 182701 ; July 23, 2008
EUSEBIO EUGENIO K. LOPEZ, Petitioner, vs. COMMISSION ON ELECTIONS and TESSIE P. VILLANUEVA, Respondents.
FACTS
Petitioner Eusebio Eugenio K. Lopez, a former Filipino who deliberately acquired American citizenship, re-acquired his Filipino citizenship under Republic Act (R.A.) No. 9225 (Citizenship Retention and Re-acquisition Act of 2003). He then filed his certificate of candidacy for Barangay Chairman of Bagacay, San Dionisio, Iloilo City in the October 2007 elections. Respondent Tessie P. Villanueva filed a petition for his disqualification on the ground of his American citizenship.
The Commission on Elections (COMELEC) disqualified Lopez. It found that while he took the oath of allegiance to re-acquire Philippine citizenship, he failed to execute the separate “personal and sworn renunciation of any and all foreign citizenship” required by Section 5(2) of R.A. No. 9225 for those seeking elective office. Lopez argued that his filing of the certificate of candidacy itself sufficed as renunciation, invoking the case of Valles v. COMELEC.
ISSUE
Whether the COMELEC committed grave abuse of discretion in disqualifying petitioner Lopez for his failure to execute a personal and sworn renunciation of foreign citizenship as required by R.A. No. 9225 .
RULING
The Supreme Court dismissed the petition, ruling that the COMELEC did not commit grave abuse of discretion. The Court clarified that the ruling in Valles v. COMELEC is inapplicable. In Valles, the candidate was a dual citizen by accident of birth (jus soli) and did not perform any act of allegiance to a foreign country. In contrast, Lopez was a natural-born Filipino who voluntarily expatriated himself by acquiring American citizenship and later re-acquired Filipino citizenship under R.A. No. 9225 .
For such persons covered by R.A. No. 9225 , Section 5(2) imposes an explicit, additional condition for seeking elective office: a “personal and sworn renunciation of any and all foreign citizenship” executed at the time of filing the certificate of candidacy. This is a distinct requirement from the oath of allegiance taken to re-acquire Philippine citizenship. Lopez’s mere filing of a certificate of candidacy did not constitute compliance with this specific statutory mandate. His electoral victory did not cure this fatal defect in his qualification. Therefore, his disqualification was proper.