GR 163256; (November, 2004) (Digest)
G.R. No. 163256 November 10, 2004
CICERON P. ALTAREJOS, petitioner, vs. COMMISSION ON ELECTIONS, JOSE ALMIÑE and VERNON VERSOZA, respondents.
FACTS
Petitioner Ciceron P. Altarejos was a candidate for mayor of San Jacinto, Masbate in the May 2004 elections. Private respondents, registered voters, filed a petition to disqualify him, alleging he was not a Filipino citizen and made a false representation in his Certificate of Candidacy. They presented evidence from the Bureau of Immigration showing Altarejos held a permanent U.S. resident visa and corresponding alien registration documents.
Altarejos claimed he had reacquired Filipino citizenship through repatriation under Republic Act No. 8171 , presenting a Certificate of Repatriation dated December 17, 1997. He argued this restored his citizenship and qualified him to run. The COMELEC First Division, however, disqualified him, a ruling affirmed by the COMELEC en banc. The COMELEC found he failed to prove full compliance with the repatriation requirements under the law.
ISSUE
Whether the COMELEC committed grave abuse of discretion in disqualifying Altarejos on the grounds of lack of Filipino citizenship and false representation in his Certificate of Candidacy.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion by the COMELEC. The legal logic centers on the statutory requirements for repatriation and the burden of proof. Under Section 2 of R.A. No. 8171 , repatriation is effected only by (1) taking the oath of allegiance to the Republic and (2) registering the fact of repatriation in the proper civil registry and the Bureau of Immigration. The Court held that the mere issuance of a Certificate of Repatriation by the Special Committee is merely an approval of the petition; it does not, by itself, effect the reacquisition of citizenship. The applicant must still perform the mandatory twin requirements of oath-taking and registration.
The COMELEC correctly ruled that Altarejos failed to substantiate his claim of completed repatriation. He did not present evidence, such as a duly notarized oath of allegiance or a certificate of registration from the Bureau of Immigration cancelling his alien certificate, to prove he had fulfilled these requirements. Consequently, he remained an alien, as evidenced by the Bureau of Immigration’s records. As he was not a Filipino citizen at the time of filing his candidacy, he was disqualified under Sections 39 and 40 of the Local Government Code and committed a false material representation regarding his citizenship. The COMELEC’s decision was supported by substantial evidence and in accordance with applicable law.