G.R. No. 207105 , November 10, 2015
Arsenio A. Agustin, Petitioner, vs. Commission on Elections and Salvador S. Pillos, Respondents.

FACTS

Petitioner Arsenio A. Agustin, naturalized as a U.S. citizen in 1997, filed his Certificate of Candidacy (CoC) for Mayor of Marcos, Ilocos Norte for the May 13, 2013 elections, declaring himself a natural-born Filipino citizen and a resident of the municipality for 25 years. Respondent Salvador S. Pillos, a rival candidate, filed a petition (SPA No. 13-023 (DC)) to deny due course or cancel Agustin’s CoC, alleging material misrepresentation regarding the one-year residency requirement, citing his voter registration only on May 31, 2012. In his answer, Agustin countered that residency was distinct from voter registration and attached an Affidavit of Renunciation of U.S. Citizenship executed on October 2, 2012. The COMELEC Second Division denied Pillos’s petition. On motion for reconsideration, the COMELEC En Banc granted Pillos’s motion and cancelled Agustin’s CoC, finding that Agustin, having admitted dual citizenship, failed to prove compliance with Republic Act No. 9225 by not submitting his Oath of Allegiance to the Commission. Agustin later filed a motion for reconsideration attaching the Oath of Allegiance and Order of Approval from the Philippine Consulate, but the COMELEC En Banc issued a writ of execution, noting that a motion for reconsideration of an en banc resolution was not allowed under its rules. Agustin won the election and was proclaimed Mayor. He filed a petition for certiorari with the Supreme Court, alleging denial of due process and grave abuse of discretion.

ISSUE

The core issue is the eligibility of Agustin as a candidate for Mayor, specifically whether he was disqualified for being a dual citizen and whether his CoC contained a material misrepresentation. A secondary issue concerns the propriety of Pillos’s claim to the office.

RULING

The Supreme Court denied the petition. It held that while Agustin made no material misrepresentation in his CoC regarding residency, he was disqualified to run for Mayor for being a dual citizen. The Court found that administrative due process was observed, as Agustin himself raised the issue of his citizenship in his answer, and he was afforded the opportunity to explain and defend himself. The Court ruled that a person of dual citizenship is disqualified from running for public office in the Philippines unless they comply with the requirements of Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act), specifically taking the Oath of Allegiance and, for those seeking elective office, making a personal and sworn renunciation of any and all foreign citizenship. Although Agustin eventually submitted his Oath of Allegiance, his disqualification, having been pronounced by final judgment before the elections, rendered the votes cast for him as stray. Consequently, respondent Salvador S. Pillos, as the candidate who obtained the highest number of votes among the qualified candidates, should be proclaimed the duly elected Mayor.