G.R. No. 210164.
August 18, 2015 (Case Brief / Digest)
Title: Rommel C. Arnado vs. Commission on Elections and Florante Capitan (G.R. No.
210164)
Facts: Rommel C. Arnado, a natural-born Filipino citizen, lost his Philippine citizenship upon
becoming a naturalized citizen of the United States. In preparation for his political
aspirations in the Philippines, Arnado reacquired his Philippine citizenship under Republic
Act No. 9225 (RA 9225) and executed an Affidavit of Renunciation of his foreign citizenship.
He then filed his Certificate of Candidacy (CoC) for the mayoralty post in Kauswagan, Lanao
del Norte for the May 2010 elections. Despite a pending petition for disqualification and/or
cancellation of his CoC due to his use of a US passport after renouncing his foreign
citizenship, Arnado won the election and was proclaimed mayor.
The Commission on Elections (Comelec) First Division initially disqualified Arnado, but the
Comelec En Banc later reversed this decision. The case eventually reached the Supreme
Court, resulting in the landmark Maquiling vs. Comelec decision, which disqualified Arnado
from holding elective public office due to his use of a US passport after renouncing his
American citizenship. Thus, Arnado’s Philippine citizenship, effectively negating his Affidavit
of Renunciation.
For the May 2013 elections, Arnado once again filed a CoC for the mayoralty position.
Florante Capitan, his opponent, filed a petition to disqualify Arnado based on the Maquiling
ruling. The Comelec Second Division disqualified Arnado, a decision affirmed by the
Comelec En Banc. Despite this, Arnado was elected and proclaimed as mayor, leading to his
filing of the instant Petition for Certiorari with the Supreme Court, challenging the
Comelec’s resolution.
Issues:
1. Whether the Comelec committed grave abuse of discretion in disqualifying Arnado for the
May 2013 elections based on the use of his US passport after renouncing his foreign
citizenship.
2. Whether the Comelec’s interpretation of RA 9225 in disqualifying Arnado aligns with the
law’s intent and the principles established in the Maquiling case.
3. Whether the subsequent Affidavit of Renunciation executed by Arnado affirms his
qualification to run for public office in the May 2013 elections.
Court’s Decision:
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G.R. No. 210164. August 18, 2015 (Case Brief / Digest)
The Supreme Court dismissed Arnado’s petition, affirming the Comelec’s resolution. The
Court held that Arnado’s use of his US passport after renouncing his American citizenship
effectively recanted his Affidavit of Renunciation, disqualifying him from holding elective
office as per Section 40(d) of the Local Government Code and Section 5(2) of RA 9225. The
subsequent Affidavit of Renunciation executed by Arnado could not cure the defect in his
qualification because it was done after the filing of his CoC for the May 2013 elections.
Doctrine:
The use of a foreign passport after renouncing foreign citizenship effectively negates the
renunciation, disqualifying the individual from holding elective public office in the
Philippines as mandated by RA 9225 and the Local Government Code.
Class Notes:
– RA 9225 allows natural-born Filipinos who lost their Philippine citizenship by
naturalization in a foreign country to reacquire or retain their Philippine citizenship by
taking an Oath of Allegiance to the Republic of the Philippines.
– An additional requirement for those seeking elective public office is the personal and
sworn renunciation of any and all foreign citizenships before any public officer authorized to
administer an oath, concurrent with or before the filing of their CoC.
– The use of a foreign passport after making an Affidavit of Renunciation is considered an
act of recanting the renunciation and results in disqualification from holding elective public
office in the Philippines.
Historical Background:
The Arnado vs. Comelec case underscores the legal implications and issues arising from
dual citizenship concerning eligibility for elective public office in the Philippines. It is a
pivotal case that clarifies the application of RA 9225, particularly on the matter of
renouncing foreign citizenship and its impact on a candidate’s qualifications for public
office. The decision reflects the Philippine legal system’s stance on ensuring allegiance to
the Republic and its Constitution among elected public officials, addressing concerns about
dual allegiance.
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