4/9/2020
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in force at the time material to the facts at hand; and (2) likewise, in several
naturalization cases, it was held by the Court that evidence of the law of a foreign
country on reciprocity regarding the acquisition of citizenship, although not meeting the
prescribed rule of practice, may be allowed and used as basis for favorable action, if, in
the light of all the circumstances, the Court is “satisfied of the authenticity of the
written proof offered.” Thus, in a number of decisions, mere authentication of the
Chinese Naturalization Law by the Chinese Consulate General of Manila was held to be
a competent proof of that law.[30]
The petitioner failed to prove the Australian Citizenship Act of 1948 through any of the
above methods. As uniformly observed by the RTC and COMELEC, the petitioner failed
to show proof of the existence of the law during trial. Also, the letter issued by the
Australian government showing that petitioner already renounced her Australian
citizenship was unauthenticated hence, the courts a quo acted judiciously in
disregarding the same.
We are bound to arrive at a similar conclusion even if we were to admit as competent
evidence the said letter in view of the photocopy of a Certificate of Authentication
issued by Consular Section of the Philippine Embassy in Canberra, Australia attached to
the petitioner’s motion for reconsideration.
We have stressed in Advocates and Adherents of Social Justice for School Teachers and
Allied Workers (AASJS) Member v. Datumanong[31] that the framers of R.A. No. 9225
did not intend the law to concern itself with the actual status of the other citizenship.
This Court as the government branch tasked to apply the enactments of the legislature
must do so conformably with the wisdom of the latter sans the interference of any
foreign law. If we were to read the Australian Citizen Act of 1948 into the application
and operation of R.A. No. 9225, we would be applying not what our legislative
department has deemed wise to require. To do so would be a brazen encroachment
upon the sovereign will and power of the people of this Republic.[32]
The petitioner’s act of running for public office does not suffice to serve as an effective
renunciation of her Australian citizenship. While this Court has previously declared that
the filing by a person with dual citizenship of a certificate of candidacy is already
considered a renunciation of foreign citizenship,[33] such ruling was already adjudged
superseded by the enactment of R.A. No. 9225 on August 29, 2003 which provides for
the additional condition of a personal and sworn renunciation of foreign citizenship.[34]
The fact that petitioner won the elections can not cure the defect of her candidacy.
Garnering the most number of votes does not validate the election of a disqualified
candidate because the application of the constitutional and statutory provisions on
disqualification is not a matter of popularity.[35]
In fine, R.A. No. 9225 categorically demands natural-born Filipinos who re-acquire their
citizenship and seek elective office, to execute a personal and sworn renunciation of
any and all foreign citizenships before an authorized public officer prior to or
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55170
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