4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 709 Phil. 408 EN BANC [ G.R. No. 195649, April 16, 2013 ] CASAN MACODE MAQUILING, PETITIONER, VS. COMMISSION ON ELECTIONS, ROMMEL ARNADO Y CAGOCO, LINOG G. BALUA, RESPONDENTS. DECISION SERENO, C.J.: THE CASE This is a Petition for Certiorari under Rule 64 in conjunction with Rule 65 of the Rules of Court to review the Resolutions of the Commission on Elections (COMELEC). The Resolution[1] in SPA No. 10-109(DC) of the COMELEC First Division dated 5 October 2010 is being assailed for applying Section 44 of the Local Government Code while the Resolution[2] of the COMELEC En Banc dated 2 February 2011 is being questioned for finding that respondent Rommel Arnado y Cagoco (respondent Arnado/Arnado) is solely a Filipino citizen qualified to run for public office despite his continued use of a U.S. passport. FACTS Respondent Arnado is a natural born Filipino citizen.[3] However, as a consequence of his subsequent naturalization as a citizen of the United States of America, he lost his Filipino citizenship. Arnado applied for repatriation under Republic Act (R.A.) No. 9225 before the Consulate General of the Philippines in San Franciso, USA and took the Oath of Allegiance to the Republic of the Philippines on 10 July 2008.[4] On the same day an Order of Approval of his Citizenship Retention and Re-acquisition was issued in his favor.[5] The aforementioned Oath of Allegiance states: I, Rommel Cagoco Arnado, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.[6] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 1/49

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