4/29/2020
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Arnado’s claim that the main case has attained finality as the original petitioner and
respondents therein have not appealed the decision of the COMELEC En Banc, cannot
be sustained. The elevation of the case by the intervenor prevents it from attaining
finality. It is only after this Court has ruled upon the issues raised in this instant petition
that the disqualification case originally filed by Balua against Arnado will attain finality.
The use of foreign passport
after
renouncing
one’s
foreign citizenship is a
positive and voluntary act
of representation as to
one’s
nationality
and
citizenship; it does not
divest Filipino citizenship
regained by repatriation
but it recants the Oath of
Renunciation required to
qualify one to run for an
elective position.
Section 5(2) of The Citizenship Retention and Re-acquisition Act of 2003 provides:
Those who retain or re-acquire Philippine citizenship under this Act shall
enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Philippines and the following
conditions:
xxxx
(2) Those seeking elective public in the Philippines shall meet the
qualification for holding such public office as required by the Constitution
and existing laws and, at the time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath.
x x x[31]
Rommel Arnado took all the necessary steps to qualify to run for a public office. He
took the Oath of Allegiance and renounced his foreign citizenship. There is no question
that after performing these twin requirements required under Section 5(2) of R.A. No.
9225 or the Citizenship Retention and Re-acquisition Act of 2003, he became eligible to
run for public office.
Indeed, Arnado took the Oath of Allegiance not just only once but twice: first, on 10
July 2008 when he applied for repatriation before the Consulate General of the
Philippines in San Francisco, USA, and again on 03 April 2009 simultaneous with the
execution of his Affidavit of Renunciation. By taking the Oath of Allegiance to the
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