4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Moreover, having received the highest number of votes does not validate Arnado’s election. The ponencia granted Maquiling’s petition before this Court, and annulled and set aside the ruling of the COMELEC En Banc. The ponencia declared that Arnado’s use of his USA passport did not divest him of his Filipino citizenship but vested back in him the American citizenship he earlier renounced. The ponencia also directed the COMELEC to proclaim Maquiling as the duly elected Mayor of Kauswagan, Lanao del Norte in the May 2010 elections for being the qualified candidate who received the highest number of votes. On Arnado’s Use of a Non-Philippine Passport Philippine courts have no power to declare whether a person possesses citizenship other than that of the Philippines. In Mercado v. Manzano,[2] Constitutional Commissioner Joaquin G. Bernas was quoted as saying, “[D]ual citizenship is just a reality imposed on us because we have no control of the laws on citizenship of other countries. We recognize a child of a Filipino mother. But whether or not she is considered a citizen of another country is something completely beyond our control.”[3] In the present case, we have no authority to declare that Arnado is an American citizen. Only the courts of the USA, using American law, have the conclusive authority to make an assertion regarding Arnado’s American citizenship. Arnado, as a naturalized American citizen and a repatriated Filipino, is required by law to swear to an Oath of Allegiance to the Republic of the Philippines and execute a Renunciation of Foreign Citizenship before he may seek elective Philippine public office. The pertinent sections of R.A. No. 9225 read: Section 3. Retention of Philippine Citizenship. — Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic: “I _____________________, solemnly swear (or affirm) 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 imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion.” Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 29/49