4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly disregards the democratic decision of the Kauswagan electorate. As the ponencia reasons it out, the act of using a foreign passport does not divest Arnado of his Filipino citizenship. By representing himself as an American citizen, however, Arnado voluntarily and effectively reverted to his earlier status as dual citizen. It emphasizes that such reversion is not retroactive; it took place the instant Arnado represented himself as an American citizen by using his US passport. Thus, by the time Arnado filed his CoC on November 30, 2009, the ponencia concludes that Arnado was a dual citizen enjoying the rights and privileges of Filipino and American citizenship; he was qualified to vote, but by the express disqualification under Section 40 (d) of the LGC, he was not qualified as a candidate to run for a local elective position.[28] With Arnado barred from candidacy, the ponencia further concludes that his CoC was void from the beginning. The affirmation of Arnado’s disqualification, although made long after the elections, reaches back to the filing of the CoC so that he was not a candidate at all in the May 10, 2010 elections. Hence, the votes cast in his favor should not be counted and Maquiling, as the qualified candidate who obtained the highest number of vote, should be declared the duly elected mayor of Kauswagan, Lanao del Norte.[29] In this manner, the ponencia effectively disenfranchised 5,952 or 52.63% of those who voted for the top two contending candidates for the position of Mayor; it rules for a minority Mayor. Refutation of the Ponencia Arnado performed all acts required by Section 5(2) of RA 9225 to reacquire Philippine citizenship and run for public office; in fact, he actively followed up his re-affirmed citizenship by running for public office. RA 9225 was enacted to allow the re-acquisition and retention of Philippine citizenship by: 1) natural-born citizens who were deemed to have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and 2) natural-born citizens of the Philippines who, after the effectivity of the law, became citizens of a foreign country. The law provides that they are deemed to have re-acquired or retained their Philippine citizenship upon taking the oath of allegiance.[30] Section 3 of RA 9225 on these points reads: 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: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 40/49