4/29/2020
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Section 349 (a)(5) of the Immigration and Nationality Act (INA)[1] sets the procedure
that those who have moved their residence to other countries must observe when
renouncing their U.S. citizenship. It provides that “(a) A person who is a national of
the United States whether by birth or naturalization, shall lose his nationality by
voluntarily performing any of the following acts with the intention of relinquishing
United States nationality – x x x (5) making a formal renunciation of nationality before
a diplomatic or consular officer of the United States in a foreign state, in such form as
may be prescribed by the Secretary of State.” He does not effectively renounce his
citizenship who does not comply with what his country requires of him.
Here, there is no showing that Arnado, a U.S. citizen, fulfilled the above requirement.
To the eyes of the U.S. government, Arnado remains its citizen, owing obligations of
loyalty to it and subject to its laws wherever he may be. Indeed, the U.S. government
had not cancelled his passport, permitting him to use the same a number of times after
he reacquired his Philippine citizenship. If the U.S. continues to regard Arnado as its
citizen, then he has two citizenships, a ground for cancelling his certificate of candidacy
for a public office in the Philippines.
[1] 8 U.S.C. 1481(a)(5)
DISSENTING OPINION
BRION, J.:
I dissent from the ponencia’s conclusions that:
(1) respondent Rommel C. Arnado’s (Arnado) use of his US passport in traveling twice
to the US violated his Oath of Renunciation so that he reverted back to the status of a
dual citizen – a distinct ground for disqualification under Section 40(d) of the Local
Government Code (LGC) that barred him from assuming the office of Mayor of
Kauswagan, Lanao del Norte; and
(2) the petitioner, Casan Macode Maquiling (Maquiling), the “second placer” in the
2010 elections, should be rightfully seated as Mayor of Kauswagan, Lanao del Norte.
I base this Dissent on the following grounds:
1) Arnado has performed all acts required by Section 5(2) of Republic Act No. 9225[1]
(RA 9225) to re-acquire Philippine citizenship and to qualify and run for public office;
2) The evidence on record shows that Arnado’s use of his US passport in two trips to
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
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