4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly default. The Comelec, however, failed to act on the motion as the case was overtaken by the May 10, 2010 elections. Arnado won the election, garnering 5,952 votes over the second placer, Maquiling, who garnered 5,357 votes. The Municipal Board of Canvassers subsequently proclaimed him as the duly elected mayor of Kauswagan, Lanao del Norte.[18] In the Answer which he filed after his proclamation, Arnado averred that he did not commit any material misrepresentation in his CoC, and that he was eligible to run for the office of mayor of Kauswagan, Lanao del Norte; he had fully complied with the requirements of RA 9225 by taking the required Oath of Allegiance and executing an Affidavit of Renunciation of his U.S. citizenship.[19] To support his allegations, Arnado also submitted the following documentary evidence: (1) Affidavit of Renunciation and Oath of Allegiance to the Republic of the Philippines dated April 3, 2009; (2) Joint-Affidavit dated May 31, 2010 of Engr. Virgil Seno, Virginia Branzuela, Leoncio Daligdig, and Jessy Corpin, all neighbors of Arnado, attesting that Arnado is a long-time resident of Kauswagan and that he has been conspicuously and continuously residing in his family’s ancestral house in Kauswagan; (3) Certification from the Punong Barangay of Poblacion, Kauswagan, Lanao del Norte dated June 3, 2010 stating that Arnado is a bona fide resident of his barangay and that Arnado went to the United States in 1985 to work and returned to the Philippines in 2009; (4) Certification dated May 31, 2010 from the Municipal Local Government Operations Office of Kauswagan stating that Dr. Maximo P. Arnado, Sr. served as Mayor of Kauswagan from January 1964 to June 1974 and from February 15 1979 to April 15, 1986; (5) Voter Certification issued by the Election Officer of Kauswagan certifying that Arnado has been a registered voter of Kauswagan since April 3, 2009. [20] The Comelec First Division Ruling The Comelec First Division treated Balua’s petition as a petition for disqualification instead of a petition for cancellation of CoC based on misrepresentation. Because Balua failed to present evidence to support his contention that Arnado is a resident of the United States, the First Division found no basis to conclude that Arnaldo did not meet the one-year residency requirement under the LGC. On the issue of citizenship, the First Division held Arnado’s act of using his US passport after renouncing his US citizenship on April 3, 2009, effectively negated his Oath of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 37/49