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709 Phil. 408
EN BANC
[ G.R. No. 195649, April 16, 2013 ]
CASAN MACODE MAQUILING, PETITIONER, VS. COMMISSION ON
ELECTIONS, ROMMEL ARNADO Y CAGOCO, LINOG G. BALUA,
RESPONDENTS.
DECISION
SERENO, C.J.:
THE CASE
This is a Petition for Certiorari under Rule 64 in conjunction with Rule 65 of the Rules of
Court to review the Resolutions of the Commission on Elections (COMELEC). The
Resolution[1] in SPA No. 10-109(DC) of the COMELEC First Division dated 5 October
2010 is being assailed for applying Section 44 of the Local Government Code while the
Resolution[2] of the COMELEC En Banc dated 2 February 2011 is being questioned for
finding that respondent Rommel Arnado y Cagoco (respondent Arnado/Arnado) is solely
a Filipino citizen qualified to run for public office despite his continued use of a U.S.
passport.
FACTS
Respondent Arnado is a natural born Filipino citizen.[3] However, as a consequence of
his subsequent naturalization as a citizen of the United States of America, he lost his
Filipino citizenship.
Arnado applied for repatriation under Republic Act (R.A.) No. 9225 before the Consulate
General of the Philippines in San Franciso, USA and took the Oath of Allegiance to the
Republic of the Philippines on 10 July 2008.[4] On the same day an Order of Approval of
his Citizenship Retention and Re-acquisition was issued in his favor.[5]
The aforementioned Oath of Allegiance states:
I, Rommel Cagoco Arnado, solemnly swear 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 impose this obligation upon myself voluntarily without
mental reservation or purpose of evasion.[6]
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