4/29/2020
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In the matter of the issue of citizenship, however, the First Division disagreed with
Arnado’s claim that he is a Filipino citizen.[18]
We find that although Arnado appears to have substantially complied with
the requirements of R.A. No. 9225, Arnado’s act of consistently using his US
passport after renouncing his US citizenship on 03 April 2009 effectively
negated his Affidavit of Renunciation.
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Arnado’s continued use of his US passport is a strong indication that Arnado
had no real intention to renounce his US citizenship and that he only
executed an Affidavit of Renunciation to enable him to run for office. We
cannot turn a blind eye to the glaring inconsistency between Arnado’s
unexplained use of a US passport six times and his claim that he re-acquired
his Philippine citizenship and renounced his US citizenship. As noted by the
Supreme Court in the Yu case, “[a] passport is defined as an official
document of identity and nationality issued to a person intending to travel or
sojourn in foreign countries.” Surely, one who truly divested himself of US
citizenship would not continue to avail of privileges reserved solely for US
nationals.[19]
The dispositive portion of the Resolution rendered by the COMELEC First Division reads:
WHEREFORE, in view of the foregoing, the petition for disqualification
and/or to cancel the certificate of candidacy of Rommel C. Arnado is hereby
GRANTED. Rommel C. Arnado’s proclamation as the winning candidate for
Municipal Mayor of Kauswagan, Lanao del Nore is hereby ANNULLED. Let
the order of succession under Section 44 of the Local Government Code of
1991 take effect.[20]
The Motion for Reconsideration and
the Motion for Intervention
Arnado sought reconsideration of the resolution before the COMELEC En Banc on the
ground that “the evidence is insufficient to justify the Resolution and that the said
Resolution is contrary to law.”[21] He raised the following contentions:[22]
1. The finding that he is not a Filipino citizen is not supported by the evidence
consisting of his Oath of Allegiance and the Affidavit of Renunciation, which show
that he has substantially complied with the requirements of R.A. No. 9225;
2. The use of his US passport subsequent to his renunciation of his American
citizenship is not tantamount to a repudiation of his Filipino citizenship, as he did
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