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office but during the officer's entire tenure. Once any of the required
qualifications is lost, his title may be seasonably challenged. x x x.[41]
The citizenship requirement for elective public office is a continuing one. It must be
possessed not just at the time of the renunciation of the foreign citizenship but
continuously. Any act which violates the oath of renunciation opens the citizenship issue
to attack.
We agree with the pronouncement of the COMELEC First Division that “Arnado’s act of
consistently using his US passport effectively negated his “Affidavit of
Renunciation.”[42]
This does not mean, that he failed to comply with the twin
requirements under R.A. No. 9225, for he in fact did. It was after complying with the
requirements that he performed positive acts which effectively disqualified him from
running for an elective public office pursuant to Section 40(d) of the Local Government
Code of 1991.
The purpose of the Local Government Code in disqualifying dual citizens from running
for any elective public office would be thwarted if we were to allow a person who has
earlier renounced his foreign citizenship, but who subsequently represents himself as a
foreign citizen, to hold any public office.
Arnado justifies the continued use of his US passport with the explanation that he was
not notified of the issuance of his Philippine passport on 18 June 2009, as a result of
which he was only able to obtain his Philippine passport three (3) months later.[43]
The COMELEC En Banc differentiated Arnado from Willy Yu, the Portuguese national
who sought naturalization as a Filipino citizen and later applied for the renewal of his
Portuguese passport. That Arnado did not apply for a US passport after his renunciation
does not make his use of a US passport less of an act that violated the Oath of
Renunciation he took. It was still a positive act of representation as a US citizen before
the immigration officials of this country.
The COMELEC, in ruling favorably for Arnado, stated “Yet, as soon as he was in
possession of his Philippine passport, the respondent already used the same in his
subsequent travels abroad.”[44] We cannot agree with the COMELEC. Three months
from June is September. If indeed, Arnado used his Philippine passport as soon as he
was in possession of it, he would not have used his US passport on 24 November 2009.
Besides, Arnado’s subsequent use of his Philippine passport does not correct the fact
that after he renounced his foreign citizenship and prior to filing his certificate of
candidacy, he used his US passport. In the same way that the use of his foreign
passport does not undo his Oath of Renunciation, his subsequent use of his Philippine
passport does not undo his earlier use of his US passport.
Citizenship is not a matter of convenience. It is a badge of identity that comes with
attendant civil and political rights accorded by the state to its citizens. It likewise
demands the concomitant duty to maintain allegiance to one’s flag and country. While
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