4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Arnado used his USA passport after his Renunciation of American Citizenship and before he filed his Certificate of Candidacy. This positive act of retraction of his renunciation before the filing of the Certificate of Candidacy renders Arnado’s Certificate of Candidacy void ab initio. Therefore, Arnado was never a candidate at any time, and all the votes for him are stray votes. We reiterate our ruling in Jalosjos v. COMELEC[6] on this matter: Decisions of this Court holding that the second-placer cannot be proclaimed winner if the first-placer is disqualified or declared ineligible should be limited to situations where the certificate of candidacy of the first-placer was valid at the time of filing but subsequently had to be cancelled because of a violation of law that took place, or a legal impediment that took effect, after the filing of the certificate of candidacy. If the certificate of candidacy is void ab initio, then legally the person who filed such void certificate of candidacy was never a candidate in the elections at any time. All votes for such noncandidate are stray votes and should not be counted. Thus, such noncandidate can never be a first-placer in the elections. If a certificate of candidacy void ab initio is cancelled on the day, or before the day, of the election, prevailing jurisprudence holds that all votes for that candidate are stray votes. If a certificate of candidacy void ab initio is cancelled one day or more after the elections, all votes for such candidate should also be stray votes because the certificate of candidacy is void from the very beginning. This is the more equitable and logical approach on the effect of the cancellation of a certificate of candidacy that is void ab initio. Otherwise, a certificate of candidacy void ab initio can operate to defeat one or more valid certificates of candidacy for the same position.[7] It is undisputed that Arnado had to comply with the twin requirements of allegiance and renunciation. However, Arnado’s use of his USA passport after the execution of his Affidavit of Renunciation constituted a retraction of his renunciation, and led to his failure to comply with the requirement of renunciation at the time he filed his certificate of candidacy. His certificate of candidacy was thus void ab initio. Garnering the highest number of votes for an elective position does not cure this defect. Maquiling, the alleged “second placer,” should be proclaimed Mayor because Arnado’s certificate of candidacy was void ab initio. Maquiling is the qualified candidate who actually garnered the highest number of votes for the position of Mayor. [1] Section 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. - If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the governor or mayor. x x x. [2] 367 Phil. 132 (1999) citing 1 Record of the Constitutional Commission 203 (23 June elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 32/49