4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly passport in his subsequent travels abroad.[24] The Separate and Dissenting Opinions Significantly, Comelec Chairman Sixto S. Brillantes issued a Separate Opinion concurring with the Comelec majority. He opined that the use of a foreign passport is not one of the grounds provided for under Section 1 of CA 63 through which Philippine citizenship may be lost. He cites the assimilative principle of continuity of Philippine citizenship: Arnado is presumed to have remained a Filipino despite his use of his American passport in the absence of clear and unequivocal proof of expatriation. In addition, all doubts should be resolved in favor of Arnado’s retention of citizenship.[25] In his Dissenting Opinion, Commissioner Rene V. Sarmiento emphasized that Arnado failed to prove that he truly abandoned his allegiance to the United States; his continued use of his US passport and enjoyment of all the privileges of a US citizen ran counter to his declaration that he chose to retain only his Philippine citizenship. He noted that qualifications for elective office, such as citizenship, are continuing requirements; once citizenship is lost, title to the office is deemed forfeited.[26] The Issues The complete issues posed for the Court’s consideration are: (1) Whether intervention is allowed in a disqualification case; (2) Whether the use of a foreign passport after renouncing foreign citizenship amounts to undoing a renunciation made, and whether the use of a foreign passport after renouncing foreign citizenship affects one’s qualifications to run for public office; (3) Assuming Arnado is disqualified, whether the rule on succession in the LGC is applicable in the present case;[27] (4) How should doubt in the present case be resolved in light of Arnado’s election; and (5) Whether, based on the facts presented and the applicable law, the Comelec en banc committed grave abuse of discretion. The Ponencia The ponencia grants Maquiling’s petition for certiorari, thus holding that the Comelec en banc committed grave abuse of discretion in considering the facts and the law presented. It thus holds that Arnado is a dual citizen disqualified to run for public office under Section 40(d) of the LGC. On this basis, the ponencia rules that with Arnado’s disqualification, second placer Maquiling should be proclaimed as the duly elected Mayor of Kauswagan, Lanao del Norte. Based on this conclusion, the ponencia resolves all doubts against Arnado and elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 39/49