4/29/2020
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The People of Kauswagan have spoken and any
doubt should be resolved in favor of their verdict.
Separately from the issue of Arnado’s isolated act of using his US passport, we cannot
ignore the fact in a community as small as Kauswagan where the two mayoralty
candidates garnered a total of 11,309 votes, Balua’s claim of Arnado’s foreign
citizenship and even the latter’s residency status could not be avoided but be live
election issues. The people of Kauswagan, Lanao del Norte, therefore, made
their own ruling when they elected Arnado as their mayor despite the
“foreigner” label sought to be pinned on him. At this point, even this Court should
heed this verdict by resolving all doubts regarding Arnado’s eligibility in his favor. This
approach, incidentally, is not a novel one[38] as in Sinaca v. Mula,[39] the Court has
already ruled:
[When] a candidate has received popular mandate, overwhelmingly and
clearly expressed, all possible doubts should be resolved in favor of the
candidate's eligibility for to rule otherwise is to defeat the will of the people.
Above and beyond all, the determination of the true will of the electorate
should be paramount. It is their voice, not ours or of anyone else, that must
prevail. This, in essence, is the democracy we continue to hold sacred.
No Basis to Rule that the Comelec Committed
Grave Abuse of Discretion.
As my last point, the Comelec en banc considered and accepted as its factual finding
that Arnado’s explanation on the use of his US passport was sufficient justification to
conclude that he did not abandon his Oath of Renunciation. This finding is undeniably
based on evidence on record as the above citations show. In a Rule 64 petition,
whether this conclusion is correct or incorrect is not material for as long as it is made
on the basis of evidence on record, and was made within the contemplation of the
applicable law.[40]
In other words, the Comelec en banc properly exercised its discretion in acting on the
matter; thus, even if it had erred in its conclusions, any error in reading the evidence
and in applying the law was not sufficiently grave to affect the exercise of its
jurisdiction.[41] From these perspectives, this Court has no recourse but to dismiss the
present petition for failure to show any grave abuse of discretion on the part of the
Comelec.
In these lights, I vote for the dismissal of the petition.
[1] An Act Making The Citizenship Of Philippine Citizens Who Acquire Foreign Citizenship
Permanent, Amending For the Purpose Commonwealth Act No. 63, As Amended And
For Other Purposes.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
45/49
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