4/29/2020
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[51] Id. at 944-945.
[52] G.R. No. 180051, 24 December 2008, 575 SCRA 590, 614-615.
[53] Id. at 615, citing Quizon v. COMELEC, G.R. NO. 177927, 15 February 2008, 545
SCRA 635, Saya-ang v. COMELEC, 462 Phil. 373 (2003).
[54] G. R. No. 195229, 9 October 2012.
[55] G.R. Nos. 193237/193536, 9 October 2012.
[56] G.R. No. 105111, 3 July 3 1992, 211 SCRA 297, 312.
CONCURRING OPINION
CARPIO, J.:
I concur in the ponencia. Respondent Rommel Arnado (Arnado) is disqualified from
running for any local elective position. The Commission on Elections (COMELEC) should
be directed to proclaim Petitioner Casan Macode Maquiling (Maquiling) as the duly
elected Mayor of Kauswagan, Lanao del Norte in the May 2010 elections.
Arnado received the highest number of votes in the May 2010 elections and was
proclaimed Mayor of Kauswagan, Lanao del Norte. Respondent Linog G. Balua (Balua),
one of Arnado’s opponents, filed a petition before the COMELEC against Arnado.
Balua’s petition to disqualify Arnado and/or to cancel his certificate of candidacy rests
on the allegation that Arnado lacks the residency and citizenship requirements. Balua
presented evidence to show that Arnado used his American passport to enter and
depart the Philippines. Maquiling, on the other hand, was also one of Arnado’s
opponents. Maquiling received the second highest number of votes next to Arnado.
Maquiling filed motions for intervention and for reconsideration before the COMELEC En
Banc. Maquiling asserted that he should have been proclaimed as Mayor for being the
legitimate candidate with the highest number of votes.
Arnado is a natural-born Filipino citizen who lost his Filipino citizenship upon his
naturalization as an American citizen.
Arnado applied for repatriation, and
subsequently took two Oaths of Allegiance to the Republic of the Philippines, then
renounced his American citizenship. The relevant timeline is as follows:
10 July 2008 - Arnado pledged his Oath of Allegiance to the Republic of the
Philippines.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
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