4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 3 April 2009 - Arnado again pledged his Oath of Allegiance to the Republic of the Philippines and executed an Affidavit of Renunciation of his American citizenship. 14 April to 25 June 2009 - Arnado used his United States of America (USA) Passport No. 057782700 to depart and enter the Philippines. 29 July to 24 November 2009 - Arnado again used his USA Passport No. 057782700 to depart and enter the Philippines. 30 November 2009 - Arnado filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del Norte. A certification from the Bureau of Immigration showed that Arnado arrived in the Philippines on 12 January 2010, as well as on 23 March 2010. Both arrival dates show that Arnado used the same USA passport he used in 2009. Despite Balua’s petition before the COMELEC, the elections proceeded without any ruling on Arnado’s qualification. Arnado received the highest number of votes in the May 2010 elections and was proclaimed Mayor of Kauswagan, Lanao del Norte. The COMELEC First Division issued its ruling on Arnado’s qualification after his proclamation. The COMELEC First Division treated Balua’s petition to disqualify Arnado and/or to cancel his certificate of candidacy as a petition for disqualification. The COMELEC First Division granted Balua’s petition and annulled Arnado’s proclamation. The COMELEC First Division stated that “Arnado’s continued use of his US passport is a strong indication that Arnado had no real intention to renounce his US citizenship and that he only executed an Affidavit of Renunciation to enable him to run for office.” The COMELEC First Division decreed that the order of succession under Section 44 of the Local Government Code of 1991[1] should take effect. Arnado filed a motion for reconsideration before the COMELEC En Banc. Maquiling intervened, and asserted that although the COMELEC First Division correctly disqualified Arnado, the law on succession should not apply. Instead, Maquiling should have been proclaimed as Mayor for being the legitimate candidate with the highest number of votes. The COMELEC En Banc reversed and set aside the ruling of the COMELEC First Division. In granting Arnado’s motion for reconsideration, the COMELEC En Banc stated that Arnado’s use of his USA passport “does not operate to revert back [sic] his status as a dual citizen prior to his renunciation as there is no law saying such.” COMELEC Chair Sixto Brillantes concurred, and stated that Arnado “after reacquiring his Philippine citizenship should be presumed to have remained a Filipino despite his use of his American passport in the absence of clear, unequivocal and competent proof of expatriation.” Commissioner Rene Sarmiento dissented, and declared that Arnado failed to prove that he abandoned his allegiance to the USA and that his loss of the continuing requirement of citizenship disqualifies him to serve as an elected official. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 28/49