4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Section 349 (a)(5) of the Immigration and Nationality Act (INA)[1] sets the procedure that those who have moved their residence to other countries must observe when renouncing their U.S. citizenship. It provides that “(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality – x x x (5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State.” He does not effectively renounce his citizenship who does not comply with what his country requires of him. Here, there is no showing that Arnado, a U.S. citizen, fulfilled the above requirement. To the eyes of the U.S. government, Arnado remains its citizen, owing obligations of loyalty to it and subject to its laws wherever he may be. Indeed, the U.S. government had not cancelled his passport, permitting him to use the same a number of times after he reacquired his Philippine citizenship. If the U.S. continues to regard Arnado as its citizen, then he has two citizenships, a ground for cancelling his certificate of candidacy for a public office in the Philippines. [1] 8 U.S.C. 1481(a)(5) DISSENTING OPINION BRION, J.: I dissent from the ponencia’s conclusions that: (1) respondent Rommel C. Arnado’s (Arnado) use of his US passport in traveling twice to the US violated his Oath of Renunciation so that he reverted back to the status of a dual citizen – a distinct ground for disqualification under Section 40(d) of the Local Government Code (LGC) that barred him from assuming the office of Mayor of Kauswagan, Lanao del Norte; and (2) the petitioner, Casan Macode Maquiling (Maquiling), the “second placer” in the 2010 elections, should be rightfully seated as Mayor of Kauswagan, Lanao del Norte. I base this Dissent on the following grounds: 1) Arnado has performed all acts required by Section 5(2) of Republic Act No. 9225[1] (RA 9225) to re-acquire Philippine citizenship and to qualify and run for public office; 2) The evidence on record shows that Arnado’s use of his US passport in two trips to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820 34/49