4/29/2020
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to the country on June 25, 2009. This happened again when he left for the United
States on July 29, 2009 and returned to the country on November 24, 2009.[9]
The record does not show the exact date when Arnado applied for a Philippine
passport; it shows however that Consulate General of the Philippines in San Francisco,
USA, approved and issued a Philippine Passport (No. XX 3979162) for Arnado on
June 18, 2009.[10] He received this passport three (3) months later.[11] Thereafter,
he used his Philippine passport in his travels on the following dates: December 11,
2009 (Departure), January 12, 2010 (Arrival), January 31, 2010 (Departure), March
31, 2010 (Arrival), April 11, 2010 (Departure) April 16, 2010 (Arrival), May 20, 2010
(Departure) and June 4, 2010 (Arrival).[12]
On November 30, 2009 or six months after he fully complied with the requirements of
R.A. No. 9225, Arnado filed his Certificate of Candidacy (CoC) for the position of
Mayor of Kauswagan, Lanao del Norte.[13]
Five months after or on April 28, 2010, respondent mayoralty candidate Linog C. Balua
(Balua) filed a petition to disqualify Arnado and/or to cancel his CoC. Balua contended
that Arnado is a foreigner and is not a resident of Kauswagan, Lanao del Norte. Balua
attached to his petition a Bureau of Immigration (BI) certification dated April 23, 2010
indicating Arnado’s nationality as “USA-American” and certifying that the name Arnado
Rommel Cagoco appears in the Computer Database/Passenger Manifest with the
following pertinent travel records:[14]
DATE OF Arrival
NATIONALITY
PASSPORT
DATE OF Arrival
NATIONALITY
PASSPORT
:
:
:
:
:
:
01/12/2010
USA-AMERICAN
057782700
03/23/2010
USA-AMERICAN
057782700
(Significantly, Arnado also submitted the photocopy of his Philippine passport showing
that he used his Philippine passport on travels on these dates.)[15]
Balua also presented a computer generated travel record dated December 3, 2009
indicating that Arnado has been using his US Passport No. 057782700 in entering
and departing the Philippines. The record showed that Arnado left the country on
April 14, 2009 and returned on June 25, 2009; he departed again on July 29, 2009
and arrived back in the country on November 24, 2009.[16] In these lights,
Arnado’s disqualification was a live election issue, well-known to the
Kauswagan electorate, who nevertheless voted Arnado into office as Mayor.
[17]
The Comelec First Division ordered Arnado to file his Answer (to Balua’s petition) and a
Memorandum. With the petition filed a mere two weeks from election day, Arnado
failed to comply, thus giving Balua the opportunity to move that Arnado be declared in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
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