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63 Maquiling vs. Comelec 696 SCRA 420

This case involved a respondent who was a natural born Filipino citizen but later became a US citizen through naturalization. He then applied for and was granted repatriation of his Filipino citizenship under RA 9225. However, shortly after renouncing his US citizenship, he traveled using his American passport and represented himself as an American citizen. The Supreme Court ruled that while using a foreign passport alone does not constitute loss of Filipino citizenship, it repudiates the oath of renunciation required to run for local office. By using his US passport and representing himself as an American, the respondent voluntarily reverted to his prior status as a dual citizen, disqualifying him from the local position.

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162 views

63 Maquiling vs. Comelec 696 SCRA 420

This case involved a respondent who was a natural born Filipino citizen but later became a US citizen through naturalization. He then applied for and was granted repatriation of his Filipino citizenship under RA 9225. However, shortly after renouncing his US citizenship, he traveled using his American passport and represented himself as an American citizen. The Supreme Court ruled that while using a foreign passport alone does not constitute loss of Filipino citizenship, it repudiates the oath of renunciation required to run for local office. By using his US passport and representing himself as an American, the respondent voluntarily reverted to his prior status as a dual citizen, disqualifying him from the local position.

Uploaded by

Alexandrei Gucor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CASAN MACODE MAQUILING VS.

COMMISSION ON ELECTIONS, ROMMEL


ARNADO y CAGOCO, LINOG G. BALUA
SCRA: 696 SCRA 420
April 16, 2013
Ponente: Serano, C.J.

FACTS:
Herein respondent is a natural born Filipino citizen. However, as a consequence of his
subsequent naturalization as a citizen of the US, he lost his Filipino citizenship. He then applied
for repatriation under R.A 9225 before the Consulate General of the Philippines in San Francisco
and on the same day was granted his approval for citizenship retention and eventually took his
Oath of Allegiance and executed an Affidavit renouncing his foreign citizenship.
However, herein respondent travelled several times to the US using his American
Passport and made public representations that he was an American in his travels when his
Philippine passport has not been issued.

ISSUE: Whether the mayor was disqualified under Sec. 40 (d) of the Local Government Code.

RULING:
YES. While the act of using a foreign passport is not one of the acts enumerated in
Commonwealth Act No. 63 constituting renunciation and loss of Philippine citizenship, it is
nevertheless an act which repudiates the very oath of renunciation required for a former Filipino
citizen who is also a citizen of another country to be qualified to run for a local elective position.
When Arnado used his US passport on 14 April 2009, or just eleven days after he renounced his
American citizenship, he recanted his Oath of Renunciation that he “absolutely and
perpetually renounce(s) all allegiance and fidelity to the UNITED STATES OF
AMERICA” and that he “divest(s) [him]self of full employment of all civil and political rights
and privileges of the United States of America.”
We agree with the COMELEC En Banc that such act of using a foreign passport does not divest
Arnado of his Filipino citizenship, which he acquired by repatriation. However, by representing
himself as an American citizen, Arnado voluntarily and effectively reverted to his earlier status
as a dual citizen. Such reversion was not retroactive; it took place the instant Arnado represented
himself as an American citizen by using his US passport. This act of using a foreign passport
after renouncing one’s foreign citizenship is fatal to Arnado’s bid for public office, as it
effectively imposed on him a disqualification to run for an elective local position. Maquiling vs.
Commission on Elections, 696 SCRA 420, G.R. No. 195649 April 16, 2013

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