Aznar vs. COMELEC

Aznar vs. COMELEC

Facts: 

Herein private defendant filed for a certificate of candidacy for 1988 elections which is contested by Jose B. Aznar of Cebu PDP-Laban Provincial Council on the ground that private respondent is allegedly not a Filipino citizen.

Petitioner submitted a Certification that Osmeña is an American, Application for Alien Registration Form No.1, Alien Certificate Registration and Immigrant Certificate of Residence of the defendant, thus causing the suspension of the proclamation of the private defendant.

Osmeña, in response, maintained his being Filipino by alleging, that his ancestors are all Filipinos, that he is a holder of a valid and subsisting Philippine Passport, that he has been continuously residing in the Philippines since birth, that he hasn’t gone out of the country for more than six months, and that he has been a registered voter since 1965.

COMELEC First division dismissed the petition for not having been timely filed aside from the lack of proof to the allegation, after the proclamation of the defendant as a winner by the aforementioned division.

Under the statutes related to election, there are only two instances where the qualifications of a registered candidate may be questioned, both of which this case may not qualify, qualify, however, the court found it necessary to ascertain respondent’s citizenship and qualification to hold public office as a matter of interest.

Issue:

Whether or not private respondent is a Filipino citizen, thus, qualified to hold public office.

Held:

There are three modes thru which an individual loses his Filipino citizenship, (1) by naturalization in a foreign country; (2) by express renunciation of citizenship; and (3) by subscribing to an oath of allegiance to a foreign county. None of the aforementioned extinguished Osmeña’s Filipino citizenship.

Petitioner relied that private respondent was issued an alien certificate of registration as an American Citizen and was given a clearance and permit to re-enter the Philippines, hence, he is an American, and must have sworn allegiance to a foreign country. This is found to be a case of non sequitur or it does not follow. The mere fact that he bears a certification of being an American does not follow that he is not anymore a Filipino. Swearing of allegiance is also vehemently denied by the private respondent.

Also, repugnance of the Constitution to dual citizenship does not have retroactive effect.

Ruling: 

Wherefore, the petition for certiorari is hereby dismissed and the resolution of the COMELEC is affirmed.