Extracts from the Supreme Court En Banc Resolution promulgated on June 25, 2013, on the Petition for Certiorari with Prayer for Temporary Restraining Order and/or Preliminary Injunction and/or Status Quo Amte Order dated 7 June 2013 filed by Regina Ongsiako Reyes, assailing the Resolutions dated 27 March 2013 and 14 May 2013 issued by public respondent Commission on Elections (Comelec) in SPA No. 13-053. The assailed Resolutions ordered the cancellation of the Certificate of Candidacy of petitioner for the position of Representative of the lone district of Marinduque.:
Copy of the SC Resolution may be read in full by clicking this LINK
“…In her Answer, petitioner countered that, while she is publicly known to be the wife of Congressman Herminaldo I. Mandanas (Congressman Mandanas), there is no valid and binding marriage between them. According to petitioner, although her marriage with Congressman Mandanas was solemnized in a religious rite, it did not comply with certain formal requirements prescribed by the Family Code, rendering it void ab initio. Consequently, petitioner argues that as she is not duty-bound to live with Congressman Mandanas, then his residence cannot be attributed to her. As to her date of birth, the Certificate of Live Birth issued by the National Statistics Office shows that it was on 3 July 1964. Lastly, petitioner notes that the allegation that she is a permanent resident and/or a citizen of the United States of America is not supported by evidence.” (page 2)
“…Not agreeing with the Resolution of the COMELEC First Division, petitioner filed a Motion for Reconsideration14 on 8 April 2013 claiming that she is a natural-born Filipino citizen and that she has not lost such status by simply obtaining and using an American passport. Additionally, petitioner surmised that the COMELEC First Division relied on the fact of her marriage to an American citizen in concluding that she is a naturalized American citizen. Petitioner averred, however, that such marriage only resulted into dual citizenship, thus there is no need for her to fulfill the twin requirements under R.A. No. 9225. Still, petitioner attached an Affidavit of Renunciation of Foreign Citizenship sworn to before a Notary Public on 24 September 2012. As to her alleged lack of the one-year residency requirement prescribed by the Constitution, she averred that, as she never became a naturalized citizen, she never lost her domicile of origin, which is Boac, Marinduque.
“On 14 May 2013, the COMELEC En Banc, promulgated a Resolution denying petitioner’s Motion for Reconsideration for lack of merit. Four days thereafter or on 18 May 2013, petitioner was proclaimed winner of the 13 May 2013 Elections.
"On 5 June 2013, the COMELEC En Banc issued a Certificate of Finality declaring the 14 May 2013 Resolution of the COMELEC En Banc final and executory, considering that more than twenty-one (21) days have elapsed from the date of promulgation with no order issued by this Court restraining its execution.” (page 3-4)
“…More importantly, we cannot disregard a fact basic in this controversy – that before the proclamation of petitioner on 18 May 2013, the COMELEC En Banc had already finally disposed of the issue of petitioner’s lack of Filipino citizenship and residency via its Resolution dated 14 May 2013. After 14 May 2013, there was, before the COMELEC, no longer any pending case on petitioner’s qualifications to run for the position of Member of the House of Representative. We will inexcusably disregard this fact if we accept the argument of the petitioner that the COMELEC was ousted of jurisdiction when she was proclaimed, which was four days after the COMELEC En Banc decision. The Board of Canvasser which proclaimed petitioner cannot by such act be allowed to render nugatory a decision of the COMELEC En Banc which affirmed a decision of the COMELEC First Division. "(page 9)
“…Indeed, the assailed Resolution of the COMELEC First Division which was promulgated on 27 March 2013, and the assailed Resolution of the COMELEC En Banc which was promulgated on 14 May 2013, became final and executory on 19 May 2013 based on Section 3, Rule 37 of the COMELEC Rules of Procedure which provides:
Section 3. Decisions Final after five days. Decisions in preproclamation cases and petitions to deny due course to or cancel certificates of candidacy, to declare nuisance candidate or to disqualify a candidate, and to postpone or suspend elections shall become final and executory after the lapse of five (5) days from their promulgation unless restrained by the Supreme Court. (page 9)
“As to the ruling that petitioner is ineligible to run for office on the ground of citizenship, the COMELEC First Division, discoursed as follows:
“x x x for respondent to reacquire her Filipino citizenship and become eligible for public office, the law requires that she must have accomplished the following acts: (1) take the oath of allegiance to the Republic of the Philippines before the Consul-General of the Philippine Consulate in the USA; and (2) make a personal and sworn renunciation of her American citizenship before any public officer authorized to administer an oath.
In the case at bar, there is no showing that respondent complied with the aforesaid requirements. Early on in the proceeding, respondent hammered on petitioner’s lack of proof regarding her American citizenship, contending that it is petitioner’s burden to present a case. She, however, specifically denied that she has become either a permanent resident or naturalized citizen of the USA.
Due to petitioner’s submission of newly-discovered evidence thru a Manifestation dated February 7, 2013, however, establishing the fact that respondent is a holder of an American passport which she continues to use until June 30, 2012, petitioner was able to substantiate his allegations. The burden now shifts to respondent to present substantial evidence to prove otherwise. This, the respondent utterly failed to do, leading to the conclusion inevitable that respondent falsely misrepresented in her COC that she is a natural-born Filipino citizen. Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines. (Emphasis supplied.)" (page 11)
“…Let us look into the events that led to this petition: In moving for the cancellation of petitioner’s COC, respondent submitted records of the Bureau of Immigration showing that petitioner is a holder of a US passport, and that her status is that of a “balikbayan.” At this point, the burden of proof shifted to petitioner, imposing upon her the duty to prove that she is a natural-born Filipino citizen and has not lost the same, or that she has reacquired such status in accordance with the provisions of R.A. No. 9225. Aside from the bare allegation that she is a natural-born citizen, however, petitioner submitted no proof to support such contention. Neither did she submit any proof as to the inapplicability of R.A. No. 9225 to her.
“ Notably, in her Motion for Reconsideration before the COMELEC En Banc, petitioner admitted that she is a holder of a US passport, but she averred that she is only a dual Filipino-American citizen, thus the requirements of R.A. No. 9225 do not apply to her. Still, attached to the said motion is an Affidavit of Renunciation of Foreign Citizenship dated 24 September 2012. Petitioner explains that she attached said Affidavit “if only to show her desire and zeal to serve the people and to comply with rules, even as a superfluity.” We cannot, however, subscribe to petitioner’s explanation. If petitioner executed said Affidavit “if only to comply with the rules,” then it is an admission that R.A. No. 9225 applies to her. Petitioner cannot claim that she executed it to address the observations by the COMELEC as the assailed Resolutions were promulgated only in 2013, while the Affidavit was executed in September 2012.” (page 12)
“…The COMELEC did not impose additional qualifications on candidates for the House of Representatives who have acquired foreign citizenship. It merely applied the qualifications prescribed by Section 6, Article VI of the 1987 Constitution that the candidate must be a natural-born citizen of the Philippines and must have one-year residency prior to the date of elections. Such being the case, the COMELEC did not err when it inquired into the compliance by petitioner of Sections 3 and 5 of R.A. No. 9225 to determine if she reacquired her status as a natural-born Filipino citizen. It simply applied the constitutional provision and nothing more.
"IN VIEW OF THE FOREGOING, the instant petition is DISMISSED, finding no grave abuse of discretion on the part of the Commission on Elections. The 14 May 2013 Resolution of the COMELEC En Banc affirming the 27 March 2013 Resolution of the COMELEC First
Division is upheld." (page 15)
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