Cordora v COMELEC FACTS:
Petitioner Petitioner alleges alleges that private private respondent respondent Tambunt Tambunting ing is not eligible to run for public office because he lacked citizenship requirement requirements s and residency residency requirements requirements necessary necessary for said office. Petitioner claims that Tambunting is not a Filipino citizen but a naturalize naturalized d America American n citizen. citizen. Tambunt Tambunting ing on the other hand says that he is born of a Filipino mother and an American father therefore making him a dual citizen and not a naturalized American citizen. Private respondent also stated that he took an oath of allegiance by virtue of R.A. 9! "#itizen Retention and Reacquisition act of $$%& and he resided in the Philippines since birth. The #'()*)# #'()*)# dismissed dismissed the complaint complaint because petitioner petitioner failed to substantia substantiate te his claim but commissio commissioner ner +armiento pointed out that Tambunting can be considered a person ,ith dual dual citize citizensh nship ip but he effect effective ively ly renoun renounced ced his Ameri America can n citizenship ,hen he filed the certificate of candidacy in $$- and $$ and ran for public office. ISSUE:
/hether /hether or not private private respondent respondent Tambunt Tambunting ing is eligible eligible for public office0 DESICION:
1es 1es he is eligible for public office. HELD:
The fact that he had dual citizenship did not disqualify him from running for public office. 2n a previous case decided by the +upreme #ourt it ,as held that dual citizenship is not a ground for disqualification from running for any elective local position. 2n cases of dual citizenship3 ,here it is most of the ti me involuntary
to be one3 ,hen they run for public office they 4ust have to elect their Philippine Philippine citizensh citizenship ip to terminate terminate their status status as persons persons ,ith dual citizenship. The problem posits ,hen it is an issue of dual allegiance3 allegiance3 ,hich ,hich may be a ground ground for disqualification disqualification33 because it is a result of one5s volition. 'ne simply cannot govern a place ,here their allegiance is not fully dedicated to the place ,here they ought to serve.
Japzon v COMELEC
?o he is not ineligible@ he is eligible to be mayor.
FACTS:
HELD:
6apzon filed a petition to the #'()*)# to disqualify Ty from running for public office and the cancellation of the certificate of candidacy. For the reason that Ty ,as not able to fulfill the requirements in running for public office7 he ,as not able to renounce his foreign citizenship and he did not reside in )ast +amar long enough to be able to run for public office. 8e contended that private respondent left the Philippines from 6uly $$76anuary $$: ,hile still declaring his American citizenship. Private respondent "Ty& admitted that he ,as a natural born Filipino then ,ent to the ;+A to ,ork and then became a naturalized citizen there. Ty contended that he already fulfilled the necessary requirements to become a Filipino citizen once again and to be able to run for public office. 8e ,as able to apply for reacquisition of Philippine citizenship in *os Angeles from the Philippine consulate general office. And on 'ctober $$! he eeneral. And ,hen he applied for a Philippine Passport on 'ctober 3 $$!3 he indicated that his address ,as at east samar ,here he ,ould reside. The passport ,as approved and later he paid ta
R.A. 9! imposes no residency requirement for the reacquisition or retention of Philippine citizenship on the current residence of the concerned natural7born Filipino. Ty5s intent to establish a ne, domicile of choice in eastern +amar became apparent ,hen he applied for a Philippine passport indicating that his residence or domicile in the Philippines ,as at (abini +t.3 rgy 3 Poblacion3 >en (cArthur3 )astern +amar3 Philippines. The +upreme #ourt held that the length of residence shall be determined from the time he made it his domicile of choice. The court sees no basis for it to require Ty to never leave the address he stated3 the fact that he returned after his trips proved his intent to stay in the said address.
ISSUE:
/hether or not Ty is ineligible to be mayor of the (unicipality of >eneral (cArthur3 )astern +amar0 DECISION:
