Cited Laws
accordingly nullified his proclamation and held that the rule on succession should be followed. Arnado moved for reconsideration. In the meantime, Casan Macode Maquiling (Maquiling), another mayoralty candidate who garnered the second highest number of votes, intervened in the case. He argued that the Comelec First Division erred in applying the rule on succession. On February 2, 2011, the Comelec En Banc rendered a Resolution reversing the ruling of the Comelec First Division. It held that Arnado's use of his US passport did not operate to revert his status to dual citizenship. The Comelec En Banc found merit in Arnado's explanation that he continued to use his US passport because he did not yet know that he had been issued a Philippine passport at the time of the relevant foreign trips. The Comelec En Banc further noted that, after receiving his Philippine passport, Arnado used the same for his subsequent trips. Maquiling then sought recourse to this Court by filing a petition docketed as G.R No. 195649. While G.R No. 195649 was pending, the period for the filing of CoCs for local elective officials for the May 13, 2013 elections officially began. On October 1, 2012, Arnado filed his CoC [6] for the same position. Respondent Capitan also filed his CoC for the mayoralty post of Kauswagan. On April 16, 2013, this Court rendered its Decision in Maquiling . Voting 10-5, it annulled and set aside the Comelec En Banc' s February 2, 2011 Resolution, disqualified Arnado from running for elective position, and declared Maquiling as the duly elected mayor of Kauswagan, Lanao Del Norte in the May 10, 2010 elections. In so ruling, the majority of the Members of the Court opined that in his subsequent use of his US passport, Arnado effectively disavowed or recalled his April 3, 2009 Affidavit of Renunciation. Thus: We agree with the pronouncement of the COMELEC First Division that "Arnado's act of consistently using his US passport effectively negated his "Affidavit of Renunciation." Tills does not mean that he failed to comply with the twin requirements under R.A. No. 9225, for he in fact did. It was after complying with the requirements that he performed positive acts which effectively disqualified him from running for an elective public office pursuant to Section 40(d) of the Local Government Code of 1991. The purpose of the Local Government Code in disqualifying dual citizens from running for any elective public office would be thwarted if we were to allow a person who has earlier renounced his foreign citizenship, but who subsequently represents himself as a foreign citizen, to hold any public office. x x x x We therefore hold that Arnado, by using his US passport after renouncing his American citizenship, has recanted the same Oath of Renunciation he took. Section 40(d) of the Local Government Code applies to his situation. He is disqualified not only from holding the public office but even from becoming a candidate in the May 2010 elections. [7] The