G.R. No. 216637 - AGAPITO J. CARDINO, VS. COMMISSION ON ELECTIONS EN BANC AND ROSALINA G. JALOSJOS A.K.A. ROSALINA JALOSJOS JOHNSON.

Ruling

WHEREFORE , the instant petition is hereby DISMISSED for lack of merit. [14] Cardino moved for a reconsideration [15] of the above resolution but the same was denied in the assailed Resolution dated January 30, 2015 of the COMELEC En Banc . In the petition before this Court, Cardino faults the COMELEC for refusing to declare the ineligibility of Jalosjos for her failure to comply with the requirement of Republic Act No. 9225 of making a personal and sworn renunciation of any and all foreign citizenships before any public officer authorized to administer an oath when she filed her COC for Mayor of Dapitan City on October 1, 2012. Cardino insists that Jalosjos' Affidavit of Renunciation was falsified and, therefore, void ab initio as it was physically impossible for her to have executed, signed and sworn to her Affidavit of Renunciation before Judge De Guzman-Laput on July 16, 2012. Consequently, there was no valid personal sworn renunciation of any and all foreign citizenships on the part of Jalosjos. As to the testimonial evidence adduced by Jalosjos, Cardino brushed them aside as mere self-serving and inconsistent testimonies of biased witnesses. Cardino alleged that Judge De Guzman-Laput had every reason to falsely testify in favor of Jalosjos given the pendency of the administrative case that Cardino filed against Judge De Guzman-Laput before the Supreme Court (OCA IPI No. 13-2627-MTJ) involving the allegedly fraudulent execution of Jalosjos' Affidavit of Renunciation. In her Comment [16] to the petition, Jalosjos maintains that her Affidavit of Renunciation is not falsified, but one that merely contains a clerical error in the date of execution. The same was actually executed and sworn to before Judge De Guzman-Laput on July 19, 2012 and it was through an error of the personnel who prepared the affidavit that the date of July 16, 2012 was indicated thereon. Jalosjos admits that she could not have executed the affidavit on July 16, 2012 as she was still in the USA on said date. Jalosjos explains that after she arrived in Manila on July 17, 2012, she bought a ticket for a flight to Dipolog City in Zamboanga del Norte on July 19, 2012. Jalosjos then informed Corro that she wanted to appear before Judge De Guzman-Laput on July 19, 2012 so that her staff could make the necessary arrangements. Jalosjos did in fact fly from Manila to Dipolog City on board Cebu Pacific Flight No. 5J-703 and arrived there around 2:00 p.m. of July 19, 2012. At around 5:00 p.m. that day, Jalosjos personally appeared before Judge De Guzman-Laput at the latter's sala in the MTC of Manukan, Zamboanga del Norte and renounced her American citizenship by executing the Affidavit of Renunciation under oath. Jalosjos stresses that Judge De Guzman-Laput herself confirmed that Jalosjos personally appeared on July 19, 2012 before the latter at her sala in the MTC of Manukan, Zamboanga del Norte to renounce her American citizenship. Cardino, on the other hand, failed to present any