2007-78667
De Guzman vs COMELEC 2009
FACTS:
P De Guzman and PR Angelina DG. Dela Cruz candidates
for vice-mayor of Guimba, Nueva Ecija
PR filed a petition for disqualification against P alleging that P
is not a citizen of the Phil but an immigrant and resident of the
USA
P admitted that he was a naturalized American but on Jan
25, 2006, he applied for dual citizenship under RA 9225. He
then took his oath of allegiance to the RP on Sept 2006. He
agrued that since he reacquired Phil citizenship, he is entitled to
exercise full civil and political rights hence he is qualified to run
as vice mayor of Guimba Nueva Ecija.
PR won. Hence P filed an election protest on grounds of
irregularities and massive cheating.
COMELEC ruled that P should be disqualified. Under RA
9225 P has validly reacquired Fil citizenship. BY taking Oath to
the Phil, P was deemed a dual citizen, possessing both Fil and
American citizenship. However, a provision in the said act
provides that Those who retain and reacquire Phil Citizenship
shall enjoy full civil and political rights on the following
conditions: (2) Those seeking elective public office shall meet
the qualifications for holding such public office as required by
the Constitution and existing laws and, at the time of the filing of
the COC, make a personal and sworn renunciation of any and
all foreign citizenship before any public officer authorized to
administer an oath. BUT COMELEC ruled that since P did not
renounce his American citizenship before he can run for any
public, the fact that he took Oath of Allegiance did not mean the
he renounced his American citizenship. Thus, at the time he