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EUSEBIO EUGENIO K. LOPEZ v. COMELEC

FACTS:

Petitioner Eusebio Eugenio K. Lopez was a candidate for the position of Chairman of Barangay Bagacay, San Dionisio, Iloilo City in the synchronized Barangay and Sangguniang Kabataan Elections held on October 29, 2007. Respondent Tessie P. Villanueva filed a petition for disqualification against petitioner on the ground that he is an American citizen and thus ineligible to run for any public office. Petitioner argued that he is a dual citizen, Filipino and American, by virtue of Republic Act (R.A.) No. 9225. COMELEC issued a Resolution granting the petition for disqualification, finding that petitioner failed to personally and swornly renounce his foreign citizenship, as required by R.A. No. 9225. Petitioner's motion for reconsideration was denied, prompting him to file a petition for certiorari before the Supreme Court. The Court dismissed the petition, ruling that petitioner failed to comply with the requirement of personally and swornly renouncing his foreign citizenship, thereby upholding COMELEC's disqualification of petitioner as a candidate for Barangay Chairman.

ISSUES:

    • Whether or not the petitioner, a Filipino-American or dual citizen, is eligible to run for an elective public position in the Philippines.
    • Whether or not the petitioner's filing of a certificate of candidacy operates as an effective renunciation of foreign citizenship.
    • Whether or not the petitioner complied with the requirement of making a personal and sworn renunciation of foreign citizenship before running for public office.

RULING:

  1. The Supreme Court held that the petitioner is not eligible to run for an elective public position in the Philippines. The Court ruled that under Republic Act (R.A.) No. 9225, a Filipino-American or dual citizen must personally swear to a renunciation of all foreign citizenship at the time of filing the certificate of candidacy. The petitioner failed to comply with this requirement, as there was no evidence presented that he made a personal and sworn renunciation of foreign citizenship before any public officer authorized to administer an oath. Therefore, the Commission on Elections (COMELEC) did not commit grave abuse of discretion in disqualifying the petitioner from running as Barangay Chairman.

PRINCIPLES:

  • A Filipino-American or dual citizen must personally swear to a renunciation of all foreign citizenship at the time of filing the certificate of candidacy to be eligible to run for an elective public position in the Philippines, as provided by Republic Act (R.A.) No. 9225.

  • Filing a certificate of candidacy does not operate as an effective renunciation of foreign citizenship; a personal and sworn renunciation is required.

  • The victory of a disqualified candidate does not cure the defect of their candidacy. The application of constitutional and statutory provisions on disqualification is not a matter of popularity.