EUSEBIO EUGENIO K. LOPEZ, PETITIONER, VS. COMMISSION ON ELECTIONS AND TESSIE P. VILLANUEVA, RESPONDENTS.

RESOLUTION A Filipino-American or any dual citizen cannot run for any elective public position in the Philippines unless he or she personally swears to a renunciation of all foreign citizenship at the time of filing the certificate of candidacy. FACTS: Petitioner Lopez, a dual citizen, was a candidate for the position of Chairman of arangay agacay, !an "ionisio, #loilo City held on $ctober %&, %''(, who eventually emerged as the winner. $n $ctober %), %''(, respondent *illanueva filed a petition before the Provincial +lection !upervisor of the Province of #loilo, praying for the dis,ualification of Lopez -American citizen., hence, ineligible from running for any public office. Lopez argued that he is a Filipino-American, by virtue of the Citizenship /etention and /e- ac,uisition Act of %''0.1e said, he possessed all the ,ualifications to run for arangay Chairman. $n February 2, %''3, C$4+L+C issued the /esolution granting the petition for dis,ualification of Lopez from running as arangay Chairman. C$4+L+C said, to be able to ,ualify as a candidate in the elections, Lopez should have made a personal and sworn renunciation of any and all foreign citizenship. 1is motion for reconsideration having been denied, Lopez resorted to petition for certiorari, imputing grave abuse of discretion on the part of the C$4+L+C for dis,ualifying him from running and assuming the office of arangay Chairman. RULING: !C dismissed the petition. 5he C$4+L+C committed no grave abuse of discretion in dis,ualifying petitioner as candidate for Chairman in the arangay elections of %''( Lopez was born a Filipino but he deliberately sought American citizenship and renounced his Filipino citizenship. 1e later on became a dual citizen by re-ac,uiring Filipino citizenship. /.A. 6o. &%%) e7pressly provides for the conditions before those who re-ac,uired Filipino citizenship may run for a public office in the Philippines. !ection ) of the said law states8 !ection ). Civil and Political Rights and Liabilities. - 5hose who retain or re-ac,uire Philippine citizenship under this Act shall en9oy full civil and political rights and be sub9ect to all attendant liabilities and responsibilities under e7isting laws of the Philippines and the following conditions8 -%. Those seekin e!e"#i$e %&'!i" o((i"e in #he Philippines shall meet the ,ualification for holding such public office as re,uired by the Constitution and e7isting laws and, at the time of the filing of the certificate of candidacy, )*ke * %e+son*! *n, s-o+n +en&n"i*#ion o( *n. *n, *!! (o+ei n "i#i/enshi% 'e(o+e *n. %&'!i" o((i"e+ *&#ho+i/e, #o *,)inis#e+ *n o*#h. -+mphasis added. Lopez was able to regain his Filipino Citizenship by virtue of the "ual Citizenship Law when he too: his oath of allegiance before the *ice Consul of the Philippine Consulate ;eneral<s $ffice in Los Angeles, California, the same is not enough to allow him to run for a public office. Lo%e/0s (*i!&+e #o +eno&n"e his A)e+i"*n "i#i/enshi% *s %+o$en '. #he *'sen"e o( *n *((i,*$i# #h*# -i!! %+o$e #he "on#+*+. !e*,s #his Co))ission #o 'e!ie$e #h*# he (*i!e, #o "o)%!. -i#h #he %osi#i$e )*n,*#e o( !*- . =nder the law, for the renunciation to be valid, it must be contained in an affidavit duly e7ecuted before an officer of law who is authorized to administer an oath. The *((i*n# )&s# s#*#e in "!e*+ *n, &ne1&i$o"*! #e+)s #h*# he is +eno&n"in *!! (o+ei n "i#i/enshi% (o+ i# #o 'e e((e"#i$e. >hile it is true that petitioner won the elections, too: his oath and began to discharge the functions of arangay Chairman, his victory can not cure the defect of his candidacy. ;arnering the most number of votes does not validate the election of a dis,ualified candidate because the application of the constitutional and statutory provisions on dis,ualification is not a matter of popularity