EUSEBIO EUGENIO K. LOPEZ, petitioner, vs.

COMMISSION ON ELECTIONS
and TESSIE P. VILLANUEVA, G.R. No. 182701 (Resolution), July 23, 2008

Digest by: Yovellie Delubio

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 Villanueva filed a
petition before the Provincial Election Supervisor of the Province of Iloilo, praying for the
disqualification of petitioner on the ground that he is an American citizen, hence, ineligible
from running for any public office. Petitioner argued that he is a dual citizen, a Filipino and
at the same time an American, by virtue of Republic Act (R.A.) No. 9225. He returned to the
Philippines and resided in Barangay Bagacay. Thus, possessed all the qualifications to run
for Barangay Chairman. Petitioner emerged as the winner. On February 6, 2008,
COMELEC issued the assailed Resolution granting the petition for disqualification of the
petitioner from running as Barangay Chairman since the latter was not able to regain his
Filipino citizenship in the manner provided by law- to be able to qualify as a candidate in
the elections, petitioner should have made a personal and sworn renunciation of any and all
foreign citizenship. Petitioner argues that his filing of a certificate of candidacy operated as
an effective renunciation of foreign citizenship. Petitioner was born a Filipino but he
deliberately sought American citizenship and renounced his Filipino citizenship. He later
on became a dual citizen by re-acquiring Filipino citizenship.
ISSUE:
Whether or not the petitioner complied with the requirement of R.A. No. 9225
RULING:
Petitioner failed to comply with this requirement.
While respondent was able to regain his Filipino Citizenship by virtue of the Dual
Citizenship Law when he took his oath of allegiance before the Vice Consul of the
Philippine Consulate General's Office in LA, California, the same is not enough to allow
him to run for a public office. R.A. No. 9225 mandates that a candidate with dual
citizenship must make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath. There is no
evidence presented that will show that respondent complied with the provision
of R.A. No. 9225.
For the renunciation to be valid, it must be contained in an affidavit duly executed before
an officer of law who is authorized to administer an oath. The affiant must state in clear
and unequivocal terms that he is renouncing all foreign citizenship for it to be effective. In
the instant case, respondent Lopez's failure to renounce his American citizenship as
proven by the absence of an affidavit that will prove the contrary leads this Commission
to believe that he failed to comply with the positive mandate of law.