Cordora vs Comelec Case Digest

Share Embed Donate


Short Description

';l';l';ll...

Description

Cordora vs ComelecCarpio, J: FACTS:Cordora filed a complaint affidavit before Comelec law department against Tambunting asserting that Gustavo Tambuntingmade false assertion in his certificate of candidacy by claiming that Natural Born Filipino and resident before the election in 2001and 2004. Cordora alleged that Tambunting was not eligible to run for local public office because Tambunting lacked therequired citizenship and residency requirements.Cordora presented a certification from the Bureau of Immigration which statedthat, in two instances, Tambunting claimed that he is an American: upon arrival in the Philippines on 16 December 2000 andupon departure from the Philippines on 17 June 2001. According to Cordora, these travel dates confirmed that Tambuntingacquired American citizenship through naturalization in Honolulu, Hawaii on 2 December 2000.Tambunting, on the other hand,maintained that he did not make any misrepresentation in his certificates of candidacy. To refute Cordora’s claim that Tambunting is not a natural-born Filipino, Tambunting presented a copy of his birth certificate which showed that he was born ofa Filipino mother and an American father. Tambunting further denied that he was naturalized as an American citizen. The certificate of citizenship conferred by the US government after Tambunting’s father petitioned him through INS Form I -130(Petition for Relative) merely confirmed Tam bunting’s citizenship which he acquired at birth. Tambunting’s possession of an American passport did not mean that Tambunting is not a Filipino citizen. Tambunting also took an oath of allegiance on 18November 2003 pursuant to Republic Act No. 9225 (R.A. No. 9225), or the Citizenship Retention and Reacquisition Act of 2003.The Comelec law department recommended the dismissal of complaint because it failed to substantiate the charges. TheCOMELEC En Banc affirmed the findings and the resolution of the COMELEC Law Department. The COMELEC En Banc wasconvinced that Cordora failed to support his accusation against Tambunting by sufficient and convincing evidence.Commissioner Sarmiento wrote a separate opinion which concurred with the findings of the En Banc Resolution. CommissionerSarmiento pointed out that Tambunting could be considered a dual citizen. Moreover, Tambunting effectively renounced hisAmerican citizenship when he filed his certificates of candidacy in 2001 and 2004 and ran for public office. Petitioner filed a MRbut was denied, hence, this petition.ISSUE:Whether or not Tambunting is natural born Filipino.HELD:Tambunting does not deny that he is born of a Filipino mother and an American father. Neither does he deny that he underwentthe process involved in INS Form I130 (Petition for Relative) because of his father’s citizenship. Tambunting claims thatbecause of his parents’ differing citizenships, he is both Filipino and American by birth. Cordora, on the other hand, insist s thatTambunting is a naturalized American citizen. We agree with Commissioner Sarmiento’s observation that Tambunting possesses dual citizenship. Because of the circumstances of his birth, it was no longer necessary for Tambunting to undergo the naturalization process to acquire Americancitizenship. The process involved in INS Form I-130 only served to confirm the American citizenship which Tambunting acquiredat birth. The certification from the Bureau of Immigration which Cordora presented contained two trips where Tambuntingclaimed that he is an American. However, the same certification showed nine other trips where Tambunting claimed that he isFilipino. Clearly, Tambunting possessed dual

citizenship prior to the filing of his certificate of candidacy before the 2001elections. The fact that Tambunting had dual citizenship did not disqualify him from running for public office. Dual citizenship is involuntary and arises when, as a result of the concurrent application of the different laws of two or morestates, a person is simultaneously considered a national by the said states. Thus, like any other natural-born Filipino, it isenough for a person with dual citizenship who seeks public office to file his certificate of candidacy and swear to the oath ofallegiance contained therein. Dual allegiance , on the other hand, is brought about by the individual’s active participation in the naturalization process. AASJS states that, under R.A. No. 9225, a Filipino who becomes a naturalized citizen of another countryis allowed to retain his Filipino citizenship by swearing to the supreme authority of the Republic of the Philippines. The act of taking an oath of allegiance is an implicit renunciation of a naturalized citizen’s foreign citizenship

View more...

Comments

Copyright © 2017 KUPDF Inc.
SUPPORT KUPDF