DIGEST/CHERRIE MAY BAES PANCHO/NESTOR JACOT VS ROGEN DAL/NOVEMBER 27,2008

G.R. No. 179848             November 27, 2008

NESTOR A. JACOT, petitioner,
vs.
ROGEN T. DAL and COMMISSION ON ELECTIONS, respondents

FACT

Nestor Jacot was a natural-born Filipino Citizen, and on December 13, 1989, he became a naturalized citizen of the U.S. Nestor Jacot appealed to reacquire his Philippine citizenship under Republic Act No. 9225, otherwise known as the Citizenship Retention and Re-Acquisition Act. Nestor Jacot filed a request for the administration of his Oath of Allegiance with the Philippine Consulate General (PCG) of Los Angeles, California. On June 19, 2006, the Los Angeles Philippine Consulate General (PCG) was issued an Order of Approval of Nestor’s request. Nestor took his Oath of Allegiance to the Republic of the Philippines before Vice-Consul Edward C. Yulo. On September 27, 2006, the Bureau of Immigration issued Identification Certificate No. 06-12019 recognizing the petitioner as a citizen of the Philippines. On March 26, 2007, Nestor Jacot filed his Certificate of Candidacy (COC) for the position of Vice-Mayor of the Municipality of Catarman, Camiguin.

On May 2, 2007, Rogen T. Dal filed a Petition for Disqualification before the COMELEC Provincial Office in Camiguin against Nestor Jacot arguing that he failed to renounce his US citizenship as required under Section 5(2) of Republic Act No. 9225. On May 6, 2007, Nestor Jacot countered that his Oath of Allegiance to the Republic of the Philippines was made before the Los Angeles Philippine Consulate General (PCG). The oath of Allegiance contained his Certificate of Candidacy as an effective renunciation of his foreign citizenship. On May 14, 2007, the National and Local Election was held. Nestor Jacot garnered the highest number of votes for the position of Vice Mayor. On June 12, 2007, the COMELEC Second Division issued a Resolution to disqualifying Nestor Jacot from running for the position of Vice-Mayor of Catarman, Camiguin, and for failure to make the requisite renunciation of his US citizenship.

On June 29, 2007, Nestor Jacot filed a motion for reconsideration for withdrawing the position of his Oath of Allegiance to the Republic of the Philippines before the Los Angeles Philippine Consulate General (PCG). The Oath in his Certificate of Candidacy satisfied as a renunciation of Nestor Jakot’s US citizenship. On September 28, 2007, The COMELEC en banc to dismissed Nestor Jacot’s motion for reconsideration for lack of merit.

ISSUE

Whether Nestor Jacot is disqualified from running as a Vice Mayor candidate on May 14, 2007 local elections for his failure to make a personal and sworn renunciation of his US citizenship.

RULING

Yes, the court found that Nestor Jacot is disqualified from running as a Vice-Mayor candidate in Camiguin. Nestor Jacot’s Oath of Allegiance to the Republic of the Philippines made before Philippine Consulate General (PCG) and his Certificate of Candidacy does not comply with the requirement of a personal and sworn renunciation of foreign citizenship because these are the requirements to comply with different purposes. Section 3 of the Republic Act No. 9225 requires that a natural-born citizen of the Philippines, who are already naturalized citizens of a foreign country must take the following oath of allegiance to the Republic of the Philippines to reacquire or retain their Philippine citizenship. The Oath of Allegiance stated the Filipino swears allegiance to the Philippines, but there is nothing on his renunciation of foreign citizenship. Under Republic Act No. 9225 stated that Filipino has dual citizenship by reacquiring or retaining his Philippine citizenship, despite his foreign citizenship.

Under Section 5(2) of Republic Act No. 9225 stated that the natural-born Filipinos, who have been naturalized as citizens of a foreign country, but who reacquired or retained their Philippine citizenship: First, to take the oath of allegiance under Section 3 of Republic Act No. 9225; Lastly, for those seeking elective public offices in the Philippines, to additionally execute a personal and sworn renunciation of any foreign citizenship before an authorized public officer prior or simultaneous to the filing of their certificates of candidacy, to qualify as candidates in Philippine elections. Section 40 (d) of the Local Government Code stated that the following persons who are disqualified from any elective local position are those with dual citizenship. The court stated the term "dual citizenship" vis-à-vis the concept of "dual allegiance." Nestor Jacot presents to the court in the Petition for Certiorari an "Affidavit of Renunciation of Allegiance to the United States and any Foreign Citizenship,” which he executed on February 7, 2007, before he filed a Certificate of Candidacy (COC) on March 26, 2007.

Nestor Jacot took before the COMELEC that he complied with the requirement of renunciation by his Oaths of Allegiance to the Republic of the Philippines made before the Los Angeles Philippine Consulate General (PCG) and in his Certificate of Candidacy (COC) that there was no more need for a separate act of renunciation. Nestor Jacot was guilty of negligence, and he believed that his counsel was inexpert. The court stated, Nestor Jacot took an action to discharge his counsel of insisting of the submission of affidavit on February 7, 2007, to the COMELEC, instead waiting a decision was rendered disqualifying him and the resolution issued to dismissed his motion for reconsideration. The rules on citizenship qualifications of a candidate must be strictly applied. If he or she seeks to serve the Republic of the Philippines, he or she must owe his or her loyalty to this country abjuring and renouncing all fealty and fidelity to any other state. The application of the constitutional and statutory provisions on disqualification is not a matter of popularity.

The instant appeal is DISMISSED. The COMELEC en banc is AFFIRMED. Nestor Jacor is DISQUALIFIED to run for the position of Vice-Mayor of Catarman, Camiguin on May 14, 2007.