Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 176947               February 19, 2009

GAUDENCIO M. CORDORA, Petitioner,
vs.
COMMISSION ON ELECTIONS and GUSTAVO S. TAMBUNTING, Respondents.

D E C I S I O N

CARPIO, J.:

The Facts

Petitioner alleged that Respondent was not eligible to run for local public office because the later lacked the required citizenship and residency requirements.

Petitioner presented a certification from the Bureau of Immigration that the respondent is an American. In one of his travels, the respondent has confirmed that he has acquired American citizenship through naturalization in Honolulu, Hawai.

The respondent Tambunting maintained that he did not make any misrepresentation in his certificates of candidacy, that he was a Filipino as manifested in his birth certificate. Tambunting's possession of an American passport did not mean that he is not a Filipino citizen. Respondent also took an oath of allegiance on 18 November 2003 pursuant to Republic Act No. 9225 (R.A. No.

Issue:

Whether or not the respondent meet the requirement to run for public office.

Ruling:

Yes. The respondent is qualified to run for public office. The petition that Respondent failed to meet the residency requirement because of his naturalization as an American fails because Tambunting is not a naturalized American. Moreover, residency, for the purpose of election laws, included the twin elements of the fact of residing in a fixed place and the intention to return there permanently and is not dependent upon citizenship.

In view of the above, we the Court hold that failed to establish that Tambunting indeed willfully made false entries in his certificates of candidacy. On the contrary, Tambunting sufficiently proved his innocence of the charge filed against him. Tambunting is eligible for the office which he sought to be elected and fulfilled the citizenship and residency requirements prescribed by law.

 

Fr. Cesar D. Tinga

ABC College of Law