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
Barangay Bagacay, San Dionisio, Iloilo City held on October 29, 2007, who eventually emerged as
the winner.

On October 25, 2007, respondent Villanueva filed a petition before the Provincial Election
Supervisor of the Province of Iloilo, praying for the disqualification 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 Retention and Re-
acquisition Act of 2003.He said, he possessed all the qualifications to run for Barangay Chairman.

On February 6, 2008, COMELEC issued the Resolution granting the petition for disqualification of
Lopez from running as Barangay Chairman.

COMELEC said, to be able to qualify as a candidate in the elections, Lopez should have made a
personal and sworn renunciation of any and all foreign citizenship.

His motion for reconsideration having been denied, Lopez resorted to petition for certiorari,
imputing grave abuse of discretion on the part of the COMELEC for disqualifying him from running
and assuming the office of Barangay Chairman.

RULING: SC dismissed the petition. The COMELEC committed no grave abuse of discretion in
disqualifying petitioner as candidate for Chairman in the Barangay elections of 2007

Lopez 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.

R.A. No. 9225 expressly provides for the conditions before those who re-acquired Filipino
citizenship may run for a public office in the Philippines. Section 5 of the said law states:

Section 5. Civil and Political Rights and Liabilities. - Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and the following conditions:

(2) Those seeking elective public office in the Philippines shall meet the qualification for
holding such public office as required by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized to administer an oath. (Emphasis
added)

Lopez 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 Los
Angeles, California, the same is not enough to allow him to run for a public office.

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.
Under the law, 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.

While it is true that petitioner won the elections, took his oath and began to discharge the
functions of Barangay Chairman, his victory can not cure the defect of his candidacy. Garnering
the most number of votes does not validate the election of a disqualified candidate because the
application of the constitutional and statutory provisions on disqualification is not a matter of
popularity