Aznar vs .

COMELEC
Post under case digests, Political Law at Saturday, February 04, 2012 Posted
by Schizophrenic Mind
Facts: Aznar filed a petition for certiorari to review COMELEC resolution proclaiming Osmena
as the Cebu Governor. He alleged that Osmena is an American thus disqualified to run in the
1988 election. He presented evidence. Osmena claimed that he is a Filipino.
Issue: Whether or not Osmena is an American thus disqualified torun in the elections
Held: No . No substantial & convincing evidence presented to prove Osmena is no longer a
Filipino citizen & disqualified from running. Filipino citizenship is lost by naturalization in a
foreign country or by express renunciation of citizenship or by subscribing to an oath of
allegiance to support another countrys constitution or laws (CA No. 63). No proof Osmena
did any of those. Aznar assumed that the ACR & permit to re-enter were proof of such.
However, only RP courts are allowed to determine whether one is a Filipino citizen or not,
regardless of whether that person is considered an American under US laws. His father is
Filipino thus, without proof to the contrary, the presumption that he is a Filipino remains.
AZNAR VS. COMELEC, digested
FACTS: In the case at bar, petitioner challenged respondents right to hold public office on
the ground that the latter was an alien. Respondent maintains that he is a son of a Filipino,
was a holder of a valid subsisting passport, a continuous resident of the Philippines and a
registered voter since 1965. He was, however, also a holder of an alien registration
certificate.
ISSUE: Whether or not respondent is an alien.
HELD: No, because by virtue of his being a son of a Filipino, it is presumed that he was a
Filipino and remained Filipino until proof could be shown that he had renounced or lost his
Philippine citizenship. In addition, possession of an alien registration certificate
unaccompanied by proof of performance of acts whereby Philippine citizenship had been lost
is not adequate proof of loss of citizenship.