AZNAR vs COMELEC

JOSE AZNAR vs COMELEC and Emilio Mario Renner Osmeña

G.R. No. 83820 25 May 1990 –Political Law-Citizenship

FACTS: On 19 November 1987, private respondent filed his certification of candidacy with the
COMELEC for the position of Governor of Cebu. Petitioner filed with the COMELEC a petition for
disqualification of Osmeña on the ground that he is allegedly not a Filipino citizen.

In 27 January 1988, Petitioner filed a Formal Manifestation submitting a certificate issued by

the then Immigration and Deportation Commission that Osmeña is an American Citizen. According
to the evidence presented, Osmeña maintained that he is a Filipino Citizen, that he is a legitimate
son of Emilio Osmeña, a Filipino and son of the Late President Sergio Osmeña Sr., that he is a
holder of a valid and subsisting Philippine passport and been continuously residing in the
Philippines since birth and that he has been a registered voter in the Philippines.

COMELEC dismissed the petition for Disqualification for not having been timingly filed and for
lack of sufficient proof that private respondent is not s Filipino citizen and Osmeña was proclaim of
winning candidates for obtaining the highest number of votes.

ISSUE: Whether or not Osmeña remains a Filipino and loss of his Philippine Citizenship cannot be
presumed.

HELD: Yes, Petitioner failed to present direct proof that Osmeña had lost his Filipino Citizenship by
any of the modes provided for under C.A. No. 63 these are :

1. By naturalization in foreign country;

2. By express renunciation of Citizenship; and

3. By subscribing to an oath of allegiance to support the Constitution or Law of the foreign country.

The evidence clearly shows that Osmeña did not lose his Philippine citizenship by any of the
three (3) mentioned hereinaboved or any other modes of losing Philippine citizenship.

The 1987 Constitution, Article IV, Section 5 states “Dual allegiance of citizens is iniminical to
the national interest and shall be dealt with by law” has no retroactive effect.

The petition for certiorari DISMISSED and the Resolution of the COMELEC is hereby AFFIRMED.