Valles Vs Comelec, G.R. No. 137000 Digested

CIRILO R. VALLES v. COMELEC, GR No.
137000, 2000-08-09
Facts:
Rosalind Ybasco Lopez was born on
1934 in
Australia
, to the spouses, Telesforo Ybasco, a Filipino citizen and... and Theresa Marquez, an
Australian. In 1949, at the age of fifteen, she left Australia and... came to settle in the
Philippines.
On
1952, she was married to... a Filipino citizen
Since then, she has continuously participated in the electoral process not only as a voter
but as a candidate, as well.
In 1992, she ran for and was elected governor of Davao Oriental. Her election was
contested by her opponent, Gil Taojo, Jr.,... alleging as ground therefor her... alleged
Australian citizenship.
However, finding no sufficient proof that respondent had renounced her Philippine
citizenship, the Commission on Elections en banc dismissed the petition... he citizenship of
private respondent was... raised as an issue when she ran for re-election as governor of
Davao Oriental in the
998 elections. Her candidacy was questioned by the herein petitioner, Cirilo Valles
COMELEC's First Division came out with a Resolution dismissing the petition
Petitioner... maintains that the private respondent is an Australian citizen, placing reliance
on the admitted facts that:
In 1988, private respondent registered herself with the Bureau of Immigration as an
Australian national and was issued Alien Certificate of Registration
On even date, she applied for the issuance of an Immigrant Certificate of Residence (ICR)
She was issued Australian Passport... on
1988.
Petitioner theorizes that under the aforestated facts and circumstances, the private
respondent had renounced her Filipino citizenship.
He contends that in her application for alien certificate of registration and immigrant
certificate of residence, private respondent... expressly declared under oath that she was a
citizen or subject of Australia; and said declaration forfeited her Philippine citizenship, and
operated to disqualify her to run for elective office.
Issues:
respondent had dual citizenship... citing Section 40 of Republic Act 7160 otherwise known
as the Local Government Code of 1991... respondent must go through the whole process of
repatriation... respondent must go through the whole process of repatriation... issue in... res
judicata
Ruling:
In order that citizenship may be lost by renunciation, such renunciation must be express.
Thus, the mere fact that private respondent Rosalind Ybasco Lopez was a holder of an
Australian passport and had an alien certificate of registration are not acts constituting an
effective renunciation of citizenship and do not militate against her claim of Filipino...
citizenship. For renunciation to effectively result in the loss of citizenship, the same must be
express.
As held by this court in the aforecited case of Aznar, an application for an alien certificate of
registration does not amount to an express... renunciation or repudiation of one's
citizenship. The application of the herein private respondent for an alien certificate of
registration, and her holding of an Australian passport, as in the case of Mercado vs.
Manzano, were mere acts of assertion of her Australian... citizenship before she effectively
renounced the same.
Thus, at the most, private respondent had dual citizenship - she was an Australian and a
Filipino, as well.
Moreover, under Commonwealth Act 63, the fact that a child of Filipino parent/s was born in
another country has not been included as a ground for losing one's Philippine citizenship.
Since private respondent did not lose or renounce her Philippine citizenship, petitioner's...
claim that respondent must go through the process of repatriation does not hold water.
petitioner's contention is untenable.
Recognizing situations... in which a Filipino citizen may, without performing any act, and as
an involuntary consequence of the conflicting laws of different countries, be also a citizen of
another state, the Court explained that dual citizenship as a disqualification must refer to
citizens with dual... allegiance.
Thus, the fact that the private respondent had dual citizenship did not automatically
disqualify her from running for a public office. Furthermore, it was ruled that for candidates
with dual citizenship, it is enough that they elect Philippine citizenship upon the filing of...
their certificate of candidacy, to terminate their status as persons with dual citizenship.
The filing of a certificate of candidacy sufficed to renounce foreign citizenship, effectively
removing any disqualification as a dual citizen.
This is so because in the certificate of candidacy, one declares that he/she is a Filipino
citizen and that he/she will support and defend the Constitution of the Philippines and will
maintain true faith and allegiance thereto. Such declaration, which is under... oath, operates
as an effective renunciation of foreign citizenship. Therefore, when the herein private
respondent filed her certificate of candidacy in 1992, such fact alone terminated her
Australian citizenship.
it is significant to note that... private respondent executed a Declaration of Renunciation of
Australian Citizenship, duly registered in the Department of Immigration and Ethnic Affairs
of Australia
And, as a result,... the Australian passport of private respondent was cancelled, as certified
to by Second Secretary Richard F. Munro of the Embassy of Australia in Manila. As aptly
appreciated by the COMELEC, the aforesaid acts were enough to settle the issue of the
alleged dual... citizenship of Rosalind Ybasco Lopez. Since her renunciation was
effective,... Petitioner is correct insofar as the general rule is concerned, i.e. the principle of
res judicata generally does not apply in cases hinging on the issue of citizenship. However,
in the case of Burca vs. Republic,... an exception to this... general rule was recognized. The
Court ruled in that case that in order that the doctrine of res judicata may be applied in
cases of citizenship, the following must be present:
1. a person's citizenship be raised as a material issue in a controversy where said
person is a party;
2. the Solicitor General or his authorized representative took active part in the
resolution thereof, and
3. the finding on citizenship is affirmed by this Court.
Principles:

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CIRILO R. VALLES v. COMELEC, GR No.

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