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G.R. No.

176947 February 19, 2009


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

FACTS:

Gustavo S. Tambunting submitted his certificate of candidacy to the Commission on Elections (COMELEC)
for the 2001 elections. In his COC, he stated that he was a natural born Filipino citizen and that he has been
a resident of the Philippines for 36 years and a resident in the constituency in which he sought to run for
25 years.

Gaudencio M. Cordora accused Tambunting of committing an electoral offense, stating that the latter was
not eligible to run for public office due to a lack of the citizenship and residency requirements stipulated in
Section 74 of the Omnibus Election Code. Furthermore, Cordora presented certifications from the Bureau
of Immigration showing that Tambunting twice claimed that he was an American citizen.

Meanwhile Tambunting maintained that he was in fact not in violation of the said provision. He presented
his birth certificate, showing that he was born of a Filipino mother and an American father. He further
denied that he was naturalized as an American citizen and that his certificate of citizenship was conferred
unto him by the INS Form I-130. Furthermore, Tambunting maintained that his possession of an American
passport did not mean that he was not a Filipino citizen. In fact, Tambunting even took an Oath of Allegiance
pursuant to RA No. 9225 or the Citizenship Retention and Reacquisition Act of 2003.

The COMELEC found the allegations lacking and dismissed the petition.

ISSUE:

Whether or not Tambunting made untruthful statements in his certificate of candidacy.

RULING:

NO. The court finds no merit in the petition, considering that the COMELEC did not act in grave abuse of
discretion in dismissing the case for lack of probable cause to hold Tambunting for trial.

APPLICATION:

The court believes in the COMELEC’s observation that Tambunting possesses dual citizenship. Because of
the circumstances of his birth, it was no longer necessary for Tambunting to undergo the naturalization
process to acquire American citizenship. The process involved in INS Form I-130 only served to confirm
the American citizenship which Tambunting acquired at birth.
With regards to Tambunting’s residency requirement, the Court holds that the requirements for such are
the fact that the person is residing in a fixed place with the intention to remain there permanently and is
not dependent upon citizenship, contrary to the allegations by Cordora.

The court holds that Cordora 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.

LAWS:

RA No. 9225 or the "Citizenship Retention and Re-acquisition Act of 2003"

Section 2. Declaration of Policy. It is hereby declared the policy of the State that all Philippine citizens of
another country shall be deemed not to have lost their Philippine citizenship under the conditions of this
Act.

Section 3. Retention of Philippine Citizenship. Any provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby
deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the
Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of
the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted
authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of
the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon
myself voluntarily without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign
country shall retain their Philippine citizenship upon taking the aforesaid oath.

Article IV, Constitution of the Philippines

Section 1. The following are citizens of the Philippines:


[1] Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.

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