PARILLA, MAY ANN C.

LLB 2-1

ELECTION LAW
MONDAYS/CW8

G.R. No. 180048

June 19, 2009
DE GUZMAN VS COMELEC
Facts:
Roseller de Guzman was a naturalized American. However, on January 25, 2006, he
applied for dual citizenship under RA 9225. Upon approval of his application, he took his
oath of allegiance to the Republic of the Philippines on September 6, 2006. Having
reacquired Philippine citizenship, he is entitled to exercise full civil and political rights. He
filed for his certificate of candidacy as vice-mayor of Guimba, Nueva Ecija, but he was
disqualified for failure to renounce his citizenship. Hence, he petition for certiorari with
prayer for preliminary injunction and temporary restraining order assails the June 15,
2007 Resolution of the First Division of COMELEC, disqualifying ROSELLER DE GUZMAN
from running as vice-mayor in the May 14, 2007 elections.
Issue:
Whether or not De Guzman failed to renounce his American citizenship as required under
RA 9225.
Held:
Yes. De Guzman is disqualified from running for public office in view of his failure to
renounce his American citizenship under RA 9225. The law provides that they are not
deemed to have reacquired or retained their Philippine citizenship upon taking the only
the oath of allegiance. The law also requires that the applicant must also execute an
affidavit stating above all that he is renouncing his former citizenship. In the case at bar,
De Guzman failed to comply with such. This means that De Guzman is by law a dual
citizen and can only exercise his civil and political rights vested to that kind of
citizenship. The right to run for any elective positions is not one of the political rights
included after compliance of first step of repatriation. His oath of allegiance and
certificate of candidacy did not comply with section(5)2 of RA 9225 which further
requires those seeking elective public office in the Philippines to make a personal and
sworn renunciation of foreign citizenship. Therefore, De Guzman failed to renounce his
American citizenship; as such, he is disqualified from running for vice mayor candidacy.