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Cordora vs ComelecCarpio, J:

FACTS:Cordora filed a complaint affidavit before Comelec law department against Tambuntingasserting that Gustavo Tambuntingmade false assertion in his certificate of candidacy byclaiming that atural !orn Filipino and resident before the election in "##$and "##%& Cordora

alleged that Tambunting was not eligible to run for local public office because Tambunting lac'edthere(uired citi)enship and residency re(uirements&Cordora presented a certification from the!ureau of *mmigration which statedthat, in two instances, Tambunting claimed that he is an

American: upon arrival in the +hilippines on $ -ecember "### andupon departure from the+hilippines on $. June "##$& According to Cordora, these travel dates confirmed thatTambuntingac(uired American citi)enship through naturali)ation in /onolulu, /awaii on "-ecember "###&Tambunting, on the other hand,maintained that he didnot ma'e any misrepresentation in his certificates of candidacy& To refute Cordora0s claim thatTambunting is not a natural1born Filipino, Tambunting presented a copy of his birth certificatewhich showed that he was born ofa Filipino mother and an American father& Tambunting furtherdenied that he was naturali)ed as an American citi)en& Thecertificate of citi)enship conferred by the 2S government after Tambunting0s father petitioned

him through *S Form *1$3#4+etition for 5elative6 merely confirmed Tambunting0s citi)enship which he ac(uired at birth& Tambunting0s possession of an

American passport did not mean that Tambunting is not a Filipino citi)en& Tambunting also too'an oath of allegiance on $7ovember "##3 pursuant to 5epublic Act o& 8""9 45&A& o& 8""96,or the Citi)enship 5etention and 5eac(uisition Act of "##3&The Comelec law departmentrecommended the dismissal of complaint because it failed to substantiate the charges&TheC;

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citi)enship prior to the filing of his certificate of candidacy before the "##$elections& The fact thatTambunting had dual citi)enship did not dis(ualify him from running for public office&Dual citizenshipis involuntary and arises when, as a result of the concurrent application of the different laws oftwo or morestates, a person is simultaneously considered a national by the said states& Thus,li'e any other natural1born Filipino, it isenough for a person with dual citi)enship who see's

public office to file his certificate of candidacy and swear to the oath ofallegiance containedtherein&Dual allegiance, on the other hand, is brought about by the individual0s active participation in thenaturali)ation process&

AASJS

states that,

under 5&A& o& 8""9, a Filipino who becomes a naturali)ed citi)en of another countryis allowedto retain his Filipino citi)enship by swearing to the supreme authority of the 5epublic of the+hilippines& The act ofta'ing an oath of allegiance is an implicit renunciation of a naturali)ed citi)en0s foreign

citi)enship