Download - Elec Digest Valles and Labo

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VALLES vs COMELECFACTS: Rosalind Lopez was born on May 16, 1934 in Western Australia, to the spouses, Telesforo bas!o, a "ilipino !itizen and nati#e of $aet, %a&arines 'orte, and Theresa Mar(uez, an Australian) *n 1949, at the a+e of fifteen, she left Australia and !a&e to settle in the ,hilippines)*n 19-., she was &arried to Leopoldo Lopez, a "ilipino !itizen) /in!e then, she has !ontinuously parti!ipated in the ele!toral pro!ess not only as a #oter but as a !andidate, as well) /he ser#ed as ,ro#in!ial 0oard Me&ber of the /an++unian+ ,anlalawi+an of $a#ao 1riental) *n 199., she ran for and was ele!ted +o#ernor of $a#ao 1riental)/ubse(uently, se#eral other petitions were filed a+ainst Lopez, all of the& (uestionin+ her !itizenship) 1ne of these petitions were filed by herein petitioner, 2alles)3owe#er li4e all the other petitions, this was dis&issed on based on the followin+ +rounds5 1) 3er father, Telesforo bas!o, is a "ilipino !itizen, and by #irtue of the prin!iple of jus sanguinis she was a "ilipino !itizen under the 1967 ,hilippine %onstitution8 .) /he was &arried to a "ilipino, thereby &a4in+ her also a "ilipino !itizen ipso jure under /e!tion4 of %o&&onwealth A!t 47383) And that, she renoun!ed her Australian !itizenship on 9anuary 1-, 199. before the $epart&entof *&&i+ration and :thni! Affairs of Australia and her Australian passport was a!!ordin+ly !an!elled as !ertified to by the Australian :&bassy in Manila8,etitioner, on the other hand, &aintains that the pri#ate respondent is an Australian !itizen, pla!in+ relian!e on the ad&itted fa!ts that51) *n 1966, pri#ate respondent re+istered herself with the 0ureau of *&&i+ration as an Australian national.) /he applied for the issuan!e of an *&&i+rant %ertifi!ate of Residen!e ;*%R