April 2016 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 216607, April 05, 2016 - ARLENE LLENA EMPAYNADO CHUA, Petitioner, v. COMMISSION ON ELECTIONS, IMELDA E. FRAGATA, AND KRYSTLE MARIE C. BACANI, Respondents.
EN BANC
G.R. No. 216607, April 05, 2016
ARLENE LLENA EMPAYNADO CHUA, Petitioner, v. COMMISSION ON ELECTIONS, IMELDA E. FRAGATA, AND KRYSTLE MARIE C. BACANI, Respondents.
D E C I S I O N
LEONEN, J.:
Dual citizens are disqualified from running for any elective local position. They cannot successfully run and assume office because their ineligibility is inherent in them, existing prior to the filing of their certificates of candidacy. Their certificates of candidacy are void ab initio, and votes cast for them will be disregarded. Consequently, whoever gamers the next highest number of votes among the eligible candidates is the person legally entitled to the position.
This resolves a Petition for Certiorari and Prohibition1 assailing the Commission on Elections Resolutions dated October 17, 20132 and January 30, 2015.3 The Commission on Elections annulled the "proclamation of... Arlene Llena Empaynado Chua as Councilor for the Fourth District of Manila[,]"4 and directed the Board of Canvassers to reconvene and proclaim Krystle Marie C. Bacani (Bacani) as Councilor for having garnered the next highest number of votes.5
On October 3, 2012, Arlene Llena Empaynado Chua (Chua) filed her Certificate of Candidacy6 for Councilor for the Fourth District of Manila during the May 13, 2013 National and Local Elections. The Fourth District of Manila is entitled to six (6) seats in the Sangguniang Panlungsod.7
After the conduct of elections, Chua garnered the sixth highest number of votes.8 She was proclaimed by the Board of Canvassers on May 15, 2013.9
On the date of Chua's proclamation, however, Imelda E. Fragata . (Fragata) filed a Petition10 captioned as a "petition to declare [Chua] as a nuisance candidate"11 and "to deny due course and/or cancel [Chua's] Certificate of Candidacy."12 Fragata was allegedly a registered voter in the Fourth District13 who claimed that Chua was unqualified to run for Councilor on two grounds: Chua was not a Filipino citizen, and she was a permanent resident of the United States of America.14 Fragata specifically alleged the following in her Petition:
3. [Chua] is not a Filipino Citizen.
4. Prior to the filing of her candidacy, [Chua] has been living in the United States of America (USA) for at least 33 years.
5. [Chua] is an immigrant and was validly issued a Green Card by the Government of the USA.
6. She resided and continues to reside [in Georgia, USA].
7. [Chua] has been a Registered Professional Nurse in the State of Georgia, USA since November 17, 1990.
8. ... [Chua's] Professional License in the USA is still to expire in 31 January 2014.15
The last paragraph of the Petition prayed that Chua "be disqualified as a candidate for the position of councilor in the Fourth District of the City of Manila[.]"16
Answering the Petition, Chua contended that she was a natural-born Filipino, born to Filipino parents in Cabanatuan City, Nueva Ecija.17 With respect to her residency, Chua alleged that she had been residing in Sampaloc, Manila since 200818 and had more than complied with the one-year period required to run for Councilor.19
According to Chua, Fragata's Petition was belatedly filed,20 whether it was treated as one for declaration of a nuisance candidate21 or for denial of due course or cancellation of certificate of candidacy.22 Fragata filed her Petition on May 15, 2013, which was beyond five (5) days from October 5, 2012, the last day of the filing of certificates of candidacy.23 The Petition was also filed beyond 25 days from October 3, 2012,24 the date Chua filed her Certificate of Candidacy.25cralawred
Chua stressed that she had already been proclaimed on May 15, 2013, the same date that Fragata filed her Petition; hence, Fragata's proper remedy was to file a petition for quo warranto26 under Section 253 of the Omnibus Election Code. Chua prayed that the Commission dismiss Fragata's Petition.27cralawred
On June 19, 2013, Bacani filed a Motion to Intervene with Manifestation and Motion to Annul Proclamation.28 Bacani alleged that she likewise ran for Councilor in the Fourth District of Manila, and that after the canvassing of votes, she ranked seventh among all the candidates, next to Chua.29 Should Chua be disqualified, Bacani claimed that she should be proclaimed Councilor30 following this Court's ruling in Maquiling v. Commission on Elections.31
Bacani argued that Chua, being a dual citizen, was unqualified to run for Councilor.32 Based on an Order of the Bureau of Immigration, Chua was allegedly naturalized as an American citizen on December 7, 1977.33 She was issued an American passport34 on July 14, 2006.
Chua took an Oath of Allegiance to the Republic of the Philippines on September 21, 2011.35 Nonetheless, Chua allegedly continued on using her
American passport, specifically on the following dates:
October 16, 2012