April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 193475 : April 17, 2012]
ELSA G. TIROL v. ROBERT T. CELOSIA AND HON. COMMISSION ON ELECTIONS
"G.R. No. 193475 (Elsa G. Tirol v. Robert T. Celosia and Hon. Commission on Elections)
RESOLUTION
After a review of the records, the Court resolves to DISMISS the instant petition for certiorari for failure of the petitioner to show that the Comelec En Banc had committed any grave abuse of discretion in holding private respondent Robert T. Celosia eligible to run for public office in the May 10, 2010 national and local elections. While he is a natural-born Filipino who became a naturalized American citizen, he subsequently re-acquired his Philippine citizenship upon compliance with the requirements of Republic Act No. 9225 or the Citizenship Retention and Re-Acquisition Act of 2003 as shown by his Oath of Allegiance to the Republic of the Philippines and Affidavit of Renunciation of American Citizenship dated September 1, 2009 executed prior to the filing of his Certificate of Candidacy on November 28, 2009.[1]
Having been validly voted for and proclaimed mayor of Buenavista, Bohol in the 2010 elections, his purported death, if true, shall give rise to the application of the rules on succession under Section 44 of the Local Government Code, to wit:
Section 44. Permanent Vacancies in the Office of the Governor, Vice-Governor, Mayor, and Vice-Mayor. � If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the governor or mayor....
x x x
x x x
For purposes of this Chapter, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.
On the other hand, the Court finds the explanation of Florido, Largo & Acu�a Law Office on its inability to submit the death certificate of Robert T. Celosia satisfactory and thus, reconsiders the Court's January 24, 2012 Resolution ordering it to pay a fine of P2,000.00 within ten (10) days from notice thereof, or to suffer five (5)-days imprisonment for its failure to submit credible proof of Celosia's supposed demise."cralaw
Very truly yours,
ENRIQUETA E. VIDAL
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Deputy Clerk of Court En Banc
Endnotes:
[1] See Roseller De Guzman v. Commission on Elections and Angelina DG. Dela Cruz, G.R. No. 180048, June 19, 2009, 590 SCRA 149-160.