Mancenido v ca grno118605apr122000 q state the rule

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Unformatted text preview: t, as of the time he is proclaimed and at the start of the term of office to which he has been elected. The LGC does not specify any particular date or time when the candidate must possess citizenship, unlike the requirements for residence and age. Repatriation under PD 825 is valid and effective and retroacts to the date of the application. (Frivaldo v. COMELEC, G.R. No. 120295, June 28, 1996) Note: Filing of certificate of candidacy is sufficient to renounce foreign citizenship. However the Court ruling has been superseded by the enactment of R.A. No. 9225 in 2003. R.A. No. 9225 Sec. 5 expressly provides for the conditions before those who re‐ acquired Filipino citizenship may run for a public office in the Philippines. (Lopez v. COMELEC, G.R. No. 182701, June 23, 2008) Upon repatriation, a former natural‐born Filipino is deemed to have recovered his original status as a natural‐born citizen. (Bengzon III v. HRET, GR 142840 May 7, 2001) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 203 UST GOLDEN NOTES 2011 Q: X was a natural‐born Filipino who went to the USA to work and subsequently became a naturalized American citizen. However, prior to filing his Certificate of Candidacy for the Office of Mayor of the Municipality of General Macarthur, Eastern Samar, on 28 March 2007, he applied for reacquisition of his Philippine Citizenship. Such application was subsequently granted. Y filed a petition to disqualify X on the ground of failure to comply with the 1‐year residency requirement. Y argues that reacquisition of Philippine citizenship, by itself, does not automatically result in making X a resident of the locality. Is Y correct? A: Yes. X’s reacquisition of his Philippine citizenship under R.A. No. 9225 had no automatic impact or effect on his residence/domicile. He cou...
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