Saturday, February 04, 2012

Aznar vs .COMELEC

Facts: Aznar filed a petition for certiorari to review COMELEC resolution proclaiming Osmena as the Cebu Governor. He alleged that Osmena is an American thus disqualified to run in the 1988 election. He presented evidence. Osmena claimed that he is a Filipino.

Whether or not Osmena is an American thus disqualified to run in the elections

Held: No . No substantial & convincing evidence presented to prove Osmena is no longer a Filipino citizen & disqualified from running. Filipino citizenship is lost by naturalization in a foreign country or by express renunciation of citizenship or by subscribing to an oath of allegiance to support another country’s constitution or laws (CA No. 63). No proof Osmena did any of those. Aznar assumed that the ACR & permit to re-enter were proof of such. However, only RP courts are allowed to determine whether one is a Filipino citizen or not, regardless of whether that person is considered an American under US laws. His father is Filipino thus, without proof to the contrary, the presumption that he is a Filipino remains.

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