Question VII, Political Law, 2018 Bar Exam

The 2016 mayoralty race in the City of Ardania included Arnaldo and Anacleto as contenders.

Arnaldo filed a petition with the Comelec to cancel Anacleto's Certificate of Candidacy (CoC) for misrepresenting himself as a Filipino citizen. Arnaldo presented as evidence a copy of Anacleto's Spanish passport and a certification from the Bureau of Immigration (Bl) showing that Anacleto used the same passport several times to travel to and from Manila and Madrid or Barcelona.

In his Comment, Anacleto claimed that, a year prior to filing his CoC, he had complied with all the requirements of R.A. No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) to reacquire his Philippine citizenship by taking an oath of allegiance and executing a sworn renunciation of his Spanish citizenship. He defended the use of his Spanish passport subsequent to taking his oath of allegiance to the Philippines as a practical necessity since he had yet to obtain his Philippine passport despite reacquiring his Philippine citizenship. Even after he secured his Philippine passport, he said he had to wait for the issuance of a Schengen visa to allow him to travel to Spain to visit his wife and minor children.

(a) Based on the allegations of the parties, is there sufficient ground to cancel Anacleto's CoC? (2.5%)

(b) In case Anacleto's CoC is properly cancelled, who should serve as mayor of Ardania City: Arnaldo, who obtained the second highest number votes, or Andrea, the duly-elected Vice ...