Disqualification case filed vs Kalinga gubernatorial bet

Comelec charge says Claver is dual US and Filipino citizen 

TABUK, Kalinga – Politics is heating up in Kalinga with a petition filed with the Commission on Elections to disqualify gubernatorial bet Gregory Farnaw A. Claver for being a “dual citizen of the Philippines and the United States of America.

The petition, filed by Henry B. Gupaal of Pinukpuk, Kalinga, urged the Comelec to disqualify Claver from running for the May 9 national and local elections this year. “Respondent’s (Claver) name should not be printed in the official list of candidates for governor of Kalinga and in official ballots for said province,” the petition said. 

The petition said records show while Claver was in the US starting December 2004, he joined the US Army in September 2005. “As required by the service in the US Army, respondent became a naturalized US citizen on Feb. 28, 2007.” 

“On Sept. 5, 2012, respondent (Claver) reverted back to his Filipino citizenship by becoming a dual citizen under Republic Act 9225. On Oct. 5, 2012, respondent filed his certificate of candidacy (COC) for vice governor of Kalinga in May 13, 2013 for the national and local elections. On said date of Oct 5. 2012, respondent executed his affidavit of renunciation of foreign citizenship, subscribed and sworn to before Provincial Prosecutor Bartolome A. Gamonnac.”

In his affidavit, Claver said he was naturalized as American citizen on Feb. 28, 2007. “I have however considered myself a resident of Tabuk, Kalinga, Philippines as shown by the fact that I was in the Philippines on July 5 to July 20, 2007, June 24 to July 31, 2009, April-May 2010, June-July 2011, Dec. 2011- Jan. 2012, June-July 2012 and that I came home to Tabuk City on Sept. 17, 2012 and have been here to the present,” Claver said.

He added he exercised his right as registered voter of Tabuk, maintained his business if GFC (G. Farnaw A. Claver) Trading based in Tabuk and paid business tax and licenses for the purpose.  

“I took my oath as dual citizen of the Republic of the Philippines pursuant to RA 9225 on Sept. 5, 2012. I renounce under oath my American citizenship and revert to Philippine citizenship and as such, I owe no other allegiance but to the Philippine flag,” Claver stated.

On Aug. 2, 2013, the Comelec En Banc in “Allen Jesse C. Mangaoangvs Gregory Farnaw A. Claver resolved to deny due course to or cancel

Claver’s COC, saying it failed to comply with the one-year residency requirement. Comelec Commissioner Christian Robert Lim, who concurred with the results, said the case became “moot and academic in light of respondent’s (Claver) defeat” to Mangaoang.

Mangoang is now vice governor but filed his COC to run for Congress for the coming May elections.

In his petition to disqualify Claver from running as governor of Kalinga for the May elections, Gupaal said “Section 40(d) of Republic Act 7160 otherwise known as the “Local Government Code of the Philippines disqualifies the respondent (Claver) as “those with dual citizenship” cannot run for public office.

“The rationale behind this disqualification is that the Constitution itself condemns in no uncertain terms the “dual allegiance of citizens as inimical to the national interest,” as provided for under, “Article IV, Section 5, Philippine Constitution),” Gupaal said in his petition.

He cited in the most recent case of Arnado vs. Comelec, GR. No. 210164, Aug 18, 2015, the Supreme Court declared “Congress enacted RA 9225 allowing natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization abroad to reacquire Philippine citizen ship and to enjoy full civil and political rights upon compliance with requirement of the law.”

The SC said “They may now run for public office in the Philippines provided they meet qualifications of holding such public office as required by the Constitution and existing laws and make a personal and sworn renunciation of any and all foreign citizenships before any public officer authorized to administer an oath prior to or at the time of filing of the COC.”

Gupaal, in his petition however, said respondent’s (Claver’s) first affidavit of renunciation of foreign citizenship to support his COC for the May 13, 2013 elections was subscribed and sworn to before a public officer authorized to administer an oath as required by RA 9225, Provincial Prosecutor Bartolome A. Gamonnac. However, respondent’s second affidavit of renunciation of foreign citizenship dated Oct. 15, 2015 attached to his COC for the May 9, 2016 elections was subscribed and sworn to not before a public officer authorized to administer an oath, but before Notary Public Daniel B. Dapeg.”

“Petitioner posits that his fatal flaw which renders the said affidavit without any legal force and effect a mere scrap of paper. Respondent has not legally renounced his American citizenship and remained a dual citizen. Perforce, he is disqualified to run for any elective local position as mandated by Sec. 40 (d) of the LGC.”

Gupaal said Claver’s two affidavits of renunciation were not acted upon and approved by the US government.

He added,Claver had also been travelling to the US with seven departures and seven arrivals using his US passport after his alleged renunciation on Oct. 5, 2012.

 “By traveling to and from the USA on several occasions as admitted by the respondent himself,, and as may be shown by travel records in the Bureau of Immigration, after Oct. 5 2012 when he filed his first affidavit of renunciation of foreign citizenship, respondent has effectively recanted his affidavit of renunciation under oath, and continues and remains a dual citizen. Thus, respondent (Claver) is disqualified to run for governor in the May 9, 2016 elections pursuant to Sec. 40 (d) of the LGC,” Gupaal said in his petition.