Court of Appeals rules against Tan's Quezon City Congress bid

MANILA, Philippines - The Court of Appeals has disqualified a daughter of business tycoon Lucio Tan in the congressional race in the first district of Quezon City over questions on her nationality.

The eighth division of CA ruled that Vivienne Tan is not qualified to join the elections on May 10, or even vote because she was not yet a Filipino citizen when she filed her certificate of candidacy.

In effect, the five-man division told the Commission on Elections (Comelec) to exclude her from the voter’s list of Precinct 0853-A of Barangay Sto. Domingo.

The appellate court reversed an earlier decision of Judge Jean Paul Inting of the QC Regional Trial Court Branch 95 and instead reinstated the the decision of Judge Augustus Diaz of the QC Metropolitan Trial Court (MeTC).

In a 20-page decision penned by Associate Justice Normandie Pizarro, the CA granted the petition filed by Tan’s rival, Vincent “Bingbong” Crisologo.

“All told, the element of excess of jurisdiction is present at bench since the act of respondent RTC of ignoring plain, simple and obvious provisions of our laws is not a mere error of judgment but a gross application of the law, which amounts to grave abuse of discretion,” the CA stated. Associate Justices Amelita Tolentino, Ramon Bato Jr., Mario Lopez and Ruben Ayson concurred in the ruling.

The CA decision said Tan’s application for voter on Oct. 26, 2009 and its acceptance by the Comelec was invalid because she was not yet a Filipino citizen at that time. “Prior to Nov. 30, 2009, Tan was a naturalized American citizen and thus, cannot be deemed as a Filipino citizen residing in the Philippines,” the appellate court declared.

Citizenship

Court records showed that Tan, 42-year-old daughter of Lucio Tan and Carmen Khao, lost her citizenship as a Filipino when she became a naturalized American citizen on Jan. 19, 1993.

She stayed in the United States to finish her college studies and opened a business.

Intent on running for a congressional seat in QC, Tan registered as a voter on Oct. 26, 2009 but did not take her Oath of Allegiance to the Philippines, which is a vital requisite for a Filipino to re-acquire lost citizenship as provided by RA 9225 or the Dual Citizenship Act.

She only complied with the provisions of the law, which included renouncing her American citizenship, a day before she filed her certificate of candidacy on Dec. 1, 2009.

Tan insisted that she already renounced American citizenship in 1996 when she started to live permanently in the Philippines.

She took employment with the family-owned Philippine Airlines and in 2000, established the Thames International School Greenhills Inc.

Congress bid

But Tan yesterday said she will conti-nue her congressional bid despite a Court of Appeals reversal of an earlier court decision on her citizenship.

The CA decision was not unanimous as Justice Ruben Ayson issued a dissenting opinion against the ordered exclusion of Tan from the voter’s list. 

Her lawyers said the CA decision is subject to appeal at the Supreme Court. What stands until the Supreme Court speaks is the decision of the RTC that she is a registered voter and qualified to run for Congress.

Tan’s lawyers were surprised that the CA reversed an RTC decision that dismissed the petition filed by incumbent congressman Bingbong Crisologo questioning Tan’s citizenship and residency.

Lawyer Christian Robert Lim said the CA ruling is “much akin to making the dead rise again.” Lim said the RTC decision has already become final and executory.

The CA based its decision on two grounds: Tan was deemed only a Filipino citizen on Nov. 30, 2009 when she took her oath of allegiance, hence, her application for registration made on Oct. 26, 2009 cannot be deemed cured or valid; and while the Court has acknowledged that Tan has been residing in the Philippines since 1996, it added a requirement not found in existing law and jurisprudence that she must have resided as a pure Filipino citizen.

“It is clear that the Court of Appeals have disregarded clear provisions of Republic Act No. 9225,” Lim said. RA 9225 pertains to dual citizenship. By its decision, Lim said the CA “amended RA 9225 by making the effects of reacquisition of citizenship not retroactive.”