Candidates' citizenship: Aznar vs. Osmeña

The number one requirement to qualify as a bona-fide candidate for any public office in the Philippines, from kagawad to president is citizenship. That is why the suspended mayor of Bamban, Tarlac, may not be able to return to her post, or run again, if and when her citizenship is proven to be Chinese. This legal and political monstrosity couldn’t have happened had our laws and regulations not allowed late registration.

Before the filing of certificates of candidacy for both the local polls and for the national offices of senators and members of the House of Representatives, this column, as our public service, deems it apropos to deal with election cases on issues related to citizenship, residency, and other qualifying requirements. In the case of Jose Aznar versus Comelec and Lito Osmeña, GR 83820, the Supreme Court en banc, discussed the matter. On January 22, 1988, the Cebu chapter of PDP-Laban, headed by a scion of the family that used to own Southwestern University, Atty. Jose Aznar, questioned the citizenship of Lito Osmeña who was running for Cebu governor. Aznar alleged that Osmeña was a US citizen.

Aznar presented a certification issued by then Immigration Commissioner Miriam Defensor Santiago declaring that Osmeña was a holder of an Alien Certificate of Registration issued on March 27, 1958 and an Immigrant Certificate of Residence issued on March 28, 1958. He also filed a Supplemental Urgent ex-parte Motion for the issuance of a Temporary Restraining Order to prohibit the Cebu Provincial Board of Canvassers from tabulating and canvassing Osmeña’s votes and to prevent his ultimate proclamation if and when he wins the election. On January 28, 1988, the Comelec en banc issued an order to continue the canvassing but to hold the proclamation.

In the hearing, Lito Osmeña maintained that he was a Filipino citizen, being the legitimate son of Dr. Emilio Osmeña, one of the children of the late Philippine president Don Sergio Osmeña Sr., that he is a holder of a Philippine passport issued in 1987. He was continuously residing in the Philippines since birth and has never been out of the country for more than six months. He also alleged that he had been a registered voter of the Philippines since 1965. On March 3, 1988, the Comelec ordered that Lito Osmeña be proclaimed having won the election for Cebu governor. On June 11, 1988, the Comelec also dismissed the petition to disqualify Osmeña. Aznar and PDP-Laban went to the Supreme Court seeking reversal of those decisions, alleging that the Comelec was guilty of grave abuse of discretion.

The Supreme Court ruled in favor of Osmeña and against Aznar and PDP-Laban. The reason was technicality. The petition was filed out of time. The procedure violated the Omnibus Election Code then applicable, BP 881. Besides, the Supreme Court held that Aznar and PDP-Laban failed to submit substantial evidence to justify disqualification. The cases of Juan Frivaldo of Sorsogon and of Jun Labo of Baguio were deemed not applicable. Frivaldo admitted that he took his oath as US citizen and Labo admitted that he was naturalized as an Australian citizen after he married an Australian. Lito Osmeña vehemently denied having taken an oath of allegiance to America.

With due respect, I agree with the dissenting opinion of Justice Teodoro Padilla that the Alien Certificate of Registration was substantial evidence showing Osmeña was not a Filipino citizen. I also concur with the dissent of Justice Ameurfina Melencio-Herrera that Osmeña made a choice to become an alien both in 1958 and in 1979. I also agree with the dissenting opinion of Justice Isagani Cruz, a constitutionalist and famous author, professor, and Bar reviewer. Another learned justice, Hugo Gutierrez, also dissented. Justice Paras wrote the majority opinion supported by Justices Narvasa, Bidin, Grino-Aquino, Medialdea, Regalado, Sarmiento, Feliciano, and Cortes. Justice Gancayco was on leave and Chief Justice Marcelo B. Fernan inhibited himself due to his association with the Osmeñas. In fairness, the majority justices were also Bar topnotchers, law deans, and prolific authors.

At the end of the day, the voice of the people of Cebu prevailed. The late Lito Osmeña turned out to have been one of our best governors ever. By the way, Lito was the brother of the more colorful Sonny Osmeña, former congressman, city mayor, senator for multiple terms, and city mayor of Toledo City before he died. The scions of Don Sergio have served Cebu well but Cebuanos have a short memory, they seem to easily forget.