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Arnado vs. Commission on Election and Capitan [CONCURRING OPINION, SERENO, CJ]

ROMMEL C. ARNADO, PETITIONER, VS. COMMISSION ON ELECTIONS AND FLORANTE CAPITAN, RESPONDENTS.

G.R. No. 210164 | 2015-08-18

CONCURRING OPINION


SERENO, CJ:

In Moy Ya Lim Yao v. Commissioner of Immigration,[1] we emphasized the variable nature of a person's citizenship, which cannot be determined with finality or become the basis of rules that can be applied to any and all proceedings thereafter. We said:
 
Everytime the citizenship of a person is material or indispensable in a judicial or administrative case, whatever the corresponding court or administrative authority decides therein as to such citizenship is generally not considered as res adjudicata, hence it has to be threshed out again and again as the occasion may demand.[2]

In election contests, this...