For over a decade now, the Cua family has been the target of several cases questioning their citizenship, particularly that of businessmen-turned-politicians Joseph and Peter.
In 2012, his rivals filed a petition with COMELEC to deny due course to and cancel the Certificate of Candidacy of then reelectionist governor Joseph Cua.
Although the petition was dismissed in 2013 before the elections, the issue generated enough controversy that Cua suffered defeat at the hands of Araceli Wong.
On the same year, the Bureau of Immigration dismissed an immigration fraud and deportation case against Cua, ruling that the Certificate of Naturalization issued to him remains valid unless declared invalid by competent authority.
In 2014, the COMELEC en banc ruled with finality that there was enough evidence on record to support the claim of the former governor that he is a Filipino and that the remedies of the petitioner in assailing his citizenship lie elsewhere.
Also on the same year, the Regional Trial Court Branch 45 in Manila dismissed a civil suit filed by a certain individual, backed by Wong lawyers, that sought the nullification of the naturalization papers of the entire Cua family on allegations of fraud and irregularities.
In junking the petition on grounds of lack of jurisdiction, failure to state course of action and violation of the rules on forum shopping, the BI stated that the petition should have been filed before the Special Committee on Naturalization which has jurisdiction over the same.
Ten years later, here comes another set of political rivals filing the same petitions with COMELEC against the Cua brothers, using the same, tired old issue of purported Chinese citizenship.
The first, against then Vice Gov. Peter Cua, was dismissed by the COMELEC First Division composed of Commissioners Aimee Ferolino, Ma. Norina Tangaro-Casingal and Ernesto Ferdinand Maceda Jr., during the campaign period.
It cited Peter’s Certificate of Naturalization as substantial evidence of his status as Filipino citizen, stressin that non-compliance with the citizenship requirement is not a ground for disqualification of a candidate.
Three months after this, the same division and two of the three commissioners voted to disregard Joseph Cua’s naturalization and identification certificates “in the absence of further evidence that satisfactorily prove Respondent’s Filipino citizenship.”
The ruling said Cua’s refusal or neglect to record his naturalization in the civil register was a substantial matter that merits his disqualification.
Why the two commissioners changed their minds about the naturalization certificate as prima facie evidence of the former governor’s Filipino citizenship or their opinion that non-compliance with the citizenship requirement is not a ground for disqualification of a candidate, only they know.
As both the COMELEC and the immigration bureau had suggested in the previous rulings, the petitions should have been filed with the Special Committee on Naturalization (SCN).
An office under the Office of the Solicitor General, the SCN is chaired by the SolGen, with the Secretary of Foreign Affairs or a designated representative, and the National Security Adviser, as members.
Pursuant to Republic Act No. 9139 (RA No. 9139), otherwise known as “The Administrative Naturalization Law of 2000,” the committee has the power to approve, deny or reject applications for naturalization; administer the oath of allegiance; issue the Certificate of Naturalization; cancel the Certificate of Naturalization; and promulgate rules and regulations for the proper implementation of RA No. 9139.
If their purpose was to assail the Cuas’ citizenship and not just to defeat them during elections, their opponents could have decided to seek redress from the SCN but they did not.
Perhaps, to address once and for all the still unfounded accusations of fraud, someone or the Cua brothers themselves should seek clarification from the SCN on the validity of their papers and lay this issue to rest permanently.