ISSUE 1:

Based on the facts of the case, it is not clear whether Agustin Tan is eligible for the position of mayor of
the Municipality of Bacong, as on the other hand, the COMELEC En Banc cancelled and denied due
course to Agustin Tan's CoC, citing the failure to provide a copy of the Oath of Allegiance, which is one of
the requirements for candidacy. On the other hand, Agustin Tan claims that he had renounced his US
citizenship and attached an Affidavit of Renunciation as proof. However, the COMELEC did not specify
whether the renunciation of citizenship was sufficient to reverse the earlier cancellation of his CoC.

Furthermore, the issue of residency is also disputed, as Lorenz Alar alleges that Agustin Tan failed to
meet the requirement of being a resident of the municipality of Bacong for 25 years, while Agustin Tan
contends that residency and citizenship are separate requirements and that his travel to Hawaii for
business purposes did not violate the residency requirement.

In these circumstances, it is difficult to determine whether Agustin Tan is eligible for the position of
mayor of the municipality of Bacong without further information and clarification from the relevant
authorities.

ISSUE 2:
The legality of Alar's claim that he is the rightful occupant of the contested elective position is also in
question. As Agustin Tan's CoC was cancelled and denied due course, it is uncertain whether he was
properly disqualified as a candidate, which would necessarily determine whether his subsequent
proclamation as the duly elected mayor was valid or not.

In any case, this issue is a matter of electoral law and must be resolved through the appropriate legal
channels, such as contested election proceedings or a petition for declaration of victory.

DEFINITION OF THE CRIME:

The crime alleged in this case is electoral fraud, specifically false authentication, which is a form of
fraudulent misrepresentation made in an official election process.

False authentication occurs when a candidate makes a false statement or misrepresentation knowing it
to be false with the intent to mislead or deceive the electorate or the election commission. In this case,
Agustin Tan allegedly made a false statement in his certificate of candidacy by claiming that he was a
resident of the Municipality of Bacong for 25 years, despite having registered as a voter in the
municipality only in May 2018, and by attaching an Affidavit of Renunciation of citizenship rather than a
copy of his Oath of Allegiance.

This false statement regarding residency and citizenship constitutes a material misrepresentation that is
important in determining the candidate's eligibility for the office he was seeking to be elected to. By
making such a statement, Agustin Tan may have intended to mislead the electorate and the election
commission into believing that he met the residency and citizenship requirements for the election,
which would have affected the outcome of the election in his favor.
LEGAL BASIS:

The legal basis for the decision of THE COMMISSION ON ELECTIONS (COMELEC) En Banc to cancel and
deny due course to the certificate of candidacy (CoC) of Agustin Tan is Section 13, Article XIV of the
1987 Philippine Constitution, which states:

"No person shall be eligible for election as President or Vice-President unless he is a natural-born citizen
of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such election."

By declaring that he was a natural-born Filipino citizen and had been a resident of the municipality of
Bacong for 25 years in his CoC, Agustin Tan may have made a material misrepresentation to the
COMELEC since he may not have met the citizenship and residency requirements for the office he was
seeking to be elected to.

Furthermore, Alar's allegations regarding the use of Tan's USA passport despite his renunciation of US
citizenship and his failure to present a copy of his Oath of Allegiance provided additional reasonable
grounds for the COMELEC to question the veracity of Agustin Tan's CoC.

Accordingly, the COMELEC's decision to cancel and deny due course to Agustin Tan's CoC is legally
permissible under the above-cited constitutional provision and the powers granted to the COMELEC by
law to enforce compliance with the elections rules and regulations.

PENALTY OF THE CRIME:

The crime of false authentication in an official election process is punishable under Section 261 of the
Philippines Penal Code, which states that:

"Any person who, in an official capacity, by whatsoever title, or in the performance of a function
inherent in, or assigned to his or her office, makes or issues a false or tampered public document shall
suffer the penalty of imprisonment ranging from six months and one day to four years, or a fine ranging
from 5,000 pesos to 20,000 pesos, or both such imprisonment and fine."

The specific offense of false authentication of a public document is committed when a person
deliberately falsifies or tampers with a document that is meant for official use with the intent to deceive
the public or gain some unfair advantage. In the case of Agustin Tan, his declaration in his CoC that he
had been a resident of the Municipality of Bacong for 25 years despite having registered as a voter only
in May 2018 and his failure to present a copy of his Oath of Allegiance may have constituted a material
misrepresentation that could have resulted in an unfair advantage in the election.

Therefore, Agustin Tan could potentially be liable for the crime of false authentication in an official
election process and may be penalized with imprisonment.