MERCADO VS. MANZANO [307 SCRA 630; G.R. NO.

135083; 26 MAY 1999] Wednesday, February 18, 2009 Posted by Coffeeholic

Writes Labels: Case Digests, Political Law

Facts: Petitioner Ernesto Mercado and Private

respondent Eduardo Manzano are candidates for the

position of Vice-Mayor of Makati City in the May, 1998 elections. Private respondent was the winner of the

said election but the proclamation was suspended due to the petition of Ernesto Mamaril regarding the

citizenship of private respondent. Mamaril alleged that the private respondent is not a citizen of the

Philippines but of the United States. COMELEC granted the petition and disqualified the private respondent for

being a dual citizen, pursuant to the Local Government

code that provides that persons who possess dual citizenship are disqualified from running any public

position. Private respondent filed a motion for reconsideration which remained pending until after

election. Petitioner sought to intervene in the case for disqualification. COMELEC reversed the decision and

declared private respondent qualified to run for the position. Pursuant to the ruling of the COMELEC, the

board of canvassers proclaimed private respondent as

vice mayor. This petition sought the reversal of the resolution of the COMELEC and to declare the private

respondent disqualified to hold the office of the vice mayor of Makati.

Issue: Whether or Not private respondent is

qualified to hold office as Vice-Mayor.

Held: Dual citizenship is different from dual allegiance.

The former arises when, as a result of the

concurrent application of the different laws of two or more states, a person is simultaneously considered a

national by the said states. For instance, such a situation may arise when a person whose parents are

citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine

of jus soli. Private respondent is considered as a dual citizen because he is born of Filipino parents but was

born in San Francisco, USA. Such a person, ipso facto

and without any voluntary act on his part, is concurrently considered a citizen of both states.

Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of

citizens of the Philippines to posses dual citizenship: (1) Those born of Filipino fathers and/or mothers in

foreign countries which follow the principle of jus soli; (2) Those born in the Philippines of Filipino mothers

and alien fathers if by the laws of their fathers’ country

such children are citizens of that country; (3) Those who marry aliens if by the laws of the latter’s country

the former are considered citizens, unless by their act or omission they are deemed to have renounced

Philippine citizenship. Dual allegiance, on the other

hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to

two or more states. While dual citizenship is involuntary, dual allegiance is the result of an

individual’s volition.

By filing a certificate of candidacy when he ran for his

present post, private respondent elected Philippine citizenship and in effect renounced his American

citizenship. The filing of such certificate of candidacy sufficed to renounce his American citizenship,

effectively removing any disqualification he might have as a dual citizen.

By declaring in his certificate of candidacy that he is a

Filipino citizen; that he is not a permanent resident or

immigrant of another country; that he will defend and support the Constitution of the Philippines and bear

true faith and allegiance thereto and that he does so without mental reservation, private respondent has, as

far as the laws of this country are concerned, effectively repudiated his American citizenshipand

anything which he may have said before as a dual citizen. On the other hand, private respondent’s oath

of allegiance to the Philippine, when considered with

the fact that he has spent his youth and adulthood, received his education, practiced his profession as an

artist, and taken part in past elections in this country, leaves no doubt of his election of Philippine citizenship.

G.R. NO. 180048 JUNE 19, 2009 DE GUZMAN VS COMELEC

FACTS: This is a petition for certiorari with prayer for

preliminary injunction and temporary restraining order assails the June 15, 2007 Resolution of the First

Division of COMELEC, disqualifying ROSELLER DE GUZMAN from running as vice-mayor in the May 14,

2007 elections. Petitioner was a naturalized American. However, on

January 25, 2006, he applied for dual citizenship under RA 9225. Upon approval of his application, he took his

oath of allegiance to the Republic of the Philippines on

September 6, 2006. Having reacquired Philippine citizenship, he is entitled to exercise full civil and

political rights. As such, qualified to run as vice-mayor of Guimba, Nueva Ecija.

ISSUE: Whether or not petitioner is disqualified

from running for vice-mayor of Guimba, Nueva Ecija in the May 14, 2007 elections for having

failed to renounce his American Citizenship in

accordance with RA 9225.

HELD: We find that petitioner is disqualified from running for public office in view of his failure to

renounce his American citizenship. RA 9225 was

enacted to allow reacquisition and retention of Philippine citizenship for:

1. Natural born citizens who have lost their Philippine citizenship by reason of their

naturalization as citizens of a foreign country; 2. Natural born citizens of the Philippines who

after the effectivity of the law, becomes citizens

of a foreign country. The law provides that they are not deemed to

have reacquired or retained their Philippine citizenship upon taking the oath of allegiance.

Petitioner’s oath of allegiance and certificate of candidacy did not comply with section(5)2 of RA 9225

which further requires those seeking elective public office in the Philippines to make a personal and sworn

renunciation of foreign citizenship. Petitioner failed to

renounce his American citizenship; as such, he is disqualified from running for vice mayor.

BENGZON VS. HRET [357 SCRA 545; G. R. No. 142840; 7 May 2001]

Wednesday, February 18, 2009 Posted by Coffeeholic

Writes Labels: Case Digests, Political Law

Facts: Respondent Teodoro Cruz was a natural-born

citizen of the Philippines. He was born in San

Clemente, Tarlac, on April 27, 1960, of Filipino parents. The fundamental law then applicable was the

1935 Constitution. On November 5, 1985, however, respondent Cruz enlisted in the United

States Marine Corps and without the consent of the Republic of the Philippines, took an oath of allegiance

to the United States. As a Consequence, he lost his

Filipino citizenship for under Commonwealth Act No. 63, section 1(4), a Filipino citizen may lose his

citizenship by, among other, "rendering service to or accepting commission in the armed forces of a foreign

country.” He was naturalized in US in 1990. On March 17, 1994, respondent Cruz reacquired his Philippine

citizenship through repatriation under Republic Act No. 2630. He ran for and was elected as the

Representative of the Second District of Pangasinan in

the May 11, 1998 elections. He won over petitioner Antonio Bengson III, who was then running for

reelection.

Issue: Whether or Not respondent Cruz is

a natural born citizen of the Philippines in view of the constitutional requirement that "no person shall be a

Member of the House of Representative unless he is

a natural-born citizen.”

Held: Respondent is a natural born citizen of the

Philippines. As distinguished from the

lengthy process of naturalization, repatriationsimply consists of the taking of an oath of allegiance to the

Republic of the Philippine and registering said oath in the Local Civil Registry of the place where the person

concerned resides or last resided. This means that a naturalized Filipino who lost his citizenship will be

restored to his prior status as a naturalized Filipino

citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine

citizenship, he will be restored to his former status as anatural-born Filipino.