Mercado vs. Manzano
G. R. No. 135083, 26 May 1999
Facts:
Petitioner Ernesto Mercado and Eduardo Manzano were both candidates for Vice-Mayor of Makati in the May 11, 1998 elections. Based on the results of the election, Manzano garnered the highest number of votes. However, his proclamation was suspended due to the pending petition for disqualification filed by Ernesto Mercado on the ground that he was not a citizen of the Philippines but of the United States. From the facts presented, it appears that Manzano is both a Filipino and a US citizen. The Commission of Elections (COMELEC) declared Manzano disqualified as candidate for said elective position. However, the subsequent resolution of the COMELEC en banc, the disqualification of the respondent was reversed. Respondent was held to have renounced his US citizenship when he attained the aged of majority and registered himself as a voter in the elections of 1992, 1995 and 1998. Manzano was eventually proclaimed as the Vice-Mayor of Makati City on August 31, 1998. Thus present petition.
Issue:
Whether or not a dual citizen is disqualified to hold public elective office in the Philippines?
Ruling:
The Supreme Court ruled that the phrase “dual citizenship” in RA 7160 Section 40 (d) and RA 7854 Section 20 must be understood as referring to dual allegiance. Dual citizenship is different form dual allegiance. The former arises when, as a result of the application of the different laws of two or more states, a person is simultaneously considered a national by the said states. Dual allegiance on the other hand, refers to a 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 a result of an individual’s volition. Article IV, Section 5 of the Constitution provides, “Dual allegiance of citizens of inimical to the national interest and shall be dealt with by law.” Consequently, persons with mere dual citizenship do not fall under this disqualification. Unlike those with dual allegiance, who must, therefore, be subject to strict process with respect to the termination of their status, for candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the unavoidable consequences of conflicting laws of different states.
By electing Philippine citizenship, such candidates at the same time forswear allegiance to the other country for which they are also citizens and thereby terminate their status as dual citizens. It may be that, from the point of view of the foreign state and of its laws, such an individual has not effectively renounced his foreign citizenship. That is of no moment.
When a person a person applying for citizenship by naturalization takes an oath that he renounces his loyalty to any other country or government and solemnly declares that he owes his allegiance to the Republic of the Philippines, the condition imposed by law is satisfied and complied with. The determination whether such renunciation is valid or fully complies with the provisions of our Naturalization law lies within the province and is an exclusive prerogative of our courts. The latter should apply the law duly enacted by the legislative department. No foreign law may or should interfere with its operation and application.
The court ruled that the filing of certificate of candidacy of respondent sufficed to renounced his American citizenship, effectively removing any disqualification he may have as a dual citizen. By declaring in his COC that he is a Filipino. On the other hand, private respondent’s oath of allegiance to the Philippines, 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.
Case digest by: Audey G. Principe, JD-1
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