Mercado v. Manzano
Mercado v. Manzano
Mercado v. Manzano
Manzano
G.R. No. 135083; May 26, 1999; Mendoza, J;
Digest by Paola
FACTS:
1. Pet. MERCADO and Resp. MANZANO, along with Gabriel Daza were candidates
for vice-mayor of Makati City in the May 11, 1998 elections.
2. A petition for disqualification filed by a certain Mamaril against MANZANO
it was alleged that MANZANO was not a citizen of the PH but of the US.
3. [May 7, 1998] COMELEC 2nd Division granted the petition of Mamaril and
ordered the cancellation of MANZANOs Cert. of Candidacy (CoC) on the
ground that he is a dual citizen and as such disqualified as per Sec. 40
(d) of the LGC.
a. It was found out that MANZANO is the son of both Filipinos but he was
born in San Francisco, California making him a citizen of both PH and
US.
4. [May 8, 1998] MANZANO filed an MR but remained pending even after May,
11, 1998 elections. SO the Board of Canvassers tabulated votes cast for vicemayor
a. MANZANO actually garnered the highest votes but his proclamation
was suspended in view of the pending petition for disqualification.
5. [May 19, 1998] MERCADO sought to intervene in the case.
6. [Aug. 31, 1998] COMELEC en banc reversed ruling of the 2 nd Division and
declared MANZANO qualified to run. Pursuant to this he was proclaimed by
the board of canvassers as vice mayor of Makati.
a. He was born in the US and thus acquired US Citizenship by application
of jus soli. But he was also a natural-born Filipino citizen by operation of
the 1935 Constitution since both his parents are Filipino.
b. At the age of 6, he was brought to the PH with an American Passport
and his parents registered him as an alien, and MANZANO was issued
an alien cert. of registration.
c. But this did not result in the loss of PH citizenship.
d. At the age of majority, MANZANO registered himself as a voter and
voted in the 92. 95 and 98 elections this effectively renounced his
US citizenship under US laws.
e. During the May 11, 98 elections, the 2 nd Divisions decision was not
final yet. MANZANO got the highest vote. COMELEC therefore declare
him to be QUALIFIED as a candidate.
ISSUE: WON MANZANO was disqualified to run for elective position
NO.
RATIO:
1. Sec. 40 of the LGC states that: The following persons are disqualified from
running for any elective local position: xxx (d) Those with dual citizenship;
2. Dual citizenship is different from dual allegiance.
a. Dual citizenship arises, when as a result of the concurrent application of
the different laws of two or more states, a person is simultaneously
considered as a national by said states.
i. A person whose parents are nationals of a state following the jus
sanguinis principle but born in a state which follows the jus soli
principle, ipso facto and without any voluntary act on his part, is
concurrently considered a citizen of both states.
i.