Mercado v. Manzano

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Mercado v.

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.

ii. Considering Art. IV of the Constitution, it is possible for a citizen to


have dual citizenship if (1) Born to Filipino fathers and/or mothers in
foreign countries following the jus soli principle; (2) born of Filipino
mothers and alien fathers and by the law pf their fathers country such
children are citizens of that country; (3) those who marry aliens if by
the laws of the latters country the former are considered citizens,
unless they renounce PH citizenship.
b. Dual allegiance refers to 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 individuals
volition.
3. Art. IV Sec. 5 of the Constitution considers dual allegiance as inimical to the
national interests. As can be gleaned from the ConComs (Blas Ople was the
one who had the provision inserted), the concern of the Commission is not
with dual citizenship per se, but with naturalized citizens who maintain their
allegiance to their countries of origin even after naturalization.
a. HENCE, dual citizenship under the LGC must be understood as referring
to dual allegiance.
b. Persons with mere dual citizenship therefore, do not fall under
this disqualification.
i. It should suffice that upon filing of CoC, they elect Philippine
citizenship to terminate their status of dual citizenship.
ii. By electing Philippine citizenship, such candidates at the same time
forswear allegiance to the other country of which they are citizens and
thereby terminate their status as dual citizens. It may be that from the
point of view of the other State, such act was not an effective
renunciation of foreign citizenship BUT that is of no moment.
iii. This is similar to the requirement in naturalization where applicant
must renounce allegiance and fidelity to any foreign state or
sovereignty. As held by jurisprudence whether such oath is valid
under our law lies within the province of our courts; no foreign law
may or should interfere with its operation and application.
4. MANZANO elected Philippine Citizenship.
a. His CoC filed on March 1998 contained the following statements:
i.
I am a Filipino citizen (state if natural-born or naturalized) natural-born
ii.
I am a registered voter of precinct no. 747-A, Barangay San
Lorenzo, City/Municipality of Makati, Province Of NCR.
iii.
I am not a permanent resident of, or immigrant to, a foreign
country.
iv.
I am eligible for the office I seek to be elected. I will support and
defend the constitution of the Philippines and will maintain true
faith and allegiance thereto; that I will obey the laws, legal orders
and decrees promulgated by the duly constituted authorities of
the Republic of the Philippines; and that I impose this obligation
upon myself voluntarily, without mental reservation or purpose of
evasion. I hereby certify that the facts stated herein are true and
correct of my own personal knowledge.
b. BY filing a certificate of candidacy, MANZANO elected Philippine
citizenship and in effect renounced American citizenship, thereby
removing any disqualification he might have as a dual citizen.

i.

Cited Frivaldo v. COMELEC: Petitioner lost his American citizenship


when he took his oath of allegiance to the PH government when he
ran for governor.
c. To recapitulate: by 1) declaring in his CoC that he is a Filipino citizen; 2)
that he is not a permanent resident or immigrant of another country; 3)
that he will defend and support the Constitution and bear true faith and
allegiance thereto and that he does so without mental reservation he
has effectively repudiated his American citizenship.
d. All of these taken with the fact that he 1) spent his youth and adulthood
here; 2)received education; 3) practiced profession as an artist; 4) and
took part in the past elections there is no doubt that he elected PH
citizenship.

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