19 Mercado V Manzano

19.
MERCADO v MANZANO (2) Those born in the Philippines of Filipino mothers and alien
fathers if by the laws of their fathers country such children are
Petitioner Ernesto S. Mercado and private respondent Eduardo B. citizens of that country;
Manzano were candidates for vice mayor of the City of Makati in the
May 11, 1998 elections. The other one was Gabriel V. Daza III. (3) Those who marry aliens if by the laws of the latters country the
Manzano won. However, his proclamation was suspended in view of former are considered citizens, unless by their act or omission they
a pending petition for disqualification filed by a certain Ernesto are deemed to have renounced Philippine citizenship.
Mamaril who alleged that Manzano was not a citizen of the
Philippines but of the US. There may be other situations in which a citizen of the Philippines
may, without performing any act, be also a citizen of another state;
In his answer to the petition Manzano admitted that he is registered but the above cases are clearly possible given the constitutional
as a foreigner with the Bureau of Immigration under Alien Certificate provisions on citizenship.
of Registration and alleged that he is a Filipino citizen because he
was born in 1955 of a Filipino father and a Filipino mother. He was Dual allegiance, on the other hand, refers to the situation in which a
born in the San Francisco, California, and is considered an American person simultaneously owes, by some positive act, loyalty to two or
citizen under US Laws. But notwithstanding his registration as an more states. While dual citizenship is involuntary, dual allegiance is
American citizen, he did not lose his Filipino citizenship. the result of an individuals volition.
Judging from the foregoing facts, Second Division of the COMELEC With respect to dual allegiance, Article IV, 5 of the Constitution
held that he holds a dual citizenship for being both a Filipino and a provides: Dual allegiance of citizens is inimical to the national
US citizen and was disqualified to run for public office. interest and shall be dealt with by law.
COMELEC En Banc reversed and declared private respondent In including 5 in Article IV on citizenship, the concern of the
qualified to run for vice mayor, holding that respondent attained the Constitutional Commission was not with dual citizens per se but with
age of majority, he registered himself as a voter, and voted in the naturalized citizens who maintain their allegiance to their countries
elections of 1992, 1995 and 1998, which effectively renounced his of origin even after their naturalization. Hence, the phrase dual
US citizenship under American law. Under Philippine law, he no citizenship in R.A. No. 7160, 40(d) and in R.A. No. 7854, 20 must be
longer had U.S. citizenship. understood as referring to dual allegiance. Consequently, persons
with mere dual citizenship do not fall under this
Pursuant to the resolution of the COMELEC En banc, the board of disqualification. Unlike those with dual allegiance, who must,
canvassers, proclaimed private respondent as vice mayor of the City therefore, be subject to strict process with respect to the
of Makati. termination of their status, for candidates with dual citizenship, it
should suffice if, upon the filing of their certificates of candidacy,
This is a petition for certiorari seeking to set aside the aforesaid they elect Philippine citizenship to terminate their status as persons
resolution of the COMELEC en banc and to declare private with dual citizenship considering that their condition is the
respondent disqualified to hold the office of vice mayor of Makati unavoidable consequence of conflicting laws of different states. As
City. Joaquin G. Bernas, pointed out: [D]ual citizenship is just a reality
imposed on us because we have no control of the laws on
ISSUE: WON Manzano is a dual citizen disqualified to run for an
citizenship of other countries. We recognize a child of a Filipino
elective local position.
mother. But whether or not she is considered a citizen of another
country is something completely beyond our control.
HELD: NO.
By electing Philippine citizenship, such candidates at the same time
DUAL CITIZENSHIP AS A GROUND FOR DISQUALIFICATION
forswear allegiance to the other country of which they are also
To begin with, dual citizenship is different from dual allegiance. The citizens and thereby terminate their status as dual citizens. It may be
former arises when, as a result of the concurrent application of the that, from the point of view of the foreign state and of its laws, such
different laws of two or more states, a person is simultaneously an individual has not effectively renounced his foreign citizenship.
considered a national by the said states. For instance, such a
[W]hen a person applying for citizenship by naturalization takes an
situation may arise when a person whose parents are citizens of a
oath that he renounces his loyalty to any other country or
state which adheres to the principle of jus sanguinis is born in a
government and solemnly declares that he owes his allegiance to
state which follows the doctrine of jus soli. Such a person, ipso
the Republic of the Philippines, the condition imposed by law is
facto and without any voluntary act on his part, is concurrently
satisfied and complied with. The determination whether such
considered a citizen of both states. Considering the citizenship
renunciation is valid or fully complies with the provisions of our
clause (Art. IV) of our Constitution, it is possible for the following
Naturalization Law lies within the province and is an exclusive
classes of citizens of the Philippines to possess dual citizenship:
prerogative of our courts. The latter should apply the law duly
(1) Those born of Filipino fathers and/or mothers in foreign enacted by the legislative department of the Republic. No foreign
countries which follow the principle of jus soli; law may or should interfere with its operation and application. If the
requirement of the Chinese Law of Nationality were to be read into
our Naturalization Law, we would be applying not what our
legislative department has deemed it wise to require, but what a
foreign government has thought or intended to exact. That, of
course, is absurd. It must be resisted by all means and at all cost. It
would be a brazen encroachment upon the sovereign will and power
of the people of this Republic.
PETITIONER'S ELECTION OF PHILIPPINE CITIZENSHIP
By filing a certificate of candidacy when he ran for his present post,

Manzano 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 citizenship and anything which he may have said before as
a dual citizen.

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PETITIONER'S ELECTION OF PHILIPPINE CITIZENSHIP

By filing a certificate of candidacy when he ran for his present post,

By declaring in his certificate of candidacy that he is a Filipino citizen;

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