ERNESTO S. MERCADO, petitioner, vs. EDUARDO BARRIOS MANZANO and the COMMISSION ON ELECTIONS, respondents; G.R. No. 135083 May 26, 1999

RATIONALE:

Dual citizenship is involuntary, dual allegiance is the result of an individual's volition.

GIST:

Manzano was petitioned to be disqualified as Makati Vice-Mayor on the ground that he is not a Filipino citizen but a US. He won, nonetheless. Thus, his qualification to assume office as vice mayor was then assailed. However, SC ruled that he is a Filipino citizen when he filed his Certificate of Candidacy and he made the ff. declarations that he:

1.  is a Filipino citizen

2.  is not a permanent resident or immigrant of another country

3. 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. 

FACTS:

1. There were three candidates in the election for Vice-Mayor of Makati on May 11, 1998, Eduardo B. Manzano, Ernesto S. Mercado, and Gabriel V. Daza. On the ongoing period of election, a certain Eduardo Mamaril contested the candidacy of Eduardo Manzano, claiming that he should be disqualified from running the position for he not a Filipino Citizen, but of United States.

May 7, 1998, COMELEC granted the Petition of Mamaril and disqualified Manzano's candidacy for Vice-Mayor of Makati City, under the following grounds:

Under Section 40(d) of the Local Government Code, those holding dual citizenship are disqualified from running for any elective local position.

May 18, 1998. Private Respondent filed a motion for reconsideration, the motion for reconsideration was still pending until the May 11, 1998 election, which lead to the suspension of the proclamation of winners on the Vice-Mayor position.

August 31, 1998. COMELEC en banc reversed the ruling of its Second Division and declared private respondent qualified to run for vice mayor of the City of Makati in the May 11, 1998 elections.

ACCORDINGLY, the Commission directs the Makati City Board of Canvassers, upon proper notice to the parties, to reconvene and proclaim the respondent Eduardo Luis Barrios Manzano as the winning candidate for vice-mayor of Makati City.

Edu Manzano   - 103,853

Ernesto Mercado - 100,894

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                  2,959

ISSUE: 

1. Whether or not Manzano should be disqualified from the May 1998 Elections for Makati Vice-Mayor. - NO.

2. Whether or not Manzano, by the time of the May 1998 was a Filipino Citizen and was qualified to the position of Makati Vice-Mayor. - YES

RULING: 

NO. Manzano confirmed that he elected Philippine citizenship when he filed his Certificate of Candidacy.

Manzano was born in San Francisco, California USA. He acquired US citizenship by operation of US Constitution and laws under the principle of jus soli.

The phrase "dual citizenship" in R.A. No. 7160, §40(d) and in R.A. No. 7854, §20 must be understood as referring to "dual allegiance." 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 consequence of conflicting laws of different states. 

By declaring in his Certificate of Candidacy that he

1.  is a Filipino citizen

2.  is not a permanent resident or immigrant of another country

3. 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. 

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. 

His declarations will be taken upon the faith that he will fulfill his undertaking made under oath. Should he betray that trust, there are enough sanctions for declaring the loss of his Philippine citizenship through expatriation in appropriate proceedings.  

The petition for certiorari is DISMISSED for lack of merit.