Mercado v. Manzano Case Digest [G.R. No. 135083.

May
26, 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 on Elections declared Manzano disqualified as candidate for said elective
position.

However, in a 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 age 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 the present petition.

ISSUE:

Whether or not a dual citizen is disqualified to hold public elective office in the philippines.

RULING:

The court ruled that the phrase "dual citizenship" in R.A. 7160 Sec. 40 (d) and R.A. 7854 Sec.
20 must be understood as referring to dual allegiance. Dual citizenship is different from 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 Sec. 5 of the Constitution provides
"Dual allegiance of citizens is 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 consequence of
conflicting laws of different states.

By electing Philippine citizenship, such candidates at the same time forswear allegiance to the
other country of 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 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 of the
Republic. 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 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.

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. In Yu v. Defensor-Santiago, the
court sustained the denial of entry into the country of petitioner on the ground that, after taking
his oath as a naturalized citizen, he applied for the renewal of his Portuguese passport and
declared in commercial documents executed abroad that he was a Portuguese national. A
similar sanction can be taken against any one who, in electing Philippine citizenship, renounces
his foreign nationality, but subsequently does some act constituting renunciation of his
Philippine citizenship.

The petition for certiorari is DISMISSED for lack of merit.