Dionisio, Kyle Adam T.

2020-1-001522
Assignment #2

1. Should naturalized citizens be allowed to run for public office? Explain your answer.

Yes, naturalized citizens should be allowed to run for public office. According to the Local
Government Code, naturalized citizens are allowed to run for public positions in local posts such
as provincial governor, city, mayor, or municipal councilor. However, the Constitution provides
that only natural-born Filipino citizens are qualified to run for positions such as: President, Vice
President, Senator, Member of the House of Representatives, and the Constitutional
Commissions.

In my opinion, there should not be any bias on whether a candidate has the potential to be an
effective and efficient leader based on the status of his citizenship. What is important is that the
candidate is a Filipino, regardless of whether he or she is naturalized or natural-born since the
process of naturalization to obtain Filipino citizenship already provides the test of loyalty to the
state. An alternative, rather than disqualifying naturalized citizens from running in major public
positions such as President, Vice President, Senator, or Member of the House, is to impose a
more difficult process for attaining naturalization or to impose additional requirements that will
guarantee their allegiance to the Philippines. Outright disqualification at the very outset is highly
impractical as it can also filter out great leaders that could have been. Additionally, Filipinos,
whether naturalized or natural-born should be treated equally; otherwise, naturalized Filipinos, as
a class would be viewed by the law as a mere sub classification of Filipinos without full political
and civil rights. In gist, being a natural-born Filipino does not automatically ensure that such
public officer will not “sell-out” his countrymen and by the same logic being a naturalized
Filipino does not automatically mean he or she is not capable of protecting the public trust.
2. Should dual citizens be compelled to renounce their foreign citizenship if they are going
to serve in the government, either by election or appointment? Explain your answer.

Yes, dual citizens should be compelled to renounce their foreign citizenship if they are to
serve in the government whether it be an appointment or elective position. RA 9225 and
COMELEC Resolution 9989 provides that dual citizens running for an elective position
shall, at the time of the filing of certificate of candidacy and in addition to the other
qualifications, make a personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath. Meanwhile, dual citizens to be
appointed to any public office shall subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their assumption of
office: Provided, that they renounce their oath of allegiance to the country where they took
that oath.
3. Should the principle of res judicata be applicable to citizenship cases? Explain your
answer.

No, the principle of res judicata should not apply. In the case of Jimmy T. Go a.k.a. Jaime
T. Gaisano Vs. Bureau Of Immigration And Deportation and Its Commissioners and Luis T.
Ramos, G.R. No. 191810 which was decided in 2015. It was held that as a general rule,
Citizenship cases is a class of its own and is sui generis which cannot be considered as res
judicata and can be retried again and again. The exception is when the following
circumstances concur:

1. A person’s citizenship must be raised as a material issue in a controversy where said

person is a party;
2. The Solicitor General or his authorized representative took active part in the resolution
thereof; and
3. The finding or citizenship is affirmed by this Court

When these circumstances are present and concurring, then res judicata may apply on the
case of citizenship.