FACTS

 On April 27, 1998, petitioner Ernesto Mamaril filed a disqualification case for
Eduardo Manzano as the vice mayor of Makati city on the ground that he was not
a citizen of the Philippines but of United States.

 The COMELEC granted the petition of Mamaril and ordered the cancellation of
the certificate of candidacy of Manzano on the basis that he is a dual citizen.

 Manzano admitted that he is registered as a foreigner with the Bureau of

Immigration under Alien Certificate of Registration No. B- 31632

 He was born on September 14, 1955 in the United States, San Francisco,
California, ( he is an American citizen, following the jus soli rule)

 At the same time, a Filipino citizen for being born of Filipino parents

 Manzano filed a motion for reconsideration which remained pending even until
after the election. (On May 8, 1998)

 On the day of the election, Respondent Manzano obtained the highest number of
votes among the candidates for vice-mayor of Makati City, but his proclamation
was suspended.

 Petitioner Mercado, who obtained the second-highest number of votes, intervene

in the case for disqualification.

 Without resolving Manzano's motion, the COMELEC en banc reversed the ruling
of the COMELEC second division and declared Manzano qualified to run for vice-
mayor.

 In opposition to this, Mercado filed a petition for certiorari seeking to set aside the
aforesaid resolution of the COMELEC en banc and to declare private respondent
disqualified to hold the office of vice mayor of Makati City.