MERCADO v MANZANO 5. Manzano then filed a motion for reconsideration.
26 May 1999 | GR Nr. 135083 | MENDOZA, J | Natural Born Citizens and
Public Office
PETITIONER: ERNESTO S MERCADO
RESPONDENT: EDUARDO BARRIOS MANZANO and COMELEC
SUMMARY:
Petition for disqualification was filed against Edu Manzano to hold elective office
on the ground that he is both an American citizen and a Filipino citizen, having
been born in the United States of Filipino parents. COMELEC granted the petition
and disqualified Manzano for being a dual citizen pursuant to the Local
Government Code RA 7160, that those with dual citizenship are disqualified from
running any public position.
DOCTRINE: Dual Citizenship v Dual Allegiance
Dual citizenship arises when a person whose parents are citizens of a state that
follows jus saguinis and was born in a state that follows jus soli, hence, resulting
to a concurrent application of different two laws or more.
Dual allegiance is a situation whre a person simultaneously owes loyalty to two or
more states.
FACTS:
1. Mercado and Manzano were candidates for vice mayor of the City of
Makati in the May 1998 elections. Hence, Manzano won.
2. A certain Ernesto Mamaril filed a petition for disqualification against
Manzano on the ground that he was not a citizen of the Philippines
but of the United States.
3. COMELEC granted the petition of Mamaril and ordered the
cancellation of the certificate of candidacy of private respondent on
the ground that he is a dual citizen and, under 40(d) of the Local
Government Code, persons with dual citizenship are disqualified
from running for any elective position.
4. According to COMELEC, Manzano admitted that he is registered as
a foreigner with the Bureau of Immigration and alleged that he is a
Filipino citizen because he was born in 1955 of a Filipino father and
a Filipino mother. He was born in the United States, San Francisco,
California, September 14, 1955, and is considered in American
citizen under US Laws. But notwithstanding his registration as an
American citizen, he did not lose his Filipino citizenship. Thus, he is
considered as dual citizen. And as a law, persons with dual
citizenship are disqualified from running for any elective position.
6. The motion remained pending even until after the election held on
May 11, 1998.
7. Mercado sought to intervene in the case for disqualification.
However, its motion was opposed by Manzano. Hence, motion was
not resolved.
8. 31 August 1998 - COMELEC en banc rendered its resolution in
favor of Manzano. respondent Eduardo Barrios Manzano was born in
San Francisco, California, U.S.A. He acquired US citizenship by
operation of the United States Constitution and laws under the
principle of jus soli. He was also a natural born Filipino citizen by
operation of the 1935 Philippine Constitution, as his father and
mother were Filipinos at the time of his birth.
9. Mercado contended that COMELEC en banc ERRED in holding
that:
A. Under Philippine law, Manzano was no longer a U.S.
citizen when he:
1. He renounced his U.S. citizenship when he
attained the age of majority when he was already 37
years old; and,
2. He renounced his U.S. citizenship when he
(merely) registered himself as a voter and voted in
the elections of 1992, 1995 and 1998.
B. Manzano is qualified to run for and or hold the elective
office of Vice-Mayor of the City of Makati;
C. At the time of the May 11, 1998 elections, the resolution
of the Second Division adopted on 7 May 1998 was not yet
final so that, effectively, petitioner may not be declared the
winner even assuming that Manzano is disqualified to run
for and hold the elective office of Vice-Mayor of the City of
Makati.
ISSUES: Whether or not dual citizenship is a ground for disqualification to
hold or run office in the local position? - NO
RULING: Petition for Certiorari is Dismissed for lack of merit
RATIO:
1. Dual citizenship arises when a person whose parents are citizens of a
state that follows jus saguinis and was born in a state that follows jus
soli, hence, resulting to a concurrent application of different two
 laws or more. On the other hand, dual allegiance is a situation whre a
person simultaneously owes loyalty to two or more states.
2. Dual citizenship is different from dual allegiance. What is inimical is
not dual citizenship per se, but with naturalized citizens who
maintain their allegiance to their countries of origin even after their
naturalization. Hence, the phrase “dual citizenship” in RA 7160 must
be understood as referring to “dual allegiance”. Consequently,
persons with mere dual citizenship do not fall under this
disqualification.