4/9/2020
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first and fundamental duty of the Court is to apply the law. As such, when the law is
clear and free from any doubt, there is no occasion for construction or interpretation;
there is only room for application.[19] Section 5(2) of R.A. No. 9225 is one such
instance.
Ambiguity is a condition of admitting two or more meanings, of being understood in
more than one way, or of referring to two or more things at the same time. For a
statute to be considered ambiguous, it must admit of two or more possible meanings.
[20]
The language of Section 5(2) is free from any ambiguity. In Lopez v. COMELEC,[21] we
declared its categorical and single meaning: a Filipino American or any dual citizen
cannot run for any elective public position in the Philippines unless he or she personally
swears to a renunciation of all foreign citizenship at the time of filing the certificate of
candidacy. We also expounded on the form of the renunciation and held that to be
valid, the renunciation must be contained in an affidavit duly executed before an officer
of the law who is authorized to administer an oath stating in clear and unequivocal
terms that affiant is renouncing all foreign citizenship.
The same meaning was emphasized in Jacot v. Dal,[22] when we held that Filipinos reacquiring or retaining their Philippine citizenship under R.A. No. 9225 must explicitly
renounce their foreign citizenship if they wish to run for elective posts in the
Philippines, thus:
The law categorically requires persons seeking elective public office, who
either retained their Philippine citizenship or those who reacquired it, to
make a personal and sworn renunciation of any and all foreign citizenship
before a public officer authorized to administer an oath simultaneous with or
before the filing of the certificate of candidacy.
Hence, Section 5(2) of Republic Act No. 9225 compels natural- born
Filipinos, who have been naturalized as citizens of a foreign country,
but who reacquired or retained their Philippine citizenship (1) to
take the oath of allegiance under Section 3 of Republic Act No. 9225,
and (2) for those seeking elective public offices in the Philippines, to
additionally execute a personal and sworn renunciation of any and all
foreign citizenship before an authorized public officer prior or simultaneous
to the filing of their certificates of candidacy, to qualify as candidates in
Philippine elections.
Clearly Section 5(2) of Republic Act No. 9225 (on the making of a personal
and sworn renunciation of any and all foreign citizenship) requires of the
Filipinos availing themselves of the benefits under the said Act to accomplish
an undertaking other than that which they have presumably complied with
under Section 3 thereof (oath of allegiance to the Republic of the
Philippines). This is made clear in the discussion of the Bicameral
Conference Committee on Disagreeing Provisions of House Bill No. 4720 and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55170
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