4/29/2020
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contrary to national interest should be dealt with by law. However, he said
that the dual allegiance problem is not addressed in the bill. He then cited
the Declaration of Policy in the bill which states that "It is hereby declared
the policy of the State that all citizens who become citizens of another
country shall be deemed not to have lost their Philippine citizenship under
the conditions of this Act." He stressed that what the bill does is
recognize Philippine citizenship but says nothing about the other
citizenship.
Rep. Locsin further pointed out that the problem of dual allegiance is created
wherein a natural-born citizen of the Philippines takes an oath of allegiance
to another country and in that oath says that he abjures and absolutely
renounces all allegiance to his country of origin and swears allegiance to
that foreign country. The original Bill had left it at this stage, he explained.
In the present measure, he clarified, a person is required to take an
oath and the last he utters is one of allegiance to the country. He
then said that the problem of dual allegiance is no longer the
problem of the Philippines but of the other foreign country.
(Emphasis supplied)
[33] See Discussion of Senators Enrile and Pimentel on Sec. 40(d) of the Local
Government Code, reproduced in Cordora v. COMELEC, G.R. No. 176947, 19 February
2009, 580 SCRA 12.
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 as the following
discussion on §40(d) between Senators Enrile and Pimentel clearly shows:
SENATOR ENRILE:
Mr. President, I would like to ask clarification of line 41, page 17: "Any
person with dual citizenship " is disqualified to run for any elective local
position. Under the present Constitution, Mr. President, someone whose
mother is a citizen of the Philippines but his father is a foreigner is a naturalborn citizen of the Republic. There is no requirement that such a naturalborn citizen, upon reaching the age of majority, must elect or give up
Philippine citizenship.
On the assumption that this person would carry two passports, one
belonging to the country of his or her father and one belonging to the
Republic of the Philippines, may such a situation disqualify the person to run
for a local government position?
SENATOR PIMENTEL:
To my mind, Mr. President, it only means that at the moment when he would
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