4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
Section 5. Civil and Political Rights and Liabilities. — Those who retain or reacquire Philippine citizenship under this Act shall enjoy full civil and political
rights and be subject to all attendant liabilities and responsibilities under
existing laws of the Philippines and the following conditions:
xxxx
(2) Those seeking elective public office in the Philippines shall meet the
qualification for holding such public office as required by the Constitution
and existing laws and, at the time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship
before any public officer authorized to administer an oath;
x x x x.
Arnado’s use of his American passport after his execution of an Affidavit of
Renunciation of his American Citizenship is a retraction of his renunciation. When
Arnado filed his Certificate of Candidacy on 30 November 2009, there was no longer an
effective renunciation of his American citizenship. It is as if he never renounced his
American citizenship at all.
Arnado, therefore, failed to comply with the twin
requirements of swearing to an Oath of Allegiance and executing a Renunciation of
Foreign Citizenship as found in Republic Act No. 9225. We previously discussed the
distinction between dual citizenship and dual allegiance, as well as the different acts
required of dual citizens, who may either have involuntary dual citizenship or voluntary
dual allegiance, who desire to be elected to Philippine public office in Cordora v.
COMELEC:[4]
We have to consider the present case in consonance with our rulings in
Mercado v. Manzano, Valles v. COMELEC, and AASJS v. Datumanong.
Mercado and Valles involve similar operative facts as the present case.
Manzano and Valles, like Tambunting, possessed dual citizenship by the
circumstances of their birth. Manzano was born to Filipino parents in the
United States which follows the doctrine of jus soli. Valles was born to an
Australian mother and a Filipino father in Australia. Our rulings in Manzano
and Valles stated that dual citizenship is different from dual allegiance both
by cause and, for those desiring to run for public office, by effect. Dual
citizenship is involuntary and arises when, as a result of the concurrent
application of the different laws of two or more states, a person is
simultaneously considered a national by the said states. Thus, like any other
natural-born Filipino, it is enough for a person with dual citizenship who
seeks public office to file his certificate of candidacy and swear to the oath of
allegiance contained therein. Dual allegiance, on the other hand, is brought
about by the individual’s active participation in the naturalization process.
AASJS states that, under R.A. No. 9225, a Filipino who becomes a
naturalized citizen of another country is allowed to retain his Filipino
citizenship by swearing to the supreme authority of the Republic of the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
30/49
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents