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

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