4/29/2020
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Philippines. The act of taking an oath of allegiance is an implicit renunciation
of a naturalized citizen’s foreign citizenship.
R.A. No. 9225, or the Citizenship Retention and Reacquisition Act of 2003,
was enacted years after the promulgation of Manzano and Valles. The oath
found in Section 3 of R.A. No. 9225 reads as follows:
I __________ , solemnly swear (or affirm) that I will support and
defend the Constitution of the Republic of the Philippines and
obey the laws and legal orders promulgated by the duly
constituted authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto;
and that I impose this obligation upon myself voluntarily without
mental reservation or purpose of evasion.
In Sections 2 and 3 of R.A. No. 9225, the framers were not concerned with
dual citizenship per se, but with the status of naturalized citizens who
maintain their allegiance to their countries of origin even after their
naturalization. Section 5(2) of R.A. No. 9225 states that naturalized citizens
who reacquire Filipino citizenship and desire to run for elective public office
in the Philippines shall “meet the qualifications for holding such public office
as required by the Constitution and existing laws and, at the time of filing
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” aside from the oath of allegiance prescribed in Section 3 of R.A. No.
9225. The twin requirements of swearing to an Oath of Allegiance and
executing a Renunciation of Foreign Citizenship served as the bases for our
recent rulings in Jacot v. Dal and COMELEC, Velasco v. COMELEC, and
Japzon v. COMELEC, all of which involve natural-born Filipinos who later
became naturalized citizens of another country and thereafter ran for
elective office in the Philippines. In the present case, Tambunting, a naturalborn Filipino, did not subsequently become a naturalized citizen of another
country. Hence, the twin requirements in R.A. No. 9225 do not apply to him.
[5]
Hence, Arnado’s failure to comply with the twin requirements of R.A. No. 9225 is clearly
a failure to qualify as a candidate for Philippine elective public office. He is still deemed,
under Philippine law, holding allegiance to a foreign country, which disqualifies him
from running for an elective public office. Such failure to comply with the twin
requirements of R.A. No. 9225 is included among the grounds for disqualification in
Section 68 of the Omnibus Election Code: “Disqualifications. – x x x. Any person who is
a permanent resident of or an immigrant to a foreign country shall not be qualified to
run for any elective office under this Code, unless said person has waived his status as
a permanent resident or immigrant of a foreign country in accordance with the
residence requirement provided for in election laws.”
On the Selection of the Lawful Mayor of Kauswagan, Lanao del Sur
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
31/49
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