G.R. No. 135083 May 26, 1999 EN BANC MENDOZA, J. ERNESTO S. MERCADO vs.

EDUARDO BARRIOS MANZANO and !" COMMISSION ON E#ECTIONS $ACTS% Petitioner Ernesto S. Mercado and private respondent Eduardo B. Manzano were candidates for vice mayor of the City of Makati in the May 11 1!!" e#ections. $he other one was %a&rie# '. (aza ))). $he resu#ts of the e#ection were as fo##ows* Eduardo B. Manzano + 1,- ".-/ Ernesto S. Mercado+ 1,, "!0/ %a&rie# '. (aza )))+ .0 12.. $he proc#amation of private respondent was suspended in view of a pendin3 petition for dis4ua#ification fi#ed &y a certain Ernesto Mamari# who a##e3ed that private respondent was not a citizen of the Phi#ippines &ut of the 5nited States. )n its reso#ution the Second (ivision of the C6ME7EC 3ranted the petition of Mamari# and ordered the cance##ation of the certificate of candidacy of private respondent on the 3round that he is a dua# citizen. C6ME7EC said* $he petition is &ased on the 3round that the respondent is an American citizen &ased on the record of the Bureau of )mmi3ration and misrepresented himse#f as a natura#+&orn 8i#ipino citizen. 9espondent admitted that he is re3istered as a forei3ner with the Bureau of )mmi3ration under A#ien Certificate of 9e3istration No. B+ -1:-1 and a##e3ed that he is a 8i#ipino citizen &ecause he was &orn in 1!.. of a 8i#ipino father and a 8i#ipino mother. ;e was &orn in the 5nited States San 8rancisco Ca#ifornia on Septem&er 10 1!.. and is considered an American citizen under 5S 7aws. But notwithstandin3 his re3istration as an American citizen he did not #ose his 8i#ipino citizenship. Manzano is &oth a 8i#ipino and a 5S citizen. )n other words he ho#ds dua# citizenship. 5nder Section 0,<d= of the 7oca# %overnment Code those ho#din3 dua# citizenship are dis4ua#ified from runnin3 for any e#ective #oca# position. $he C6ME7EC en &anc rendered its reso#ution reversin3 the ru#in3 of its Second (ivision and dec#ared private respondent 4ua#ified to run for vice mayor of the City of Makati in the May 11 1!!" e#ections* >;e was a#so a natura# &orn 8i#ipino citizen &y operation of the 1!-. Phi#ippine Constitution as his father and mother were 8i#ipinos at the time of his &irth. At the a3e of si? his parents &rou3ht him to the Phi#ippines usin3 an American passport as trave# document. ;is parents a#so re3istered him as an a#ien with the Phi#ippine Bureau of )mmi3ration. ;e was issued an a#ien certificate of re3istration. $his however did not resu#t in the #oss of his Phi#ippine citizenship as he did not renounce Phi#ippine citizenship and did not take an oath of a##e3iance to the 5nited States.)t is an undisputed fact that when respondent attained the a3e of ma@ority he re3istered himse#f as a voter and voted in the e#ections of 1!!1 1!!. and 1!!" which effective#y renounced his 5S citizenship under American #aw. 5nder Phi#ippine #aw he no #on3er had 5.S. citizenship.A Pursuant to the reso#ution of the C6ME7EC en &anc the &oard of canvassers proc#aimed private respondent as vice mayor of the City of Makati. $his is a petition for certiorari seekin3 to set aside the aforesaid reso#ution of the C6ME7EC en &anc and to dec#are private respondent dis4ua#ified to ho#d the office of vice mayor of Makati City. Petitioner contends that B $he C6ME7EC en &anc E99E( in ho#din3 that* A. 5nder Phi#ippine #aw Manzano was no #on3er a 5.S. citizen when* 1. ;e renounced his 5.S. citizenship when he attained the a3e of ma@ority when he was a#ready -2 years o#d/ and 1. ;e renounced his 5.S. citizenship when he <mere#y= re3istered himse#f as a voter and voted in the e#ections of 1!!1 1!!. and 1!!". B. Manzano is 4ua#ified to run for and or ho#d the e#ective office of 'ice+Mayor of the City of Makati/ C. At the time of the May 11 1!!" e#ections the reso#ution of the Second (ivision adopted on 2 May 1!!" was not yet fina# so that effective#y petitioner may not &e dec#ared the winner even assumin3 that Manzano is dis4ua#ified to run for and ho#d the e#ective office of 'ice+Mayor of the City of Makati.

ISSUE% C6N private respondent Manzano possesses dua# citizenship and if so whether he is dis4ua#ified from &ein3 a candidate for vice mayor of Makati City. RATIONA#E% $he dis4ua#ification of private respondent Manzano is &ein3 sou3ht under D0, of the 7oca# %overnment Code of 1!!1 <9.A. No. 21:,= which dec#ares as >dis4ua#ified from runnin3 for any e#ective #oca# position* <d= $hose with dua# citizenship.A $his provision is incorporated in the Charter of the City of Makati. )nvokin3 the ma?im dura #e? sed #e? petitioner as we## as the So#icitor %enera# who sides with him in this case contends that throu3h D0,<d= of the 7oca# %overnment Code Con3ress has >commandEedF in e?p#icit terms the ine#i3i&i#ity of persons possessin3 dua# a##e3iance to ho#d #oca# e#ective office.A $o &e3in with dua# citizenship is different from dua# a##e3iance. $he former arises when as a resu#t of the concurrent app#ication of the different #aws of two or more states a person is simu#taneous#y considered a nationa# &y the said states. Considerin3 the citizenship c#ause <Art. )'= 1 of our Constitution it is possi&#e for the fo##owin3 c#asses of citizens of the Phi#ippines to possess dua# citizenship. (ua# a##e3iance refers to the situation in which a person simu#taneous#y owes &y some positive act #oya#ty to two or more states. Chi#e dua# citizenship is invo#untary dua# a##e3iance is the resu#t of an individua#Gs vo#ition. Cith respect to dua# a##e3iance Artic#e )' D. of the Constitution provides* >(ua# a##e3iance of citizens is inimica# to the nationa# interest and sha## &e dea#t with &y #aw.A (ua# a##e3iance is not dua# citizenship. (ua# a##e3iance is #ar3er and more threatenin3 than that of mere dou&#e citizenship which is se#dom intentiona# and perhaps never insidious. $he phrase >dua# citizenshipA in 9.A. No. 21:, D0,<d= and in 9.A. No. 2".0 D1, must &e understood as referrin3 to >dua# a##e3iance.A Conse4uent#y persons with mere dua# citizenship do not fa## under this dis4ua#ification. 5n#ike those with dua# a##e3iance who must therefore &e su&@ect to strict process with respect to the termination of their status for candidates with dua# citizenship it shou#d suffice if upon the fi#in3 of their certificates of candidacy they e#ect Phi#ippine citizenship to terminate their status as persons with dua# citizenship considerin3 that their condition is the unavoida&#e conse4uence of conf#ictin3 #aws of different states. (ua# citizenship is @ust a rea#ity imposed on us &ecause we have no contro# of the #aws on citizenship of other countries. By e#ectin3 Phi#ippine citizenship such candidates at the same time forswear a##e3iance to the other country of which they are a#so citizens and there&y terminate their status as dua# citizens. )t may &e that from the point of view of the forei3n state and of its #aws such an individua# has not effective#y renounced his forei3n citizenship. $his is simi#ar to the re4uirement that an app#icant for natura#ization must renounce >a## a##e3iance and fide#ity to any forei3n prince potentate state or soverei3ntyA of which at the time he is a su&@ect or citizen &efore he can &e issued a certificate of natura#ization as a citizen of the Phi#ippines. $he determination whether such renunciation is va#id or fu##y comp#ies with the provisions of our Natura#ization 7aw #ies within the province and is an e?c#usive prero3ative of our courts. $he #atter shou#d app#y the #aw du#y enacted &y the #e3is#ative department of the 9epu&#ic. No forei3n #aw may or shou#d interfere with its operation and app#ication. Private respondent was &orn in San 8rancisco Ca#ifornia on Septem&er 0 1!.. of 8i#ipino parents. Since the Phi#ippines adheres to the princip#e of @us san3uinis whi#e the 5nited States fo##ows the doctrine of @us so#i the parties a3ree that at &irth at #east he was a nationa# &oth of the Phi#ippines and of the 5nited States. ;owever the C6ME7EC en &anc he#d that &y participatin3 in Phi#ippine e#ections in 1!!1 1!!. and 1!!" private respondent >effective#y renounced his 5.S. citizenship under American #aw A so that now he is so#e#y a Phi#ippine nationa#.
1 <1= $hose &orn of 8i#ipino fathers andHor mothers in forei3n countries which fo##ow the princip#e of @us so#i/ <1= $hose &orn in the Phi#ippines of 8i#ipino mothers and a#ien fathers if &y the #aws of their fathersG country such chi#dren are citizens of that country/ <-= $hose who marry a#iens if &y the #aws of the #atterGs country the former are considered citizens un#ess &y their act or omission they are deemed to have renounced Phi#ippine citizenship. $here may &e other situations in which a citizen of the Phi#ippines may without performin3 any act &e a#so a citizen of another state/ &ut the a&ove cases are c#ear#y possi&#e 3iven the constitutiona# provisions on citizenship.

)n ho#din3 that &y votin3 in Phi#ippine e#ections private respondent renounced his American citizenship the C6ME7EC must have in mind D-0! of the )mmi3ration and Nationa#ity Act of the 5nited States which provided that >A person who is a nationa# of the 5nited States whether &y &irth or natura#ization sha## #ose his nationa#ity &y* . . . <e= 'otin3 in a po#itica# e#ection in a forei3n state or participatin3 in an e#ection or p#e&iscite to determine the soverei3nty over forei3n territory.A $o &e sure this provision was dec#ared unconstitutiona# &y the 5.S. Supreme Court in Afroyim v. 9usk as &eyond the power 3iven to the 5.S. Con3ress to re3u#ate forei3n re#ations. ;owever &y fi#in3 a certificate of candidacy when he ran for his present post private respondent e#ected Phi#ippine citizenship and in effect renounced his American citizenship. 5nti# the fi#in3 of his certificate of candidacy on March 11 1!!" he had dua# citizenship. $he acts attri&uted to him that he ho#ds an American passport to trave# to the 5nited States on Apri# 11 1!!2 can &e considered simp#y as the assertion of his American nationa#ity &efore the termination of his American citizenship. By dec#arin3 in his certificate of candidacy that he is a 8i#ipino citizen/ that he is not a permanent resident or immi3rant of another country/ that he wi## defend and support the Constitution of the Phi#ippines and &ear true faith and a##e3iance thereto and that he does so without menta# reservation private respondent has as far as the #aws of this country are concerned effective#y repudiated his American citizenship and anythin3 which he may have said &efore as a dua# citizen. Private respondentGs oath of a##e3iance to the Phi#ippines when considered with the fact that he has spent his youth and adu#thood received his education practiced his profession as an artist and taken part in past e#ections in this country #eaves no dou&t of his e#ection of Phi#ippine citizenship. ;is dec#arations wi## &e taken upon the faith that he wi## fu#fi## his undertakin3 made under oath. Shou#d he &etray that trust there are enou3h sanctions for dec#arin3 the #oss of his Phi#ippine citizenship throu3h e?patriation in appropriate proceedin3s. DIS&OSITI'E% Petition for certiorari is ()SM)SSE( for #ack of merit.