MERCADO v.

MANZANO FACTS: On the May 11, 1998 elections for vice-mayoralty of Makati City, three candidates competed for the post: Eduardo B. Manzano, Ernesto S. Mercado, and Gabriel V. Daza III. Manzano won the elections but his proclamation was suspended due to a pending petition for disqualification filed by a certain Ernesto Mamaril alleging that Manzano was an American citizen (he was born September 4, 1955 in San Francisco, California, USA to Filipino parents) The disqualification of private respondent Manzano is being sought under Section 40(d) of the Local Government Code of 1991 (R.A. No. 7160), which declares as disqualified from running for any elective local position: . . . (d) Those with dual citizenship. This provision is incorporated in the Charter of the City of Makati. On May 7, 1998, the Second Division of the COMELEC cancelled the certificate of candidacy of Manzano on the grounds of his dual-citizenship, which disqualifies him according to Section 40(d) of the Local Government Code. Manzano filed a motion for reconsideration. Mercado sought to intervene in the case for disqualification. Manzano opposed the motion to intervene. The motion was unresolved. But on August 31, 1998, the COMELEC en banc (with 1 commissioner abstaining) reversed the Second Divisions ruling on the cancellation of the certificate of candidacy and directing the proclamation of Manzano as winner, sa ying: Manzano, being born in the USA, obtained US citizenship by operation of the US constitution and laws under principle of jus soli (basis is place of birth).Yet, by being born to Filipino parents, Manzano natural born Filipino citizen, by operation of the 1935 Philippine Constitution and laws under principle jus sanguinis (the right of blood). Although he is registered as an alien with the Philippine Bureau of Immigration and holds and American passport, he has not lost his Filipino citizenship since he has not renounced it and has not taken an oath of allegiance to the USA. Manzano, after the age of majority, registered himself as a voter and voted in the 1992, 1995, and 1998 Philippine elections which effectively renounced his US citizenship under American law. Under Philippine law, he no longer had US citizenship. Private respondent Manzano was then proclaimed as vice-mayor of Makati City. ISSUE: WON respondent Manzano is a dual citizen and if so, WON he is disqualified from being a candidate for vice-mayor in Makati City. HELD: No RATIO: The Court said that dual citizenship is different from dual allegiance. Dual citizenship is involuntary; it arises out of circumstances of birth or marriage, where a person is recognized to be a national by two or more states. Dual allegiance is a result of a persons volition; it is a situation wherein a person simultaneously owes, by some positive act, loyalty to two or more states. In Sec.5 Article IV of the Constitution on Citizenship, the concern was not with dual citizenship per se, but with naturalized citizens who maintain allegiance to their countries of origin even after naturalization. Hence, the phrase dual citizenship in R.A. No. 7160, Section 40(d) and in R.A. No. 7854, Section 20 must be understood as referring to dual allegiance. Consequently, persons with mere dual citizenship do not fall under this disqualification. It should suffice that upon filing of certificates for candidacy, such persons with dual citizenships have elected their Philippine citizenship to terminate their dual citizenship. In private respondents certificate of candidacy, he made these statements under oath on March 27, 1998: I am a Filipino citizenNatural-born. I am not a permanent resident of, or immigrant to , a foreign country. I am eligible for the office I seek to be elected. I will support and defend the Constitution of the Phili ppines and will maintain true faith and allegiance thereto The filing of such certificate of candidacy sufficed to renounce his American citizenship, effectively removing any disqualification he might have as a dual-citizen. Manzanos oath of allegiance, together with the fact he has spent his life here, received his education here, and practiced his profession here, and has taken part in past Philippine elections, leaves no doubt of his election of Philippine citizenship.