MERCADO VS.

MANZANO AND COMELEC

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, saying:
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 Philippines 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.