Ernesto Mercado vs. Eduardo Barrios Manzano and COMELEC
G.R. No. 135083, May 26, 1996.
Mercado and Manzano were candidates for vice mayor of the City of Makati. Manzano won the election but his proclamation was suspended in view of a pending petition for disqualification filed by a certain Ernesto Mamaril who alleged he was not a citizen of the Philippines but of the United States.
- The disqualification of private respondent Manzano is being sought under §40 of the Local Government Code of 1991 which provides that “those who have dual citizenship are disqualified from running for any elective local position”.
- He argues that merely taking part in Philippine elections is not sufficient evidence of renunciation of U.S. citizenship
Manzano was born in San Francisco, California, U.S.A. He acquired US citizenship by operation of the United States Constitution and laws under the principle of jussoli. He was also a natural born Filipino citizen by operation of the 1935 Philippine Constitution, as his father and mother were Filipinos at the time of his birth. He is registered as an American citizen in the Bureau of Immigration and Deportation and holds an American passport which he used in his last travel to the United States on April 22, 1997.
COMELEC granted the petition of Mamaril and ordered the cancellation of the certificate of candidacy of private respondent on the ground that he is a dual citizen. In a motion for reconsideration the COMELEC enbanc reversed the ruling.
- Whether or not dual citizenship is a ground for disqualification.
- Whether or not Manzano is disqualified to run.
(1) Dual citizenship is different from dual allegiance. Dual citizenship is 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. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition.
Instances for the following classes of citizens of the Philippines to possess dual citizenship:
- Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
- Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country such children are citizens of that country;
- Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship.
(2) No, the phrase “dual citizenship” in R.A. No. 7160, §40(d) and in R.A. No. 7854, §20 must be understood as referring to “dual allegiance.” Consequently, persons with mere dual citizenship do not fall under this disqualification.
The filing of such certificate of candidacy sufficed to renounce his American citizenship, effectively removing any disqualification he might have as a dual citizen.To recapitulate, by declaring in his certificate of candidacy that he is a Filipino citizen; that he is not a permanent resident or immigrant of another country; that he will defend and support the Constitution of the Philippines and bear true faith and allegiance thereto and that he does so without mental reservation, private respondent has, as far as the laws of this country are concerned, effectively repudiated his American citizenship and anything which he may have said before as a dual citizen.
Please check out our tags for more case digests!
abuse of rights Administrative Law Agency alteration Article 19 Article 26 of the Family Code article 36 Article 148 of the Family Code Article 153 of the Family Code Bill of Rights capacity to contract marriage Case Digest Chain of Custody Civil Code civil law Civil Procedure commercial law Company Policies Conflicts of Law Constitutional Law Constitutional Rights of Employers and Employees Corporate Law court of appeals Credit Card Credit Transactions criminal law criminal procedure Different Kind Of Obligations dismissal divorce Donation Dreamwork easements ec2 Effect of Partial payment ejusdem generis Election Law Eminent Domain Employee’s Rights evidence Expropriation Extinguishment of Obligations – Compensation family code family home Federico O Borromeo Inc Foreclosure foreign divorce forgery G.R. No. 107019 G.R. No. 119122 Government Service Insurance System Injunction instagram Insurable Interest Insurance Intellectual Property japan Judicial review Just Compensation L-26002 labor law Law School Local Government Code marriage NAIA Terminal 3 National Labor Relations Commission negotiable instrument Oblicon Obligation and Contracts Payment through Agent Persons and Family Relations Philippine Airlines Philippine Airlines Inc. Philippine Basketball Association Philippine citizenship Police power Political Law Ponente Premium Payment programming property Provisional Remedies Psychological Incapacity public officers R.S. Tomas Inc. Reinsurance Remedial Law Residence Rights to Security of Tenure and Due Process San Miguel Properties security Seven (7) Cardinal Rights of Workers shrines Social justice Sources of Labor Rights and Obligations Succession Taxation Law temple tokyo TYPES of Employees