GR 135083; (May, 1999) (Digest)
G.R. No. 135083 May 26, 1999
ERNESTO S. MERCADO, petitioner, vs. EDUARDO BARRIOS MANZANO and the COMMISSION ON ELECTIONS, respondents.
FACTS
Petitioner Ernesto S. Mercado and private respondent Eduardo B. Manzano were candidates for Vice-Mayor of Makati in the May 11, 1998 elections. A petition for disqualification was filed against Manzano, alleging he was a dual citizen, being a natural-born Filipino by descent but also an American citizen by birth in the United States (jus soli). The COMELEC Second Division granted the petition, disqualifying Manzano under Section 40(d) of the Local Government Code, which bars persons with dual citizenship from running for local elective office. Manzano filed a motion for reconsideration. After the election, where Manzano garnered the highest votes, the COMELEC en banc reversed the Second Division. It ruled that Manzano, upon attaining majority, effectively renounced his American citizenship by registering and voting in Philippine elections, thus removing his dual citizenship disqualification. Manzano was subsequently proclaimed winner.
ISSUE
Whether or not Eduardo B. Manzano, a dual citizen by birth, is disqualified from running for and holding the elective office of Vice-Mayor of Makati under Section 40(d) of the Local Government Code.
RULING
The Supreme Court dismissed the petition and upheld Manzano’s qualification. The legal logic centers on the distinction between dual citizenship and dual allegiance. Dual citizenship arises from concurrent application of different laws (jus sanguinis and jus soli), as in Manzano’s case, and is generally involuntary. Dual allegiance implies a voluntary act of retaining foreign allegiance after acquiring another citizenship. Section 40(d) of the Local Government Code intends to disqualify individuals with dual allegiance, not mere dual citizenship. The constitutional provision condemning dual allegiance is distinct from recognizing involuntary dual citizenship. For a dual citizen like Manzano to be qualified, he must perform an act to renounce his foreign citizenship. The Court found that Manzano effectively renounced his American citizenship through his positive acts: registering as a voter and participating in Philippine elections. These acts constitute a clear election of Philippine citizenship and a renunciation of foreign allegiance, thereby removing the disqualification. The Court emphasized that election laws should be interpreted to give effect to the popular will, absent a clear constitutional or statutory breach.