The Sovereign’s Covenant and the People’s Dissent in GR 245981 Caguioa
March 22, 2026[The Finality of Judicial Review and Procedural Substance Over Form in GR 257453]
March 22, 2026[The Inapplicability of RA 9225 to Natural-Born Dual Citizens in GR 257453 Lazaro-Javier]
The concurring opinion of Justice Lazaro-Javier in G.R. No. 257453 centers on a critical legal distinction in Philippine citizenship law. The case involved the disqualification of Mariz Lindsey Tan Gana-Carait, who was born in the Philippines but also possessed American citizenship by virtue of birth in the United States. The core issue was whether her use of an American passport and her status as a dual citizen constituted a material misrepresentation in her Certificate of Candidacy. Justice Lazaro-Javier concurred with the majority’s decision to disqualify Gana-Carait, but the snippet highlights her key legal argument: Republic Act No. 9225, or the Citizenship Retention and Reacquisition Act of 2003, does not apply to individuals like Gana-Carait who were natural-born Filipinos and acquired foreign citizenship automatically by operation of foreign law (in this case, by birth in the U.S.). The law governs those who voluntarily renounced Philippine citizenship, a deliberate act Gana-Carait did not perform.
This legal nuance separates the procedural requirements for different classes of dual citizens. For those who naturalized as foreign citizens, RA 9225 provides the path to regain Philippine citizenship and the right to run for office by taking an oath of allegiance. In contrast, a natural-born Filipino who never formally renounced citizenship but automatically gained another at birth occupies a different legal position. However, as the opinion notes, the Comelec found evidence that Gana-Carait did perform positive acts affirming her American citizenship, such as applying for and using an American passport. These voluntary acts, rather than her dual status per se, became central to the finding of material misrepresentation regarding her eligibility.
Ultimately, Justice Lazaro-Javier’s concurrence underscores a fundamental principle in Philippine election law: eligibility requirements are strictly construed. While the mode of acquiring dual citizenship is legally significant, any subsequent voluntary act that affirms foreign citizenship can be deemed inconsistent with the sworn declaration of being a “Filipino citizen” eligible for elective office. The opinion reinforces that the right to run for public office is not merely a function of citizenship status but is contingent upon complying with specific, non-negotiable legal conditions designed to ensure unwavering allegiance to the Republic.
SOURCE: GR 257453 Lazaro Javier