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    Mercado V Manzano, 307 SCRA 630 (Art. 4, Dual Citizenship, Dual Allegiance and Foundling)

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    christimyv
    Y was a candidate for vice mayor but his proclamation was suspended due to a petition alleging he was a dual citizen of the Philippines and United States. The COMELEC initially granted the petition and disqualified Y, but later reversed its decision. It ruled that Y was a natural born Filipino citizen under the 1935 Constitution since his parents were Filipinos. The Court emphasized that dual citizenship alone does not equal dual allegiance. By electing Philippine citizenship in his candidacy certificate, Y effectively renounced his U.S. citizenship and removed any disqualification as a dual citizen. Therefore, the petition seeking to invalidate Y's proclamation as vice mayor was dismissed.

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    Mercado V Manzano, 307 SCRA 630 (Art. 4, Dual Citizenship, Dual Allegiance and Foundling)

    Uploaded by

    christimyv
    120 views1 page
    Y was a candidate for vice mayor but his proclamation was suspended due to a petition alleging he was a dual citizen of the Philippines and United States. The COMELEC initially granted the petition and disqualified Y, but later reversed its decision. It ruled that Y was a natural born Filipino citizen under the 1935 Constitution since his parents were Filipinos. The Court emphasized that dual citizenship alone does not equal dual allegiance. By electing Philippine citizenship in his candidacy certificate, Y effectively renounced his U.S. citizenship and removed any disqualification as a dual citizen. Therefore, the petition seeking to invalidate Y's proclamation as vice mayor was dismissed.

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    Mercado v Manzano

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    Mercado v Manzano

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    Y was a candidate for vice mayor but his proclamation was suspended due to a petition alleging he was a dual citizen of the Philippines and United States. The COMELEC initially granted the petition and disqualified Y, but later reversed its decision. It ruled that Y was a natural born Filipino citizen under the 1935 Constitution since his parents were Filipinos. The Court emphasized that dual citizenship alone does not equal dual allegiance. By electing Philippine citizenship in his candidacy certificate, Y effectively renounced his U.S. citizenship and removed any disqualification as a dual citizen. Therefore, the petition seeking to invalidate Y's proclamation as vice mayor was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    120 views1 page

    Mercado V Manzano, 307 SCRA 630 (Art. 4, Dual Citizenship, Dual Allegiance and Foundling)

    Uploaded by

    christimyv
    Y was a candidate for vice mayor but his proclamation was suspended due to a petition alleging he was a dual citizen of the Philippines and United States. The COMELEC initially granted the petition and disqualified Y, but later reversed its decision. It ruled that Y was a natural born Filipino citizen under the 1935 Constitution since his parents were Filipinos. The Court emphasized that dual citizenship alone does not equal dual allegiance. By electing Philippine citizenship in his candidacy certificate, Y effectively renounced his U.S. citizenship and removed any disqualification as a dual citizen. Therefore, the petition seeking to invalidate Y's proclamation as vice mayor was dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Mercado v Manzano, 307 SCRA 630 (Art.

    4, Dual Citizenship, Dual Allegiance and Foundling)

    QUESTION:
    X and Y were candidates for vice mayor of the City of Makati in the 1998 elections. Y eventually won the
    elections. However, the proclamation of Y was suspended in view of a pending petition for disqualification
    filed by Z who alleged that Y was not a citizen of the Philippines but of the United States. The Second
    Division of the COMELEC granted the petition of Z and ordered the cancellation of the certificate of
    candidacy of Y on the ground that he is a dual citizen and, under the Local Government Code of 1991,
    persons with dual citizenship are disqualified from running for any elective position. A motion for
    reconsideration was filed by X but it has remained pending until after the election was held. The COMELEC
    en banc rendered its resolution. It reversed the ruling of its Second Division and declared Y qualified to
    run for vice mayor on the ground that Y 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. Pursuant to the
    resolution of the COMELEC en banc, Y was proclaimed as vice mayor of Makati. X filed a petition for
    certiorari seeking to set aside the resolution of the COMELEC en banc and to declare Y disqualified to hold
    the office of the vice mayor of Makati. Decide.

    ANSWER:
    The petition is untenable.

    In the case of Mercado vs. Manzano, the Court emphasized that dual citizenship is different from dual
    allegiance.

    Dual citizenship arises when, as 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. For instance, such a situation
    may arise when a person whose parents are citizens of a state which adheres to the principle of jus
    sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and without
    any voluntary act on his part, is concurrently considered a citizen of both states. Considering the
    citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of citizens of the
    Philippines to possess dual citizenship: (1) Those born of Filipino fathers and/or mothers in foreign
    countries which follow the principle of jus soli; (2) 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; (3) 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. 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.
    With respect to dual allegiance, Article IV, Section 5 of the Constitution provides: "Dual allegiance of
    citizens is inimical to the national interest and shall be dealt with by law." The court further said that
    candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they
    elect Philippine citizenship to terminate their status as persons with dual citizenship considering that their
    condition is the unavoidable consequence of conflicting laws of different states.

    In the case at bar, Y is a dual citizen because he was born of a Filipino father and a Filipino mother in the
    United States which follows the principle of jus soli. His registration as an American citizen does not mean
    he lost his Filipino citizenship as the Philippines adheres to the principle of jus sanguinis. Further, Y elected
    Philippine citizenship in his certificate of candidacy and in effect renounced his American citizenship. The
    filing of such certificate of candidacy sufficed to renounce his American citizenship, effectively removing
    any disqualification he might have as a dual citizen.

    Thus, Y is allowed to seat as the vice-mayor and the petition for certiorari shall be dismissed.

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