EXPRESS RENUNCIATION OF FOREIGN CITIZENSHIP IS IMPORTANT!

Question: Are dual citizens qualified to run for elective positions in the Philippines?

Answer: No. Section 40 (d) of the Local Government expressly provides that those with dual citizenship are disqualified.

Question: Under Republic Act No. 9225 or otherwise known as the Citizenship Retention and Re-Acquisition Act of 2003, upon taking his oath of allegiance to the Republic of the Philippines, former natural-born Filipino citizens who subsequently become naturalized citizens of another country may reacquire their Filipino citizenship and retain their status as a natural-born.

After such taking of oath of allegiance, would one be now qualified to run for an elective position in the country?

Answer: No. The only effect of taking an oath of allegiance to the Republic of the Philippines is that he reacquires his lost Filipino citizenship and retains his being a natural-born. It will not ipso jure result to his renouncing his foreign citizenship. Therefore, he would be considered as a dual citizen and as such still disqualified pursuant to Section 40 (d) of the Local Government.

In order to qualify for an elective post, one must, in addition to taking an oath of allegiance, also expressly make a personal and sworn renunciation of his foreign citizenship.  RA 9225 provides as follows:

Section 5.  Civil and Political Rights and Liabilities. – Those who retain or re-acquire Philippine Citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities  under existing laws of the Philippines and the following conditions: 

x x x x

 (2)  Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.

The rulings Frivaldo v. Commission on Elections and Mercado v. Manzano that the filing by a person with dual citizenship of a certificate of candidacy, containing an oath of allegiance, constituted as a renunciation of his foreign citizenship no longer apply. 

Thus, in the case of ROSELLER DE GUZMAN vs. COMELEC, G.R. No.180048, June 19, 2009, the Supreme Court en banc ruled that mere filing of a certificate of candidacy does not ipso facto amount to a renunciation of his foreign citizenship under R.A. No. 9225. The renunciation of foreign citizenship does not necessarily come with the re-acquisition of Philippine citizenship as to qualify one to run for elective public position. 

In the case of TEODORA SOBEJANA-CONDON vs. COMELEC, G.R. No. 198742, August 10, 2012, the Supreme Court had the occasion to reiterate that failure to renounce foreign citizenship in accordance with the exact tenor of Section 5(2) of Republic Act (R.A.) No. 9225 renders a dual citizen ineligible to run for and thus hold any elective public office.