MERCADO versus MANZANO (307 SCRA 630)

Dual citizenship vs. Dual allegiance case

MERCADO versus MANZANO (307 SCRA 630)

Facts:

Respondent Eduardo Manzano won as vice mayor of Makati City in the May 1998 elections.

However, upon petition of a certain Ernesto Mamaril, the COC of Manzano was cancelled by COMELEC on the ground that he is a dual citizen.

Issue:

Whether or not private respondent is qualified to hold office as Vice-Mayor.

Held:

Yes. Private respondent Manzano was qualified to run for the position of vice mayor of Makati. The COMELEC en banc held that Manzano acquired US citizenship by operation of the United States Constitution and laws under the principle of jus soli. He was issued an alien certificate of registration. This, however, did not result in the loss of his Philippine citizenship since he did not take an oath of allegiance to the United States. It is an undisputed fact that when Manzano attained the age of majority, he registered himself as a voter, and voted in the elections of 1992, 1995 and 1998, which effectively renounced his US citizenship under American law. 

According to Article IV Section 5 of the 1987 Philippine Constitution provides that dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Dual citizenship is not dual allegiance; as such dual allegiance and not dual citizenship shall be dealt with by the law.