MERCADO v MANZANO The COMELEC en banc reversed the ruling of

its Second Division and declared Manzano

qualified to run for vice mayor of the City of
Facts:
Makati. Pursuant to the resolution of the
COMELEC en banc, the board of canvassers
Petitioner Ernesto Mercado and private
proclaimed Manzano as vice mayor of the
respondent Eduardo Manzano were
City of Makati.
candidates for vice mayor of the City of
Makati in the May 11, 1998 elections. The
Hence, the present petition for certiorari
other one was Gabriel V. Daza III.
seeking to set aside the resolution of the
COMELEC en banc and to declare Manzano
Respondent Eduardo Manzano obtained the
disqualified to hold the office of vice mayor
highest number of votes. However, his
of Makati City. Manzano, in turn, questions
proclamation was suspended in view of a
the legal standing of Mercado to bring this
pending petition for disqualification filed by a
suit considering that he was not an original
certain Ernesto Mamaril who alleged that
party in the case for disqualification filed by
Manzano is an American citizen based on the
Ernesto Mamaril.
record of the Bureau of Immigration and
misrepresented himself as a natural-born
Held:
Filipino citizen.
Legal standing of Mercado, as rival
Manzano admitted that he is registered as a
candidate, to intervene in the
foreigner with the Bureau of Immigration
disqualification case of Manazano
under Alien Certificate of Registration No. B-
when no winner is proclaimed yet.
31632 and alleged that he is a Filipino citizen
because he was born in 1955 of a Filipino
1. Manzano argues that petitioner Mercado
father and a Filipino mother. He was born in
has neither legal interest in the matter in
the United States, San Francisco, California
litigation nor an interest to protect because
and is considered an American citizen under
he is a defeated candidate for the vice-
US Laws. But notwithstanding his registration
mayoralty post of Makati City who cannot be
as an American citizen, he did not lose his
proclaimed as the Vice-Mayor of Makati City
Filipino citizenship.
even if [Manzano] be ultimately disqualified
by final and executory judgment.
The Second Division of the COMELEC
granted the petition and ordered the
2. The flaw in this argument is it assumes
cancellation of the certificate of candidacy of
that, at the time Mercado sought to intervene
Manzano on the ground that he is a dual
in the proceedings before the COMELEC,
citizen and, under Sec 40(d) of the Local
there had already been a proclamation of the
Government Code, persons with dual
results of the election for the vice mayoralty
citizenship are disqualified from running for
contest for Makati City, on the basis of which
any elective positions.
Mercado came out only second to Manzano.
The fact, however, is that there had been no
proclamation at that time. instance, such a situation may arise when a
Certainly, Mercado had, and still has, an person whose parents are citizens of a state
interest in ousting Manzano from the race at which adheres to the principle of jus
the time he sought to intervene. sanguinis is born in a state which follows the
doctrine of jus soli. Such a person, ipso facto
3. The rule in Labo v. COMELEC, only and without any voluntary act on his part, is
applies to cases in which the election of the concurrently considered a citizen of both
respondent is contested, and the question is states.
whether one who placed second to the
disqualified candidate may be declared the 6. Considering the citizenship clause (Art.
winner. In the present case, at the time IV) of our Constitution, it is possible for the
Mercado filed a "Motion for Leave to File following classes of citizens of the Philippines
Intervention", there had been no to possess dual citizenship:
proclamation of the winner, and his purpose
was precisely to have private respondent (1) Those born of Filipino fathers and/or
disqualified. If Ernesto Mamaril (who mothers in foreign countries which follow the
originally instituted the disqualification principle of jus soli;
proceedings), a registered voter of Makati
City, was competent to bring the action, so (2) Those born in the Philippines of Filipino
was Mercado since the latter was a rival mothers and alien fathers if by the laws of
candidate for vice mayor of Makati City. their fathers' country such children are
citizens of that country;
4. Nor is Mercado's interest in the matter in
litigation any less because he filed a motion (3) Those who marry aliens if by the laws of
for intervention only on May 20, 1998, after the latter's country the former are considered
private respondent had been shown to have citizens, unless by their act or omission they
garnered the highest number of votes among are deemed to have renounced Philippine
the candidates for vice mayor. Under Section citizenship.
6 of R.A. No. 6646 (Electoral Reforms Law of
1987), intervention may be allowed in 7. There may be other situations in which a
proceedings for disqualification even citizen of the Philippines may, without
after election if there has yet been no final performing any act, be also a citizen of
judgment rendered. another state; but the above cases are
clearly possible given the constitutional
Dual citizenship vs. Dual allegiance provisions on citizenship.

5. To begin with, dual citizenship is different 8. While dual citizenship is involuntary, dual
from dual allegiance. The former arises allegiance is the result of an individual's
when, as a result of the concurrent volition.
application of the different laws of two or
more states, a person is simultaneously Dual citizenship, as a ground for
considered a national by the said states. For disqualification, refers to dual
allegiance allegiance to the other country of which they
are also citizens and thereby terminate their
9. The disqualification of Manzano is being status as dual citizens. It may be that, from
sought under Sec 40 of the Local the point of view of the foreign state and of
Government Code of 1991 (R.A. No. 7160), its laws, such an individual has not effectively
which declares as "disqualified from running renounced his foreign citizenship.
for any elective local position: . . . (d) Those
with dual citizenship." This provision is Manzano effectively elected Philippine
incorporated in the Charter of the City of citizenship and renounced his American
Makati citizenship, not by his act of voting in
prior elections, by by his filing of
10. Article IV, Section 5 of the Constitution certificate of candidacy
provides: "Dual allegiance of citizens is
inimical to the national interest and shall be 13. Manzano was born in San Francisco,
dealt with by law." In including such California on September 4, 1955, of Filipino
provision, the concern of the Constitutional parents. Since the Philippines adheres to the
Commission was not with dual citizens per se principle of jus sanguinis, while the United
but with naturalized citizens who maintain States follows the doctrine of jus soli, at
their allegiance to their countries of origin birth, he was a national both of the
even after their naturalization. Hence,the Philippines and of the United States.
phrase "dual citizenship" in R.A. No. 7160,
Sec 40(d) and in R.A. No. 7854, Sec 20 must 14. The COMELEC en banc held that, by
be understood as referring to "dual participating in Philippine elections in 1992,
allegiance." 1995, and 1998, Manzano "effectively
renounced his U.S. citizenship under
11. Consequently, persons with mere dual American law," so that now he is solely a
citizenship do not fall under this Philippine national. In holding that by voting
disqualification. Unlike those with dual in Philippine elections, Manzano renounced
allegiance, who must, therefore, be subject his American citizenship, the COMELEC must
to strict process with respect to the have in mind Sec 349 of the Immigration and
termination of their status, for candidates Nationality Act of the United States, which
with dual citizenship,it should suffice if, provided that "A person who is a national of
upon the filing of their certificates of the United States, whether by birth or
candidacy, they elect Philippine naturalization, shall lose his nationality by: .
citizenship to terminate their status as . . (e) Voting in a political election in a foreign
persons with dual state or participating in an election or
citizenship considering that their condition plebiscite to determine the sovereignty over
is the unavoidable consequence of conflicting foreign territory." This provision was
laws of different states. declared unconstitutional by the U.S.
Supreme Court in Afroyim v. Ruskas beyond
12. By electing Philippine citizenship, such the power given to the U.S. Congress to
candidates at the same time forswear regulate foreign relations.
15. However, by filing a certificate of
candidacy when he ran for his present post,
Manzano elected Philippine citizenship and in
effect renounced his American citizenship.
By declaring under oath in his certificate of
candidacy that he is a Filipino citizen; that he
is not a permanent resident or immigrant of
another country; that he will defend and
support the Constitution of the Philippines
and bear true faith and allegiance thereto
and that he does so without mental
reservation, Manzano has, as far as the laws
of this country are concerned, effectively
repudiated his American
citizenship and effectively removing any
disqualification he might have as a dual
citizen.

16. Equally without merit is the contention

that, to be effective, such renunciation
should have been made upon private
respondent reaching the age of majority
since no law requires the election of
Philippine citizenship to be made upon
majority age.

17. Much is made of the fact that private

respondent admitted that he is registered as
an American citizen in the Bureau of
Immigration and Deportation and that he
holds an American passport which he used in
his last travel to the United States on April
22, 1997. There is no merit in this. Until the
filing of his certificate of candidacy on March
21, 1998, he had dual citizenship. The acts
attributed to him can be considered simply
as the assertion of his American nationality
before the termination of his American
citizenship.