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citizenship” is disqualified from running for any elective local position. In Mercado v.
Manzano, 367 Phil. 132 (1999), it was clarified that the phrase “dual citizenship” in said
Section 4(d) must be understood as referring to “dual allegiance.” Subsequently,
Congress enacted RA 9225 allowing natural-born citizens of the Philippines who have
lost their Philippine citizenship by reason of their naturalization abroad to reacquire
Philippine citizenship and to enjoy full civil and political rights upon compliance with the
requirements of the law. They may now run for public office in the Philippines provided
that they: (1) meet the qualifications for holding such public office as required by the
Constitution and existing laws; and, (2) make a personal and sworn renunciation of any
and all foreign citizenships before any public officer authorized to administer an oath
prior to or at the time of filing of their COC (Sec. 5 (2)).
Dual citizen is disqualified from running as mayor; votes cast in his favor
counted for his opponent.
Once again, in Agustin v. COMELEC, et al GR No. 207105, November 10, 2015,
Bersamin, J, where petitioner filed his certificate of candidacy for Mayor of Marcos,
Ilocos Norte stating that he is a natural born Filipino citizen and has been a resident for
25 years in the place. Respondent filed a petition to deny due course and/or
cancellation of the COC on the ground of material misrepresentation as he has not
resided in the place for 25 years. The COMELEC’s Second Division denied the petition,
but on motion for reconsideration, respondent submitted to the COMELEC a certification
that petitioner used his US passport after renouncing his US citizenship. The
COMELEC en banc cancelled his COC. He filed a Motion for Reconsideration which is
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prohibited under the COMELEC Rules. The SC ruled that he is not qualified to run
being a dual citizen. With his disqualification having been determined and pronounced
by final judgment before the elections, the votes cast in his favor should not be counted.
Accordingly, his rival, respondent Pillos, should be proclaimed duly elected Mayor for
obtaining the highest number of votes in the elections.
A valid COC arises upon the timely filing of a person’s declaration of his intention
to run for public office and his affirmation that he possesses the eligibility for the position
he seeks to assume. The valid COC renders the person making the declaration a valid
or official candidate (Talaga v. COMELEC GR No. 196804 and GR No. 197015, October
9, 2012, 683 SCRA 197, 231; Agustin v. COMELEC, et al, GR No. 207105, November
10, 2015, Bersamin, J).
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