G.R. No.

86564 August 1, 1989

RAMON L. LABO, JR., petitioner,

vs.
THE COMMISSION ON ELECTIONS (COMELEC) EN BANC AND LUIS L. LARDIZABAL, respondents

Facts:

In the case at bar, the petitioner was proclaimed mayor-elect of Baguio City, on January 20, 1988.
However, the petitioner before the election, was married to an Australian citizen. Thereafter, a petition
was filed by a private respondent in regards with his citizenship and that he must be disqualified in the
election. According to the petitioner's contention, his marriage to an Australian national did not
automatically divest him of Philippine citizenship is irrelevant. There is no claim or finding that he
automatically ceased to be a Filipino because of that marriage. He became a citizen of Australia because
he was naturalized as such through a formal and positive process, simplified in his case because he was
married to an Australian citizen. Moreover, the petitioner claims that his naturalization in Australia made
him only a dual national and did not divest him of his Philippine citizenship.

Issue:

Whether or not the petitioner retained his Filipino Citizenship? (No)

Ruling:

There is no claim or finding that he automatically ceased to be a Filipino because of that marriage. He
became a citizen of Australia because he was naturalized as such through a formal and positive process,
simplified in his case because he was married to an Australian citizen. As a condition for such
naturalization, he formally took the Oath of Allegiance and made the Affirmation of Allegiance. Moreover,
the petitioners, specious argument cannot stand against the clear provisions of Court of Appeals No. 63,
which enumerates the modes by which Philippine citizenship may be lost. Among these are, to wit: (1)
naturalization in a foreign country; express renunciation of citizenship; and subscribing to an oath of
allegiance to support the Constitution or laws of a foreign country, all of which are applicable to the
petitioner. It is also worth mentioning in this connection that under Article IV, Section 5, of the present
Constitution, "Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law."
Thus, was declared not a citizen of the Philippines and therefore disqualified from continuing to serve as
Mayor of Baguio City. He was ordered to vacate his office and surrendered it to the Vice-Mayor-elect of
Baguio City.