Dual Citizenship and Public Office: When Using a Foreign Passport Disqualifies a Candidate

The Supreme Court's 2013 ruling in Maquiling v. COMELEC clarifies a critical point for naturalized Filipinos who wish to run for public office: renouncing foreign citizenship is not a mere formality. The case of Rommel Arnado, who reacquired his Philippine citizenship but continued using his US passport, demonstrates that a candidate's actions after renunciation can undo the legal effect of that oath — and cost them the office they seek.

The Facts of the Case

Rommel Arnado was a natural-born Filipino who later became a US citizen, thereby losing his Philippine citizenship. In 2008, he applied for repatriation under Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003) and took his Oath of Allegiance to the Republic. On 3 April 2009, he executed an Affidavit of Renunciation of his US citizenship, as required by law for those seeking elective office.

On 30 November 2009, Arnado filed his Certificate of Candidacy for Mayor of Kauswagan, Lanao del Norte. A rival candidate, Linog Balua, sought to disqualify him, presenting evidence that Arnado had used his US passport to travel in and out of the Philippines several times — including four times between his renunciation on 3 April 2009 and the filing of his certificate of candidacy.

The COMELEC First Division disqualified Arnado, ruling that his continued use of the US passport negated his Affidavit of Renunciation. The COMELEC En Banc reversed, holding that using a foreign passport does not "un-renounce" an earlier renunciation. Casan Macode Maquiling, the second-place candidate, elevated the case to the Supreme Court.

The Issue

The central question: does the use of a foreign passport after renouncing foreign citizenship affect one's qualifications to run for public office?

The Ruling

The Supreme Court ruled in favor of Maquiling, holding that Arnado's use of his US passport after renouncing his American citizenship effectively recanted his Oath of Renunciation. Under Republic Act No. 9225, those who retain or re-acquire Philippine citizenship must meet the qualifications for holding public office required by the Constitution and existing laws. The Court emphasized that the renunciation of foreign citizenship is not a hollow oath that can be professed at one moment and violated the next.

While the use of a foreign passport does not divest a person of Philippine citizenship reacquired through repatriation, it does revert the person to the status of a dual citizen. Under the Local Government Code, dual citizens are disqualified from running for local elective positions. The Court noted that Arnado was "solely and exclusively a Filipino citizen only for a period of eleven days" — from his renunciation on 3 April 2009 until he first used his US passport on 14 April 2009.

The Court distinguished this situation from dual citizens by birth, who are not required to execute a sworn renunciation because the filing of a certificate of candidacy carries an implied renunciation. For those who acquired foreign citizenship through naturalization, the renunciation requirement is express and continuing.

The Second-Placer Rule

The Court also addressed whether Maquiling, as the second-place finisher, could be proclaimed the winner. It re-examined the doctrine from Topacio v. Paredes (1912), which held that "the wreath of victory cannot be transferred from an ineligible candidate to any other candidate." The Court clarified that this phrase was merely obiter dictum — not the actual ruling of that case. The Court allowed Maquiling's intervention under the Electoral Reforms Law of 1987, which permits intervention in disqualification proceedings before final judgment.

Practical Takeaways

• Renunciation must be genuine and continuing. Executing an Affidavit of Renunciation is only the beginning. Any subsequent act that represents the candidate as a foreign citizen — such as using a foreign passport — can disqualify them from public office.
• Citizenship is a continuing qualification. It must be possessed not only at the time of filing the certificate of candidacy but throughout the candidate's entire tenure.
• Dual citizens by naturalization face stricter requirements. Unlike dual citizens by birth, they must personally and expressly renounce their foreign citizenship to qualify for elective office.
• Using a foreign passport after renunciation reverts the candidate to dual citizen status. This triggers the disqualification under the Local Government Code.
• A second-place candidate may have legal standing. The second-placer rule is not absolute, and intervention in disqualification cases may be allowed before final judgment.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.