Dual Citizens Must Personally Renounce Foreign Citizenship to Run for Office

The Supreme Court has settled a critical question for Filipino dual citizens who wish to run for public office: merely re-acquiring Philippine citizenship is not enough. Under Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003, a dual citizen must make a personal and sworn renunciation of all foreign citizenship at the time of filing the certificate of candidacy. Failure to do so means disqualification, even if the candidate wins the election.

The case of Lopez v. Commission on Elections (G.R. No. 182701, July 23, 2008) clarifies this requirement and distinguishes it from earlier rulings that seemed more lenient.

The Facts of the Case

Eusebio Eugenio K. Lopez was born a Filipino but later deliberately sought and obtained American citizenship, thereby renouncing his Filipino citizenship. He subsequently re-acquired Philippine citizenship under R.A. No. 9225 by taking an oath of allegiance before the Vice Consul at the Philippine Consulate General's Office in Los Angeles, California.

In the October 29, 2007 Barangay and Sangguniang Kabataan Elections, Lopez ran for Chairman of Barangay Bagacay, San Dionisio, Iloilo City. He won the position. However, a rival candidate, Tessie P. Villanueva, filed a petition for disqualification, arguing that Lopez was an American citizen and therefore ineligible to run for public office.

The Commission on Elections (COMELEC) granted the disqualification petition, ruling that Lopez failed to comply with the mandatory renunciation requirement under Section 5 of R.A. No. 9225. Lopez elevated the matter to the Supreme Court.

The Issue

The central question was whether Lopez, a dual citizen who re-acquired Philippine citizenship under R.A. No. 9225, could validly run for elective office without executing a personal and sworn renunciation of his American citizenship.

The Ruling

The Supreme Court dismissed Lopez's petition, affirming the COMELEC's disqualification. The Court held that Section 5(2) of R.A. No. 9225 is explicit: those seeking elective public office must, at the time of filing the certificate of candidacy, "make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath."

Lopez failed to comply with this requirement. The Court noted that while he successfully re-acquired his Filipino citizenship by taking an oath of allegiance, that act alone was insufficient to qualify him as a candidate for elective office.

Distinguishing the Valles Ruling

Lopez relied on the earlier case of Valles v. Commission on Elections (G.R. No. 137000, August 9, 2000), which suggested that filing a certificate of candidacy could operate as an effective renunciation of foreign citizenship.

The Court, however, distinguished that case. In Valles, the candidate was a dual citizen by accident of birth on foreign soil — she was born of Filipino parents in Australia, a country following the principle of jus soli. She never performed any act to swear allegiance to a foreign country.

In contrast, Lopez was born a Filipino but deliberately sought American citizenship, renouncing his Filipino citizenship in the process. He only became a dual citizen later by re-acquiring his Filipino citizenship. More importantly, the Valles ruling was superseded by the enactment of R.A. No. 9225 in 2003, which expressly imposed the renunciation requirement.

Winning Votes Does Not Cure Disqualification

The Court also rejected the argument that Lopez's victory at the polls should validate his candidacy. It held that "garnering the most number of votes does not validate the election of a disqualified candidate because the application of the constitutional and statutory provisions on disqualification is not a matter of popularity."

Practical Takeaways

• Personal and sworn renunciation is mandatory. A dual citizen seeking elective office must execute a sworn renunciation of all foreign citizenship before a public officer authorized to administer an oath, at the time of filing the certificate of candidacy.
• Oath of allegiance is not enough. Re-acquiring Filipino citizenship under R.A. No. 9225 does not automatically qualify a person to run for public office. The renunciation requirement is separate and additional.
• The rule applies to all elective positions. The requirement applies to any elective public office, including barangay positions, not just national or local legislative posts.
• Distinguish between types of dual citizens. Those who became dual citizens by accident of birth may be treated differently from those who deliberately acquired foreign citizenship and later re-acquired Filipino citizenship.
• Winning does not cure the defect. A candidate who wins despite being disqualified cannot assume office; the disqualification invalidates the candidacy itself.

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