Dual Citizens and Elective Office: The Sworn Renunciation Requirement Under R.A. 9225

The Supreme Court has clarified a critical rule for Filipino dual citizens who wish to run for public office: re-acquiring Filipino citizenship is not enough. To be a valid candidate, one must also make a personal and sworn renunciation of all foreign citizenship at the time of filing the certificate of candidacy. This ruling, in Lopez v. Commission on Elections (G.R. No. 182701, July 23, 2008), underscores that the requirements for candidacy are strict and cannot be cured by winning the election.

The Case: A Barangay Chairman Disqualified

Eusebio Eugenio K. Lopez ran for Barangay Chairman in San Dionisio, Iloilo City in the October 2007 Barangay and Sangguniang Kabataan elections. A rival candidate, Tessie Villanueva, sought his disqualification, arguing that Lopez was an American citizen and therefore ineligible to run.

Lopez admitted he was a dual citizen—Filipino and American—by virtue of Republic Act No. 9225, the Citizenship Retention and Re-acquisition Act of 2003. He had re-acquired his Filipino citizenship and had returned to reside in the Philippines. Despite winning the election and taking his oath, the COMELEC disqualified him. The Supreme Court affirmed this decision.

The Issue: What Does “Renunciation” Require?

The central question was whether Lopez had validly renounced his American citizenship. Lopez argued that his mere filing of a certificate of candidacy should be treated as an effective renunciation, citing an earlier case, Valles v. COMELEC (G.R. No. 137000, August 9, 2000).

The Court disagreed. It distinguished Valles on two grounds. First, the candidate in Valles was a dual citizen by accident of birth—born to Filipino parents in a country that grants citizenship by birthplace—and had never voluntarily sworn allegiance to another state. Lopez, by contrast, was born Filipino but deliberately sought American citizenship and renounced his Filipino citizenship before later re-acquiring it.

The Rule: Section 5 of R.A. 9225

More importantly, the Court noted that Valles was decided in 2000, before R.A. 9225 was enacted in 2003. The new law expressly governs this situation. Section 5 of R.A. 9225 states that those who re-acquire Filipino citizenship enjoy full civil and political rights, but with specific conditions. For those seeking elective public office, one condition is explicit: at the time of filing the certificate of candidacy, the candidate must make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.

The Court emphasized that this renunciation must be contained in an affidavit, executed before an authorized officer, and must state in clear and unequivocal terms that the person is renouncing all foreign citizenship. In Lopez’s case, there was no evidence of such an affidavit. His oath of allegiance to the Philippines, taken before a consular official when he re-acquired citizenship, was not enough to satisfy the separate and additional requirement for candidacy.

Winning the Election Does Not Cure the Defect

Lopez also argued that his victory at the polls should validate his candidacy. The Court rejected this. It held that winning the most votes does not cure the defect of a disqualified candidate. The constitutional and statutory rules on disqualification are not subject to a popularity contest. A candidate who fails to comply with the law cannot assume office, regardless of the election result.

Practical Takeaways

• Dual citizens must act affirmatively. Re-acquiring Filipino citizenship under R.A. 9225 does not automatically make one eligible for public office.
• The renunciation must be personal and sworn. A general oath of allegiance to the Philippines is not a substitute. The law requires a separate, explicit affidavit renouncing all foreign citizenship.
• Timing matters. The sworn renunciation must be made at the time of filing the certificate of candidacy, not later.
• Compliance is strictly enforced. Even a winning candidate can be disqualified if the requirement is not met. The defect is not cured by the election result.
• The rule applies to all elective positions. The requirement in Section 5 of R.A. 9225 covers those seeking any elective public office in the Philippines.

For anyone holding dual citizenship who plans to run for office, the lesson is clear: follow the letter of the law. Secure the required sworn renunciation before filing the certificate of candidacy, and keep proper documentation. Failure to do so can nullify an otherwise successful campaign.

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