The Supreme Court ruled that a dual citizen seeking an elective post in the Philippines must explicitly renounce their foreign citizenship in a sworn statement before or when filing their candidacy. This decision clarifies that simply taking an oath of allegiance to the Philippines or filing a certificate of candidacy is insufficient. It ensures that candidates with dual citizenship unequivocally demonstrate their primary allegiance to the Philippines, maintaining the integrity and sovereignty of the electoral process. The ruling emphasizes the importance of adhering to the specific requirements outlined in Republic Act No. 9225 for those who have reacquired or retained their Philippine citizenship and wish to participate in Philippine elections.

The Vice-Mayor’s Dilemma: Dual Citizenship and Electoral Aspirations

The case revolves around Roseller De Guzman, who sought the vice-mayoralty of Guimba, Nueva Ecija, in the 2007 elections. De Guzman, originally a natural-born Filipino, became a naturalized American citizen. He later reacquired his Philippine citizenship under Republic Act No. 9225, the Citizenship Retention and Re-Acquisition Act of 2003. However, a petition for disqualification was filed against him, alleging that he remained a dual citizen because he had not formally renounced his American citizenship. The Commission on Elections (COMELEC) initially disqualified De Guzman, a decision which hinged on Section 5 of R.A. 9225.

Section 5 of R.A. 9225 outlines the civil and political rights of those who retain or re-acquire Philippine citizenship. Subparagraph (2) specifically addresses those seeking elective public office. It mandates that they must meet the qualifications for holding such office as required by the Constitution and existing laws. Crucially, it also requires a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath at the time of filing the certificate of candidacy. The COMELEC argued, and the Supreme Court agreed, that De Guzman’s oath of allegiance, while sufficient for reacquiring citizenship, did not satisfy the separate requirement of renouncing foreign citizenship for electoral candidacy.

This interpretation aligns with the intent of the law. The intent ensures that individuals seeking public office demonstrate an unequivocal commitment to the Philippines. This requirement adds a layer of certainty, preventing any potential conflicts of interest arising from dual allegiances. The Supreme Court underscored that the oath of allegiance in the Certificate of Candidacy did not suffice as the renunciation sought by R.A. 9225. This point was further illustrated by referencing discussions during the law’s drafting, where legislators emphasized the need for a distinct renunciation, apart from the oath of allegiance. The court clarified that to qualify as a candidate in Philippine elections, Filipinos must possess only one citizenship—Philippine citizenship.

The ruling directly impacts natural-born Filipinos who have become naturalized citizens of other countries. These individuals can reacquire their Philippine citizenship. However, if they aspire to hold elective office, they must take an additional step: formally renounce their foreign citizenship. Failure to do so will result in disqualification. In the instant case, even though De Guzman won the election protest, the Supreme Court ultimately affirmed the COMELEC’s disqualification order. He did not comply with the requirement of renouncing his U.S. citizenship, hence he was declared ineligible to hold the office of Vice-Mayor.

The Court distinguished this case from earlier decisions such as Frivaldo v. Commission on Elections and Mercado v. Manzano, stating that those rulings did not apply because R.A. 9225 now provides more stringent requirements. The current law requires not just meeting constitutional qualifications, but also a personal and sworn renunciation of any foreign citizenship, which De Guzman failed to do.

The requirement to renounce foreign citizenship has sparked discussion on whether such prerequisite violates rights. Balancing an individual’s right to run for public office with ensuring sole allegiance to the Philippines. Future cases will further define and clarify the nuances of R.A. No. 9225 and its effect on electoral candidates.

FAQs

What was the key issue in this case?	The key issue was whether Roseller De Guzman, a dual citizen, was qualified to run for Vice-Mayor of Guimba, Nueva Ecija, given his failure to renounce his American citizenship as required by R.A. No. 9225.
What does R.A. No. 9225 require of dual citizens seeking public office?	R.A. No. 9225 requires dual citizens seeking elective public office to make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorized to administer an oath, at or before the time of filing their certificate of candidacy.
Is taking an oath of allegiance enough to satisfy the requirements of R.A. No. 9225?	No, taking the oath of allegiance is not enough. R.A. No. 9225 specifically requires a separate personal and sworn renunciation of foreign citizenship for those seeking elective office.
Why did the COMELEC initially disqualify De Guzman?	The COMELEC disqualified De Guzman because he did not renounce his American citizenship despite having reacquired his Philippine citizenship, thus failing to comply with Section 5(2) of R.A. No. 9225.
How did the Supreme Court rule on the COMELEC’s decision?	The Supreme Court upheld the COMELEC’s disqualification of De Guzman, emphasizing that he did not fulfill the requirement of renouncing his foreign citizenship as mandated by R.A. No. 9225.
Does filing a Certificate of Candidacy constitute a renunciation of foreign citizenship?	No, the Supreme Court clarified that the oath of allegiance in the Certificate of Candidacy does not satisfy the separate requirement of a personal and sworn renunciation of foreign citizenship under R.A. No. 9225.
What is the practical implication of this ruling for dual citizens in the Philippines?	Dual citizens who wish to run for public office in the Philippines must now take extra care to ensure they formally renounce their foreign citizenship to meet the legal requirements.
What happens if a dual citizen does not renounce their foreign citizenship before the election?	If a dual citizen fails to formally renounce their foreign citizenship, they are disqualified from running for any elective local position under Section 40 of the Local Government Code.

The De Guzman case underscores the importance of strict adherence to the requirements of R.A. No. 9225 for dual citizens seeking public office in the Philippines. By mandating a formal renunciation of foreign citizenship, the law aims to ensure the undivided loyalty of elected officials to the country. This decision provides clarity on the steps required for dual citizens to participate in Philippine elections, serving as a guide for future candidates.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: De Guzman v. COMELEC, G.R. No. 180048, June 19, 2009