This Supreme Court case clarifies that Filipinos who re-acquire their citizenship under Republic Act No. 9225 must strictly comply with the law’s requirements when seeking elective office. Specifically, they must execute a personal and sworn renunciation of any foreign citizenship before an authorized public officer at the time of filing their certificate of candidacy. Failure to do so disqualifies them from holding public office, regardless of whether they have already taken steps to renounce their foreign citizenship through other means. This ruling reinforces the importance of formal legal procedures in maintaining the integrity of the electoral process and ensuring the undivided loyalty of public officials.

Can a Candidate Circumvent Renunciation Rules by Already Renouncing Citizenship?

The case of Teodora Sobejana-Condon v. Commission on Elections (COMELEC) revolved around Teodora Sobejana-Condon, a natural-born Filipino citizen who later became an Australian citizen. After re-acquiring her Philippine citizenship under Republic Act No. 9225, she ran for and won the position of Vice-Mayor in Caba, La Union. However, her eligibility was challenged on the grounds that she had not properly renounced her Australian citizenship as required by Section 5(2) of R.A. No. 9225, which mandates 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 central legal question was whether Sobejana-Condon’s prior renunciation of Australian citizenship, albeit unsworn, satisfied the requirements of R.A. No. 9225 and thus qualified her to hold elective office.

The Regional Trial Court (RTC) and the COMELEC both ruled against Sobejana-Condon, finding that her failure to execute a sworn renunciation as explicitly required by the law rendered her ineligible. The Supreme Court upheld these decisions, emphasizing the mandatory nature of the sworn renunciation requirement. According to the Court, R.A. No. 9225 permits natural-born citizens who have lost their Philippine citizenship to reacquire it by taking an oath of allegiance to the Republic.

However, Section 5 outlines specific conditions for those who wish to exercise their civil and political rights, including the right to seek elective office. Section 5(2) clearly states that those seeking elective public office must meet the qualifications required by the Constitution and existing laws, and, crucially, “at the time of the filing of 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.”

The petitioner argued that since she had already ceased to be an Australian citizen before filing her certificate of candidacy, the sworn renunciation requirement did not apply to her. She also contended that the sworn renunciation was a mere formality. The Court rejected these arguments, emphasizing that the language of Section 5(2) is clear and unambiguous. Citing previous jurisprudence, the Court reiterated that a dual citizen cannot run for elective office unless they personally swear to a renunciation of all foreign citizenship at the time of filing their certificate of candidacy. This renunciation must be in the form of an affidavit duly executed before an authorized officer, stating in clear and unequivocal terms that the affiant is renouncing all foreign citizenship.

To further illustrate the importance of the sworn renunciation, the court cited Jacot v. Dal, stating:

The law categorically requires persons seeking elective public office, who either retained their Philippine citizenship or those who reacquired it, to make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorized to administer an oath simultaneous with or before the filing of the certificate of candidacy.

The petitioner also invoked portions of the Journal of the House of Representatives containing the sponsorship speech for the bill that eventually became R.A. No. 9225, suggesting that the sworn renunciation was intended to be a mere pro forma requirement. The Court dismissed this argument as an isolated reading of the legislative record, stating that the discussions ought to be understood within the context of whether former natural-born citizens who re-acquire their Filipino citizenship under the proposed law would revert to their original status as natural-born citizens and thus be qualified to run for government positions reserved only to natural-born Filipinos.

Moreover, the court reasoned that the sworn renunciation is not simply a formality. The act of swearing an oath is a solemn declaration that one’s statement is true and that one will be bound by a promise. In this case, the solemn oath underscores the prospective public officer’s abandonment of their adopted state and their promise of absolute allegiance and loyalty to the Philippines. The Court explained the importance of an oath, stating, “The legal effect of an oath is to subject the person to penalties for perjury if the testimony is false.”

Furthermore, the petitioner argued that the Australian Citizenship Act of 1948 should be taken into judicial notice, which purportedly would have shown that she had already lost her citizenship. The Court rejected this argument because foreign laws are not a matter of judicial notice and must be properly proven. The petitioner failed to present a properly authenticated copy of the Australian law, as required by the Rules of Court.

In conclusion, the Supreme Court affirmed the COMELEC’s decision, disqualifying Sobejana-Condon from holding the office of Vice-Mayor. The Court’s ruling underscores the importance of adhering to the specific requirements of R.A. No. 9225 when seeking elective office after re-acquiring Philippine citizenship. The case reinforces the principle that holding public office requires undivided loyalty and compliance with established legal procedures.

FAQs

What was the key issue in this case?	Whether a Filipino who re-acquired citizenship under R.A. 9225 and seeks elective office must execute a personal and sworn renunciation of foreign citizenship, even if they claim to have already renounced it through other means.
What is the sworn renunciation requirement of R.A. 9225?	Section 5(2) of R.A. 9225 requires those seeking elective public office to make a personal and sworn renunciation of any and all foreign citizenship before an authorized public officer at the time of filing their certificate of candidacy.
Why is a sworn renunciation considered important?	A sworn renunciation is a solemn declaration, accompanied by an oath, that one is abandoning their allegiance to a foreign state and pledging loyalty to the Philippines, subjecting them to penalties for perjury if untrue.
Can a candidate invoke a foreign law to prove they no longer hold foreign citizenship?	No, foreign laws are not a matter of judicial notice and must be properly proven in court through authenticated copies or expert testimony, as required by the Rules of Court.
Does filing a certificate of candidacy serve as an automatic renunciation of foreign citizenship?	No, while this was previously the case, R.A. 9225 now requires a separate personal and sworn renunciation of foreign citizenship.
What happens if a candidate fails to comply with the sworn renunciation requirement?	Failure to comply with the sworn renunciation requirement disqualifies the candidate from holding the elective office, even if they win the election.
Is the sworn renunciation requirement a mere formality?	No, the Supreme Court has emphasized that the sworn renunciation requirement is mandatory and must be strictly followed to ensure the candidate’s undivided loyalty to the Philippines.
Can a candidate who has re-acquired Filipino citizenship run for President or Vice-President?	Yes, as long as they comply with all the requirements of R.A. 9225, including the personal and sworn renunciation of foreign citizenship, and meet all other qualifications for those positions.

This case serves as a critical reminder for individuals seeking to participate in Philippine elections after re-acquiring their citizenship. The Supreme Court’s decision highlights the importance of strict compliance with the law and ensures that those who hold public office demonstrate their undivided loyalty to the Philippines through a clear and legally binding act of renunciation.

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: Teodora Sobejana-Condon v. COMELEC, G.R. No. 198742, August 10, 2012