Mercado vs. Manzano and COMELEC
G.R. No. 135083

FACTS: Petitioner Ernesto Mercado and Private respondent Eduardo Manzano are candidates for the position of Vice-Mayor of Makati City in the May, 1998 elections. Private respondent was the winner of the said election but the proclamation was suspended due to the petition of Ernesto Mercado regarding the citizenship of private respondent. Mercado alleged that the private respondent is not a citizen of the Philippines but of the United States. COMELEC granted the petition and disqualified the private respondent for being a dual citizen, pursuant to the Local Government code that provides that persons who possess dual citizenship are disqualified from running any public position. Private respondent filed a motion for reconsideration which remained pending until after election. Petitioner sought to intervene in the case for disqualification. COMELEC reversed the decision and declared private respondent qualified to run for the position.

ISSUE: Whether or not dual-citizenship is ground for disqualification.

HOLDING: No, because dual citizenship is different from dual allegiance. what is inimical is not dual citizenship per se, but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization. Hence, the phrase “dual citizenship” in RA 7160 must be understood as referring to “dual allegiance”. Consequently, persons with mere dual citizenship do not fall under this disqualification.

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