METRO

Dual citizenship

Joji Alonso··2 MIN READ

Dual citizenship
Text size

Dear Atty. Nico,

I plan to join the 2028 election. However, I am also aware that only Filipino citizens are allowed to run for office.

I am currently a dual citizen of both the Philippines (my father is a natural born Filipino) and the United States (my mother is a US citizen).

My legal query is: Am I covered by RA 9225? If so, do I have to take my oath of allegiance, as well as renounce my foreign citizenship? What do I need to be compliant?

Thank you very much.

Boy

□□□□□

Dear Boy,

As discussed in a Supreme Court case, it was held that RA 9225 is applicable only to dual citizens by naturalization and not to dual citizens by birth.

In the case of Gana-Carait v Comelec, et al., the Court reiterated its ruling in the case of De Guzman v Comelec that it covers two categories of individuals, thus: RA 9225 was enacted to allow re-acquisition and retention of Philippine citizenship for:

1) natural-born citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and,

2) natural-born citizens of the Philippines who, after the effectivity of the law, become citizens of a foreign country.

Thus, the coverage of RA 9225 includes only those natural-born Filipinos who acquired foreign citizenship through the process of naturalization. Similarly, the provisions of RA 9225 on the required oath of allegiance under Section 3 and the personal and sworn renunciation of any and all foreign citizenship under its Section 5(2) apply only to dual citizens by naturalization and not to dual citizens by birth.

Applying the foregoing ruling to the abovementioned facts, there is no need for you to renounce your foreign citizenship or take a formal oath of allegiance to qualify for elective public office. According to the ruling in Mercado v Manzano, the mere filing of your Certificate of Candidacy is legally considered an implied/manifest election of Philippine citizenship and satisfies the requirement to declare your allegiance to the Philippines.

Atty. Nico A. Antonio