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Dual Citizenship and Election Eligibility

The Supreme Court upheld the COMELEC's decision to disqualify a candidate for barangay chairman who was a dual citizen of the Philippines and the United States. While the candidate argued he was eligible under the Citizenship Retention and Re-acquisition Act of 2003 as a dual citizen residing in the Philippines, the Court affirmed that the Constitution prohibits anyone holding foreign citizenship from running for public office unless they formally renounce their foreign citizenship when filing their certificate of candidacy. The candidate had not done so, so the COMELEC properly disqualified his candidacy.

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19 views1 page

Dual Citizenship and Election Eligibility

The Supreme Court upheld the COMELEC's decision to disqualify a candidate for barangay chairman who was a dual citizen of the Philippines and the United States. While the candidate argued he was eligible under the Citizenship Retention and Re-acquisition Act of 2003 as a dual citizen residing in the Philippines, the Court affirmed that the Constitution prohibits anyone holding foreign citizenship from running for public office unless they formally renounce their foreign citizenship when filing their certificate of candidacy. The candidate had not done so, so the COMELEC properly disqualified his candidacy.

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aisah
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G.R. No.

182701, July 23, 2008

LOPEZ VS COMELEC

 A Filipino-American or any dual citizen cannot run for any elective public position in the Philippines
unless he or she personally swears to a renunciation of all foreign citizenship at the time of filing the
certificate of candidacy.

FACTS: Civil Procedure assailing the (1) Resolution and (2) Omnibus Order of the Commission on Elections
(COMELEC), Second Division, disqualifying petitioner from running as Barangay Chairman.

Petitioner Eusebio Eugenio K. Lopez was a candidate for the position of Chairman of Barangay Bagacay, San
Dionisio, Iloilo City in the synchronized Barangay and Sangguniang Kabataan Elections held on October 29,
2007.

On October 25, 2007, respondent Tessie P. Villanueva filed a petition before the Provincial Election
Supervisor of the Province of Iloilo, praying for the disqualification of petitioner on the ground that he is an
American citizen, hence, ineligible from running for any public office. In his Answer, petitioner argued that
he is a dual citizen, a Filipino and at the same time an American, by virtue of Republic Act (R.A.) No. 9225,
otherwise known as the Citizenship Retention and Re- acquisition Act of 2003. He returned to the Philippines
and resided in Barangay Bagacay. Thus, he said, he possessed all the qualifications to run for Barangay
Chairman.

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