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    Jacot V Dal

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    GJ Bayaca
    Nestor Jacot, a natural born Filipino citizen who became a US citizen, sought to reacquire his Philippine citizenship under Republic Act 9225. He took the oath of allegiance before the Philippine consulate but did not personally renounce his US citizenship. The COMELEC disqualified him from running for local office. The Supreme Court upheld the disqualification, finding that while the oath of allegiance fulfilled one requirement, the law separately mandates a personal renunciation of foreign citizenship for those seeking elected office.

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    Jacot V Dal

    Uploaded by

    GJ Bayaca
    131 views2 pages
    Nestor Jacot, a natural born Filipino citizen who became a US citizen, sought to reacquire his Philippine citizenship under Republic Act 9225. He took the oath of allegiance before the Philippine consulate but did not personally renounce his US citizenship. The COMELEC disqualified him from running for local office. The Supreme Court upheld the disqualification, finding that while the oath of allegiance fulfilled one requirement, the law separately mandates a personal renunciation of foreign citizenship for those seeking elected office.

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    Jacot v dal

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    Nestor Jacot, a natural born Filipino citizen who became a US citizen, sought to reacquire his Philippine citizenship under Republic Act 9225. He took the oath of allegiance before the Philippine consulate but did not personally renounce his US citizenship. The COMELEC disqualified him from running for local office. The Supreme Court upheld the disqualification, finding that while the oath of allegiance fulfilled one requirement, the law separately mandates a personal renunciation of foreign citizenship for those seeking elected office.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    131 views2 pages

    Jacot V Dal

    Uploaded by

    GJ Bayaca
    Nestor Jacot, a natural born Filipino citizen who became a US citizen, sought to reacquire his Philippine citizenship under Republic Act 9225. He took the oath of allegiance before the Philippine consulate but did not personally renounce his US citizenship. The COMELEC disqualified him from running for local office. The Supreme Court upheld the disqualification, finding that while the oath of allegiance fulfilled one requirement, the law separately mandates a personal renunciation of foreign citizenship for those seeking elected office.

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    of 2

    NESTOR A.

    JACOT
    vs.
    ROGEN T. DAL and COMMISSION ON ELECTIONS

    G.R. No. 179848 November 27, 2008

    TOPIC:
    Loss and Re-Acquisition of Citizenship

    FACTS:

    Petitioner Nestor A. Jacot assails the Resolution dated 28 September 2007 of


    the , affirming the Resolution dated 12 June 2007 of the COMELEC Second
    Division, disqualifying him from running for the position of Vice-Mayor of
    Catarman, Camiguin in the 14 May 2007 National and Local Elections, on the
    ground that he failed to make a personal renouncement of his US citizenship.

    Petitioner was a natural born citizen of the Philippines, who became a


    naturalized citizen of the US on 13 December 1989. Petitioner sought to
    reacquire his Philippine citizenship under Republic Act No. 9225, otherwise
    known as the Citizenship Retention and Re-Acquisition Act.

    He filed a request for the administration of his Oath of Allegiance to the


    Republic of the Philippines with the Philippine Consulate General (PCG) of
    Los Angeles, California. The Los Angeles PCG issued on 19 June 2006 an
    Order of Approval of petitioner’s request, and on the same day, petitioner took
    his Oath of Allegiance to the Republic of the Philippines before Vice Consul
    Edward C. Yulo. On 27 September 2006, the Bureau of Immigration issued
    and Identification Certificate, recognizing petitioner as a citizen of the
    Philippines.

    Six months after, on 26 March 2007, petitioner filed his Certificate of


    Candidacy for the Position of Vice-Mayor of the Municipality of Catarman,
    Camiguin.

    In the meantime, the 14 May 2007 National and Local Elections were held.
    Petitioner garnered the highest number of votes for the position of Vice
    Mayor.

    On 12 June 2007, the COMELEC Second Division finally issued its


    Resolution11 disqualifying the petitioner from running for the position of
    Vice-Mayor of Catarman, Camiguin, for failure to make the requisite
    renunciation of his US citizenship.
    ISSUE/S:

    Whether or not petitioner has validly complied the citizenship requirement as


    required by law for persons seeking public office.

    HELD:

    Contrary to the assertions made by petitioner, his oath of allegiance to the


    Republic of the Philippines made before the Los Angeles
    PCG and his Certificate of Candidacy do
    not substantially comply with the requirement of
    a personal and sworn renunciation of foreign citizenship, because these
    are distinct requirements to be complied with for different purposes.

    Section 3 of Republic Act No. 9225 requires that natural-born citizens of the
    Philippines, who are already naturalized citizens of a foreign country, must
    take the following oath of allegiance to the Republic of the Philippines to
    reacquire or retain their Philippine citizenship.

    By the oath dictated in the afore-quoted provision, the Filipino swears


    allegiance to the Philippines, but there is nothing therein on his renunciation
    of foreign citizenship.

    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.

    Hence, Section 5(2) of Republic Act No. 9225 compels natural-born Filipinos,
    who have been naturalized as citizens of a foreign country, but who reacquired
    or retained their Philippine citizenship

    (1) to take the oath of allegiance under Section 3 of Republic Act No. 9225,
    and

    (2) for those seeking elective public offices in the Philippines,

    to additionally execute a personal and sworn renunciation of any and all


    foreign citizenship before an authorized public officer prior or simultaneous
    to the filing of their certificates of candidacy, to qualify as candidates in
    Philippine elections.

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