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    Mercado Vs Manzano Digest

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    Roi Perez
    1. Manzano was a candidate for Vice-Mayor of Makati City but his proclamation was suspended due to a disqualification petition alleging he was a US citizen. 2. The issues were whether Manzano was qualified to run given his dual citizenship. 3. The Supreme Court dismissed the petition, finding dual citizenship differs from dual allegiance, and Manzano's oath of allegiance in his candidacy form repudiated his American citizenship under Philippine law.

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    Mercado Vs Manzano Digest

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    Roi Perez
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    1. Manzano was a candidate for Vice-Mayor of Makati City but his proclamation was suspended due to a disqualification petition alleging he was a US citizen. 2. The issues were whether Manzano was qualified to run given his dual citizenship. 3. The Supreme Court dismissed the petition, finding dual citizenship differs from dual allegiance, and Manzano's oath of allegiance in his candidacy form repudiated his American citizenship under Philippine law.

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    Mercado vs Manzano Digest

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    1. Manzano was a candidate for Vice-Mayor of Makati City but his proclamation was suspended due to a disqualification petition alleging he was a US citizen. 2. The issues were whether Manzano was qualified to run given his dual citizenship. 3. The Supreme Court dismissed the petition, finding dual citizenship differs from dual allegiance, and Manzano's oath of allegiance in his candidacy form repudiated his American citizenship under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    7 views1 page

    Mercado Vs Manzano Digest

    Uploaded by

    Roi Perez
    1. Manzano was a candidate for Vice-Mayor of Makati City but his proclamation was suspended due to a disqualification petition alleging he was a US citizen. 2. The issues were whether Manzano was qualified to run given his dual citizenship. 3. The Supreme Court dismissed the petition, finding dual citizenship differs from dual allegiance, and Manzano's oath of allegiance in his candidacy form repudiated his American citizenship under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Mercado vs Manzano and COMELEC

    G.R. No. 135083


    Ponente: J. Mendoza

    FACTS: Edu Manzano and Ernesto Mercado were candidates for Vice-Mayor of Makati City during 1998 election.
    Manzano got the highest number of votes; however, the proclamation was suspended due to the disqualification
    petition filed against him. The petition alleges that Manzano is not a citizen of the Philippines but rather of United States
    of America. In his answer, Manzano argued that he is a Filipino Citizen because he was born of Filipino parents but since
    he was born in the U.S., he is still considered an American citizen under US laws. Sec. 40(d) of the Local Government
    Code provides that those holding dual citizenship are disqualified from running for any elective position.

    ISSUES: WON Manzano is qualified to run for and/or hold elective office in view of his dual citizenship

    RULING: Petition dismissed for lack of merit.

    1. Dual citizenship is different from dual allegiance.


     Dual Citizenship – arises when, as a result of the concurrent application of the different laws of two or more
    states, a person is simultaneously considered a national by the said states.

     Dual Citizenship under Art. IV of the Constitution:


    o Those born of Filipino fathers and/or mothers in foreign countries which follow jus soli;
    o Those born in the Philippines of Filipino mothers and alien fathers, if by laws of their father’s country
    such children are citizens of that country;
    o Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless
    there is renunciation of Filipino citizenship by act or omission.

     Dual Allegiance – result of an individual’s own volition.


    o In the words of Commissioner Ople: “…unsettled kind of allegiance of Filipinos, by their acts, may be
    said to be bound by a second allegiance.”
    o The concern of the Constitutional Commission in the Art. IV was not dual citizenship per se but those
    who maintain their allegiance to their foreign countries. Following this, the phrase “dual citizenship” in
    Sec. 40(d) of RA 7160 must be construed as “dual allegiance.”

     *Class discussion notes:


    o Under the rules of statutory construction, the Constitution is the supreme law of the land and all
    statutes must bow before it. In cases of inconsistency, as in the present case where the statute refers to
    “dual citizenship” whilst the Constitution prohibits “dual allegiance”, the first measure to do is to
    reconcile and harmonize the two. It is because the Congress is presumed to have known the statute’s
    constitutionality before enacting the same.

    2. Oath of allegiance in certificate of candidacy repudiated his American citizenship.


    o “… by declaring in his certificate of candidacy that he is a Filipino citizen; that he is not a permanent resident or
    immigrant of another country; that he will defend and support the Constitution of the Philippines and bear true
    faith and allegiance thereto and that he does so without mental reservation, private respondent has, as far as
    the laws of this country are concerned, effectively repudiated his American citizenship and anything which he
    may have said before as a dual citizen.

    On the other hand, private respondent's oath of allegiance to the Philippines, when considered with the fact that
    he has spent his youth and adulthood, received his education, practiced his profession as an artist, and taken
    part in past elections in this country, leaves no doubt of his election of Philippine citizenship.”

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