TEODORA SOBEJANA-CONDON VS. COMMISSION ON ELECTIONS, LUIS M. BAUTISTA Key Key Doctri Doctrine: ne: Failure to renounce foreign citizenship in accordance with the exact tenor of Section 5(2) of Republic Act (R.A.) No. 225 renders a dual citizen ineligible to run for and thus hold an! electi"e public o#ice. Fct!: $he petitioner is a natural%born Filipino citizen ha"ing been born b orn of Filipino parents on August &' . *n +ece,ber -' &' she beca,e a naturalized Australian citizen owing to her ,arriage to a certain e"in $ho,as /ondon. *n +ece,ber +ece,ber 2' 2005' she 1led an applicati application on to re%acuir re%acuire e 3hilippine 3hilippine citizenship citizenship before the 3hilippine 4,bass! in /anberra' Australia pursuant to Section - of R.A. No. 225 otherwise nown as the 6/itizenship Retention and Re%Acuisition Act of 200-.7 $he application was appro"ed and the petitioner too her h er oath of allegiance to the Republic of the 3hilippines on +ece,ber 5' 2005. *n Septe,ber &' 2008' the peti etitioner 1led an unsw nsworn Declaration of Renunciation of Australian Citizenship before the +epart,ent of 9,,igration and 9ndigenous A#airs' /anberra' Australia' which in turn issued the *rder certif!ing that she has ceased to be an Australian citizen. $he petitioner ran for :a!or in her ho,etown of /aba' ;a ice%:a!or. She obtained the highest nu,bers of "otes and was proclai,ed as the winnin winning g candid candidate ate.. She too too her oath oath of o#ice. o#ice. Soon Soon therea thereafte fterr' pri"at pri"ate e respondents all registered "oters of /aba' ;a
$he petitioner contends that since she ceased to be an Australian citizen on Septe,ber 2=' 2008' she no longer held dual citizenship and was onl! a Filipino citizen when she 1led her certi1cate of candidac! as earl! as the 200= elections. @ence' the 6personal and sworn renunciation of foreign citizenship7 i,posed b! Section 5(2) of R.A. No. 225 to dual citizens seeing electi"e o#ice does not appl! to her. She further argues that a sworn renunciation is a ,ere for,al and not a ,andator! reuire,ent. I!!"e: For purposes of deter,ining the petitioner?s eligibilit! to run for public o#ice' is the 6sworn renunciation of foreign citizenship7 in Section 5(2) of R.A. No. 225 ,ere pro%for,a reuire,ent #e$%: No. R.A. No. 225 allows the retention and re%acuisition of Filipino citizenship for natural%born citizens who ha"e lost their 3hilippine citizenship b! taing an oath of allegiance to the Republic. Natural%born citizens of the 3hilippines who' after the e#ecti"it! of this Act' beco,e citizens of a foreign countr! shall retain their 3hilippine citizenship upon taing the aforesaid oath. $he oath is an abbre"iated repatriation process that restores one?s Filipino citizenship and all ci"il and political rights and obligations conco,itant therewith' subBect to certain conditions i,posed in Section 5' viz C Sec. 5. Civil and Political Rights and Liabilities D $hose who retain or re% acuire 3hilippine citizenship under this Act shall enBo! full ci"il and political rights and be subBect to all attendant liabilities and responsibilities under existing laws of the 3hilippines and the following conditionsC xxx (2) $hose seeing electi"e public o#ice in the 3hilippines shall ,eet the uali1cation for holding such public o#ice as reuired b! the /onstitution and existing laws and' at the ti,e of the 1ling of the certi1cate of candidac!' ,ae a personal and sworn renunciation of an! and all foreign citizenship before an! public o#icer authorized to ad,inister an oathExxx
Re+"$ic Act No. ((& co+e$! nt"r$- orn Fi$i+ino!, /0o 01e een nt"r$i2e% ! citi2en! o* *orei3n co"ntry, "t /0o rec4"ire% or retine% t0eir 50i$i++ine citi2en!0i+ '6) to t7e t0e ot0 o* $$e3ince "n%er Section 8 o* Re+"$ic Act No. ((&, n% '() *or t0o!e !ee7in3 e$ecti1e +"$ic o9ice! in t0e 50i$i++ine!' to additionall! execute a +er!on$ n% !/orn ren"ncition of an! and all foreign citizenship before an authorized public o#icer prior or si,ultaneous to the 1ling of their certi1cates of candidac!' to 4"$i*y ! cn%i%te! in 50i$i++ine e$ection!. [T]he intent of the legislators was not only for Filipinos reacquiring or retaining their Philippine citizenship under Republic Act No. !!" to ta#e their oath of allegiance to the Republic of the Philippines$ but also to e%plicitly renounce their foreign citizenship if they wish to run for electi&e posts in the Philippines. $o ualif! as a candidate in 3hilippine elections' Filipinos ,ust onl! ha"e one citizenship' na,el!' 3hilippine citizenship. T0e *orei3n citi2en!0i+ "!t e *or$$y reecte% t0ro"30 n 9i%1it %"$y !/orn e*ore n o9icer "t0ori2e% to %ini!ter ot0. 9t is also palpable in the abo"e records that Section 5 was intended to co,ple,ent Section &' Article 9 of the /onstitution on public o#icers? pri,ar! accountabilit! of allegiance and lo!alt!' which pro"idesC Sec. &. D 3ublic o#icers and e,plo!ees owe the State and this /onstitution allegiance at all ti,es and an! public o#icer or e,plo!ee who sees to change his citizenship or acuire the status of an i,,igrant of another countr! during his tenure shall be dealt with b! law. $he sole,n pro,ise' and the ris of punish,ent attached to an oath ensures truthfulness to the prospecti"e public o#icer?s abandon,ent of his adopted state and pro,ise of absolute allegiance and lo!alt! to the Republic of the 3hilippines. $o hold the oath to be a ,ere pro forma reuire,ent is to sa! that it is onl! for cere,onial purposesE it would also acco,,odate a ,ere uali1ed or te,porar! allegiance fro, go"ern,ent o#icers when the /onstitution and the legislature clearl! de,and otherwise. $he petitioner?s act of running for public o#ice does not su#ice to ser"e as an e#ecti"e renunciation of her Australian citizenship. Ghile this /ourt has pre"iousl! declared that the 1ling b! a person with dual citizenship of a certi1cate of candidac! is alread! considered a renunciation of foreign citizenship' such ruling was alread! adBudged superseded b! the enact,ent of R.A. No. 225 on August 2' 200- which pro"ides for the additional condition of a personal and sworn renunciation of foreign citizenship. 9n 1ne' R.A. No. 225 categoricall! de,ands natural%born Filipinos who re%acuire their citizenship and see electi"e o#ice' to execute a personal and sworn renunciation of an! and all foreign citizenships before an authorized public o#icer prior to or si,ultaneous to the 1ling of their certi1cates of candidac!' to ualif! as
candidates in 3hilippine elections.$he rule applies to all those who ha"e re% acuired their Filipino citizenship' lie petitioner' without regard as to whether the! are still dual citizens or not. 9t is a pre%reuisite i,posed for the exercise of the right to run for public o#ice. Stated di#erentl!' it is an additional uali1cation for electi"e o#ice speci1c onl! to Filipino citizens who re%acuire their citizenship under Section - of R.A. No. 225. 9t is the operati"e act that restores their right to run for public o#ice. $he petitionerHs failure to co,pl! therewith in accordance with the exact tenor of the law' rendered ine#ectual the Declaration of Renunciation of Australian Citizenship she executed on Septe,ber &' 2008. As such' she is !et to regain her political right to see electi"e o#ice.
