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Filipino Citizenship by Blood: Why Dual Nationals Can Still Hold Public Office in the Philippines

TLDR: This Supreme Court case, Valles v. COMELEC, definitively states that holding dual citizenship does not automatically disqualify an individual from running for public office in the Philippines. The crucial factor is allegiance to the Philippines, which can be demonstrated through actions like declaring Filipino citizenship in a certificate of candidacy and renouncing foreign citizenship. This ruling protects the rights of Filipinos who may also hold citizenship in another country due to birth or parentage but are committed to serving the Philippines.

G.R. No. 137000, August 09, 2000

INTRODUCTION

Imagine a scenario where a dedicated public servant, deeply rooted in their community and eager to contribute, is suddenly barred from running for office simply because they hold dual citizenship. This was almost the case for Rosalind Ybasco Lopez, whose Filipino citizenship was challenged repeatedly throughout her political career. In the landmark case of Valles v. Commission on Elections, the Supreme Court addressed this critical issue, providing clarity on the qualifications for public office for individuals holding dual nationality. This case is not just about one election; it touches upon the fundamental rights of countless Filipinos who, through birth or parentage, may possess citizenship in more than one country but whose hearts and loyalties remain firmly with the Philippines.

Cirilo R. Valles questioned the candidacy of Rosalind Ybasco Lopez for Governor of Davao Oriental in the 1998 elections, alleging she was an Australian citizen and thus disqualified. Lopez was born in Australia to a Filipino father and an Australian mother. The core legal question before the Supreme Court was whether Lopez’s dual citizenship disqualified her from holding public office in the Philippines, despite her Filipino parentage and long-term residency and political participation in the country.

LEGAL CONTEXT: CITIZENSHIP AND ALLEGIANCE IN THE PHILIPPINES

Philippine citizenship law primarily adheres to the principle of jus sanguinis, meaning citizenship is determined by bloodline, specifically the citizenship of one’s parents. This is in contrast to jus soli, which grants citizenship based on the place of birth. Understanding this distinction is crucial in cases of dual nationality. The Philippine Constitution, from its earliest iterations, has consistently recognized jus sanguinis. The 1935 Constitution stated, “Those whose fathers are citizens of the Philippines” are considered Filipino citizens. This principle was carried forward into the 1973 and 1987 Constitutions, solidifying the primacy of Filipino parentage in determining citizenship.

Commonwealth Act No. 63 outlines how Philippine citizenship can be lost, including through naturalization in a foreign country or “express renunciation of citizenship.” Crucially, renunciation must be express, a deliberate and conscious act. The concept of dual citizenship itself is acknowledged but viewed with caution, particularly concerning “dual allegiance.” Article IV, Section 5 of the 1987 Constitution states, “Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.” This distinction between dual citizenship and dual allegiance is paramount. Dual citizenship, in itself, is not inherently negative; it is dual allegiance—conflicting loyalties to two nations—that is constitutionally disfavored.

Republic Act 7160, the Local Government Code of 1991, initially listed “dual citizenship” as a disqualification for running for local office. However, the Supreme Court, in cases like Mercado v. Manzano, clarified that the “dual citizenship” referred to in the Local Government Code actually meant “dual allegiance.” The Court recognized that many Filipinos involuntarily acquire dual citizenship due to the laws of other countries and that this should not automatically disqualify them from public service. Instead, allegiance becomes the determining factor. Furthermore, the act of filing a certificate of candidacy, wherein an individual declares their Filipino citizenship and pledges allegiance to the Philippines, has been interpreted as a significant act of renunciation of foreign allegiance for election purposes.

CASE BREAKDOWN: VALLES VS. COMELEC

Rosalind Ybasco Lopez’s citizenship had been challenged multiple times before the 1998 gubernatorial election. In 1992, her opponent Gil Taojo, Jr. questioned her citizenship in EPC No. 92-54. The COMELEC dismissed this, finding insufficient evidence that Lopez had renounced her Filipino citizenship, emphasizing her father’s Filipino citizenship as proof of her own under jus sanguinis. Again in 1995, Francisco Rabat filed SPA No. 95-066, raising the same citizenship issue, which the COMELEC dismissed, reiterating its earlier stance.

In 1998, Cirilo Valles filed SPA No. 98-336, once more challenging Lopez’s candidacy based on citizenship. Valles pointed to Lopez’s 1988 registration as an Australian national with the Bureau of Immigration, her application for an Immigrant Certificate of Residence, and her Australian passport as evidence of her Australian citizenship and alleged renunciation of Filipino citizenship. The COMELEC First Division dismissed Valles’s petition on July 17, 1998, citing the lack of new evidence and the principle of res judicata, given the previous rulings in EPC No. 92-54 and SPA No. 95-066. The COMELEC en banc upheld this dismissal on January 15, 1999.

Unsatisfied, Valles elevated the case to the Supreme Court. The Supreme Court meticulously reviewed the facts and arguments. The Court emphasized Lopez’s Filipino lineage: “Private respondent Rosalind Ybasco Lopez was born… to the spouses, Telesforo Ybasco, a Filipino citizen… and Theresa Marquez, an Australian.” It reiterated the principle of jus sanguinis, stating, “By virtue of the same laws… Telesforo’s daughter, herein private respondent Rosalind Ybasco Lopez, is likewise a citizen of the Philippines.”

Regarding Valles’s claims about Lopez’s Australian passport and alien registration, the Court cited Aznar vs. COMELEC and Mercado vs. Manzano and COMELEC, stating that these actions alone do not constitute express renunciation of Filipino citizenship. The Court quoted Mercado vs. Manzano: “the fact that respondent Manzano was registered as an American citizen in the Bureau of Immigration and Deportation and was holding an American passport… were just assertions of his American nationality before the termination of his American citizenship.” The Supreme Court concluded that at most, Lopez possessed dual citizenship, not dual allegiance.

Furthermore, the Court highlighted Lopez’s renunciation of Australian citizenship on January 15, 1992, and the cancellation of her Australian passport, acts acknowledged by the Australian Embassy. The Court stated, “When the herein private respondent filed her certificate of candidacy in 1992, such fact alone terminated her Australian citizenship.”

While acknowledging the general rule that res judicata doesn’t strictly apply to citizenship cases (citing Moy Ya Lim Yao vs. Commissioner of Immigration), the Court noted the exception in Burca vs. Republic, and ultimately found that even without res judicata, Valles’s petition lacked merit. The Supreme Court decisively DISMISSED Valles’s petition and AFFIRMED the COMELEC resolutions, declaring Rosalind Ybasco Lopez qualified to run for Governor.

PRACTICAL IMPLICATIONS: WHAT THIS MEANS FOR DUAL CITIZENS AND PUBLIC OFFICE

Valles v. COMELEC is a significant ruling that clarifies the rights of dual citizens in the Philippines, especially those seeking public office. It reinforces that Filipino citizenship by blood is a strong and enduring right. The ruling establishes that possessing dual citizenship, in itself, is not a disqualification for public office. What truly matters is allegiance to the Philippines.

For individuals holding dual citizenship who aspire to public service, this case offers reassurance. It underscores that actions demonstrating allegiance to the Philippines, such as actively participating in Philippine civic life, declaring Filipino citizenship in official documents like a certificate of candidacy, and even formally renouncing foreign citizenship, strengthen their qualification to hold office. Mere possession of a foreign passport or registration as a foreign national, without express renunciation of Filipino citizenship, is insufficient to disqualify someone of Filipino parentage.

This decision also provides a practical pathway for dual citizens. By filing a certificate of candidacy declaring Filipino citizenship, they take a significant step in affirming their allegiance and mitigating concerns about dual allegiance. While formal renunciation of foreign citizenship further solidifies their position, the act of candidacy itself carries considerable weight.

Key Lessons from Valles v. COMELEC:

• Jus Sanguinis is Paramount: Philippine citizenship law prioritizes bloodline. If you have a Filipino parent, you are likely a Filipino citizen, regardless of your birthplace.
• Dual Citizenship is Not Disqualification: Holding dual citizenship alone does not bar you from running for public office. Dual allegiance is the concern, not dual citizenship itself.
• Express Renunciation Matters: To lose Filipino citizenship, renunciation must be express and intentional, not implied by actions like obtaining a foreign passport.
• Certificate of Candidacy is Key: Declaring Filipino citizenship in your certificate of candidacy is a powerful affirmation of allegiance and can be seen as a form of renunciation of foreign allegiance for election purposes.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q1: What does jus sanguinis mean?

A: Jus sanguinis is a Latin term meaning “right of blood.” In citizenship law, it means that a person’s nationality or citizenship is determined by the nationality of one or both of their parents.

Q2: Does holding dual citizenship automatically disqualify someone from holding public office in the Philippines?

A: No, Valles v. COMELEC clarifies that dual citizenship itself is not an automatic disqualification. The disqualification in the Local Government Code refers to dual allegiance, not merely dual citizenship.

Q3: I have a foreign passport because I was born in another country, but my parents are Filipino. Can I run for office in the Philippines?

A: Yes, likely. According to Valles v. COMELEC, your Filipino parentage grants you Filipino citizenship. Holding a foreign passport due to birth abroad does not automatically disqualify you. Declaring your Filipino citizenship in your certificate of candidacy is crucial.

Q4: Is registering as a foreign national or obtaining a foreign passport considered renouncing Filipino citizenship?

A: No. The Supreme Court has ruled that these actions are not considered express renunciation of Filipino citizenship. Renunciation must be a clear, intentional act.

Q5: What is dual allegiance, and why is it a concern?

A: Dual allegiance refers to having conflicting loyalties to two countries. It is a concern because public officials are expected to be solely loyal to the Philippines. The Constitution discourages dual allegiance as it can be detrimental to national interest.

Q6: What steps should a dual citizen take if they want to run for public office in the Philippines to avoid citizenship challenges?

A: To avoid challenges, dual citizens should: (1) Emphasize their Filipino citizenship and parentage. (2) Declare Filipino citizenship clearly in their certificate of candidacy. (3) Consider formally renouncing their foreign citizenship for added certainty. (4) Gather documents proving Filipino parentage and birth certificates.

ASG Law specializes in Election Law and Citizenship matters. Contact us or email hello@asglawpartners.com to schedule a consultation.