Newly announced candidate for Vice President, sometime-actor-and-sometime-politician Edu Manzano, was born in California, U.S.A. Although the Philippine Constitution requires that the Vice President, like the President, must be a natural-born citizen, there is no issue re Manzano’s citizenship qualification.
Why is that? Because Manzano had Philippine parents when he was born. And under Philippine law, that is enough to make him a natural-born Philippine citizen regardless of his birthplace.
Although under
Jus Soli vs. Jus Sanguinis
So why was Manzano deemed a natural-born Philippine and U.S. citizen in the first place?
It’s like this. The Philippine Constitution follows the principle of jus sanguinis (“right of blood”) or blood relationship in determining citizenship. Manzano’s parents being Philippine citizens at the time of his birth, he became a Philippine citizen by virtue of his immediate ancestry.
Thus, the current citizenship rules are as follows:
“Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and
(4) Those who are naturalized in the accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship...”[2]
On the other hand, the U.S. follows the principle of jus soli (“right of soil”) or place of birth in determining citizenship. Manzano having been born on
Filing the certificate of candidacy as a way of electing Philippine citizenship[3]
Dual citizenship notwithstanding, Manzano was deemed to have eventually elected Philippine citizenship when he ran for Vice Mayor since his certificate of candidacy contained the following statements made under oath:
"6. I AM A FILIPINO CITIZEN (STATE IF "NATURAL-BORN" OR "NATURALIZED") NATURAL-BORN
xxx xxx xxx
10. I AM A REGISTERED VOTER OF PRECINCT NO. 747-A, BARANGAY SAN LORENZO, CITY/MUNICIPALITY OF MAKATI, PROVINCE OF NCR.
11. I AM NOT A PERMANENT RESIDENT OF, OR IMMIGRANT TO, A FOREIGN COUNTRY.
12. I AM ELIGIBLE FOR THE OFFICE I SEEK TO BE ELECTED. I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE PHILIPPINES AND WILL MAINTAIN TRUE FAITH AND ALLEGIANCE THERETO; THAT I WILL OBEY THE LAWS, LEGAL ORDERS AND DECREES PROMULGATED BY THE DULY CONSTITUTED AUTHORITIES OF THE REPUBLIC OF THE PHILIPPINES; AND THAT I IMPOSE THIS OBLIGATION UPON MYSELF VOLUNTARILY, WITHOUT MENTAL RESERVATION OR PURPOSE OF EVASION. I HEREBY CERTIFY THAT THE FACTS STATED HEREIN ARE TRUE AND CORRECT OF MY OWN PERSONAL KNOWLEDGE.”
The Supreme Court thus held that Manzano’s “filing of such certificate of candidacy sufficed to renounce his American citizenship, effectively removing any disqualification he might have as a dual citizen.”
Said Court summarized that –
“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, [Manzano], 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.”
Of course, with Edu Manzano’s candidacy, qualifications beyond citizenship would provide a more compelling discussion but that’s for another day or maybe another writer.
By the way, in case you’re interested in regaining your lost Philippine citizenship, check out our post Balik-Pinoy (How to re-acquire your Philippine citizenship.
2 comments:
This is really interesting....an issue in every nation - citizenship!!
Interesting article posted here. It's my first time to understand how the rule of citizenship works in the country. I thought that Jus Soli and naturalizing citizens are the only way to prove that you're a Filipino! Thanks for adding something to my knowledge! By the way, some of the best attorneys in the Philippines, you can visit them here.
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