8/19/2019 c.sa?C>as?AaaaAMercado vs Manzano

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Mercado Vs. Manzano

[G.R. No. 135083. May 26, 1999]

FACTS:

Both the petitioner and the respondent are candidates for the vice-mayor of Makati. Private respondent Manzano

garnered the most nm!er of votes in the said e"ection. #o$ever% the proc"amation $as sspended de to the petition

for dis&a"ification fi"ed !y 'rnesto Mamari" regarding private respondent(s citizenship. Mamari" a""eged that

respondent Manzano is an American citizen. C)M'*'C granted the petition and dis&a"ified the private respondent

for !eing a da" citizen% prsant to the *oca" +overnment code that provides that persons $ho possess da"

citizenship are dis&a"ified from rnning for p!"ic office. Private respondent fi"ed a motion for reconsideration $hich

remained pending nti" after e"ection. C)M'*'C reversed the decision and dec"ared private respondent &a"ified to

rn for the position. The private respondent $as proc"aimed as vice mayor prsant to the r"ing of C)M'*'C. This

is petition soght the reversa" of the a!ove r"ing.

,SS':

hether or not private respondent is &a"ified to ho"d for $hich he has !een e"ected.

#'*/:

The petition $as /,SM,SS'/ !ecase da" citizenship is different from da" a""egiance. hat is opposed is not

da" citizenship per se% !t $ith natra"ized citizens $ho maintain their a""egiance to their contries of origin even

after their natra"ization. #ence% the phrase 0da" citizenship1 in 2A 3456 mst !e nderstood as referring to 0da"

a""egiance1. !y dec"aring in his certificate of candidacy that he is a Fi"ipino citizen7 that he is not a permanent resident

or immigrant of another contry7 that he $i"" defend and spport the Constittion of the Phi"ippines and !ear tre faithand a""egiance thereto and that he does so $ithot menta" reservation% private respondent has% as far as the "a$s of

this contry are concerned% effective"y repdiated his American citizenship and anything $hich he may have said

!efore as a da" citizen.

)n the other hand% private respondent(s oath of a""egiance to the Phi"ippines% $hen considered $ith the fact that

he has spent his yoth and ad"thood% received his edcation% practiced his profession as an artist% and taken part in

past e"ections in this contry% "eaves no do!t of his e"ection of Phi"ippine citizenship.