CASE 8: Lopez v. COMELEC (G.R. No. 182701, July 23, 2008)

Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003)

A law allowing natural-born Filipinos who became foreign citizens to retain or reacquire their Philippine citizenship upon taking an oath of allegiance to the Republic.

Personal and Sworn Renunciation of Foreign Citizenship (Section 5(2), R.A. No. 9225)

Filipinos who reacquire citizenship and seek elective office must formally renounce all foreign citizenship in a sworn statement before a public officer authorized to administer an oath.

Natural-Born Citizen (Article IV, Section 2, 1987 Constitution)

A person who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect their citizenship. The Court ruled that reacquisition under R.A. No. 9225 does not automatically restore natural-born status for election purposes.

Disqualification of Dual Citizens from Elective Office (R.A. No. 9225, Section 5(2))

A dual citizen must formally renounce foreign citizenship before running for public office, otherwise, they are disqualified.

COMELEC’s Authority to Disqualify Candidates

The Supreme Court ruled that COMELEC correctly disqualified Lopez for failing to formally renounce his American citizenship before filing his certificate of candidacy.

Distinction Between Dual Citizenship by Birth and Naturalization

The Court distinguished between:

• Dual citizens by birth (e.g., those born abroad to Filipino parents) who did not voluntarily acquire foreign citizenship.

• Former Filipinos who voluntarily acquired foreign citizenship and later reacquired Philippine citizenship under R.A. No. 9225.

Filing a Certificate of Candidacy is Not Equivalent to Renunciation

The Court ruled that simply filing a certificate of candidacy does not constitute an effective renunciation of foreign citizenship.

Valles v. COMELEC Doctrine Distinguished

Unlike in Valles (where the candidate was a dual citizen by birth), Lopez voluntarily acquired American citizenship, necessitating an express renunciation to qualify for public office.

Election Victory Does Not Cure Disqualification

Winning an election does not validate a disqualified candidate’s candidacy. Legal requirements must be met before the election.

Judicial Restraint and Legislative Intent Behind R.A. No. 9225

The Court emphasized that the requirement of a sworn renunciation was mandated by law to prevent dual allegiance among public officials.