Question B.20, Political Law, 2019 Bar Exam

H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act), decided to run for Congress and thus, filed a certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his status as a dual citizen. H responded that his act of filing a CoC amounted to his renunciation of foreign citizenship, rendering him eligible for the position.

(a) Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain. (2.5%)

(b) Assuming that H is a dual citizen because his parents are Filipino citizens and he was born in California, USA, was filing of a CoC sufficient to renounce his foreign citizenship? Explain. (2.5%)

Suggested Answer:

(a) No. Answer

Under R.A. 9225 and jurisprudence, the law categorically requires persons seeking elective public office, who either retained their Philippine citizenship or those who reacquired it, to make a personal and sworn renunciation of any and all foreign citizenship before a public officer authorized to administer an oath simultaneous with or before the filing of the certificate of candidacy. Rule

In the case at bar, H did not expressly renounce his American citizenship through a person and sown renunciation simultaneous with or before the filing of his certificate of candidacy. Apply

Thus, H’s filing of a CoC was not sufficient to renounce foreign citizenship. Conclusion

(b) Yes. Answer

Under ...

 



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