Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 135083. May 26, 1999.
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* EN BANC.
631
632
633
VOL. 307, MAY 26, 1999 633
MENDOZA, J.:
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1 Petition, Rollo, p. 5.
2 Per Commissioner Amado M. Calderon and concurred in by
Commissioners Julio F. Desamito and Japal M. Guiani.
634
634 SUPREME COURT REPORTS ANNOTATED
Mercado vs. Manzano
On May 8, 1998, 3
private respondent filed a motion for
reconsideration. The motion remained pending even until
after the election held on May 11, 1998.
Accordingly, pursuant to Omnibus Resolution No. 3044,
dated May 10, 1998, of the COMELEC, the board of
canvass-
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635
VOL. 307, MAY 26, 1999 635
Mercado vs. Manzano
ers tabulated the votes cast for vice mayor of Makati City
but suspended the proclamation of the winner.
On May 19, 1998, petitioner
4
sought to intervene in the
case for disqualification. Petitioner’s motion was opposed
by private respondent.
The motion was not resolved. Instead, on August 31,
1998, the COMELEC enbanc rendered its resolution.
Voting 4 to 1, with one commissioner abstaining, the
COMELEC enbanc reversed the ruling of its Second
Division and declared private respondent qualified to run
for vice mayor
5
of the City of Makati in the May 11, 1998
elections. The pertinent portions of the resolution of the
COMELEC enbanc read:
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636
636 SUPREME COURT REPORTS ANNOTATED
Mercado vs. Manzano
637
VOL. 307, MAY 26, 1999 637
Mercado vs. Manzano
638
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639
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8 R.A. No. 7854, the Charter of the City of Makati, provides: “SEC. 20—
The following are disqualified from running for any elective position in the
city: . . . (d) Those with dual citizenship.”
9 JOVITO R. SALONGA, PRIVATE INTERNATIONAL LAW 166
(1995).
641
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642
642 SUPREME COURT REPORTS ANNOTATED
Mercado vs. Manzano
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645
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16 387 U.S. 253, 18 L. Ed. 2d 757 (1967), overrulingPerez v. Brownell,
356 U.S. 2 L. Ed. 2d 603 (1958).
647
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648
“By the laws of the United States, petitioner Frivaldo lost his American
citizenship when he took his oath of allegiance to the Philippine
Government when he ran for Governor in 1988, in 1992, and in 1995.
Every certificate of candidacy contains an oath of allegiance to the
Philippine Government.”
18
18
said in Aznar v. COMELEC applies mutatis mutandis to
private respondent in the case at bar:
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18 185 SCRA 703, 711 (1990). See also Kawakita v. United States, 343
U.S. 717, 96 L. Ed. 1249 (1952).
649
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650
Petition dismissed.
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