SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 
Itl99 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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'13 
SEP 17 P 3 :55 
Republic Act No. 7160, also known as the "Local Government Code of 1991," Section 
40( d) provides that a person with dual citizenship is disqualified from running for any elective 
local position. However, the Supreme Court in Mercado v. Manzano, 307 SCRA 630 (1999), 
stated that Section 40( d) should be understood to mean dual allegiance and not dual citizenship. 
Said the Supreme Court: 
Clearly, in including § 5 in Article IV on citizenship, the concern of the 
Constitutional Commission was not with dual citizens per se but with naturalized 
citizens who maintain their allegiance to their countries of origin even after their 
naturalization. Hence, the phrase "dual citizenship" in RA. No. 7160, Section 
40( d) and in RA. No. 7854, Section 20 must be understood as referring to '~dual 
allegiance. 
Consequently, persons with mere dual citizenship do not fall under this disqualification. 
Unlike those with dual allegiance, who must, therefore, be subject to strict process with respect 
to the termination of their status, for candidates with dual citizenship, it should suffice if, upon 
the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their 
status as persons with dual citizenship considering that their condition is the unavoidable 
consequence of conflicting laws of different states. 
This bill aims to correct the oversight in the drafting of Section 40(d)' of R.A. No. 7160, 
in order to make Section 40 (d) conform to the Constitution and the ruling of the Supreme Court 
in the case mentioned above.' 
iI' 
• 
~'- .A'h . .4.v- .O',,:¢''h' 
#.MIRIAM D'EF~~SOR S~TI1fiV 
• This bill was originally filed during the Thirteenth Congress, First Regular Session 
1 


. 'sermtt' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
<eHl:r- of til~>rH{'tar~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 1699 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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SEP 17 P 3 :55 
RECEIVEIl 1)'1. p. 
2 
AMENDING SECTION 40(D) OF REPUBLIC ACT NO. 7160 ALSO KNOWN AS 
3 
THE "LOCAL GOVERNMENT CODE OF 1991," AS AMENDED, ON DUAL ALLEGIANCE 
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AS A DISQUALIFICATION FOR CANDIDATES RUNNING FOR ANY ELECTIVE LOCAL 
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POSITION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Section 40 (d) of Republic Act No. 7160, also known as the "Local 
7 
Government Code of 1991," on disqualifications oflocal elective officials is hereby amended to 
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read as follows: 
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"SEC. 40. Disqualifications. - The following persons are disqualified from 
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running for any elective local position: 
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(a) Those sentenced by final judgment for an offense involving moral 
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turpitude or for an offense punishable by one (1) year or more of imprisonment, 
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within two (2) years after serving sentence; 
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(b) Those removed from office as a result of an administrative case; 
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(c) Those convicted by final judgment for violating the oath of allegiance 
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to the Republic; 
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(d) Those with dual [citizenship] ALLEGIANCE; 
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( e) Fugitives from justice in criminal or nonpolitical cases here or abroad; 
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(f) Permanent residents in a foreign country or those who have acquired 
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the right to reside abroad and continue to avail of the same right after the 
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effectivity of this Code; and 
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(g) The insane or feeble-minded." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
3 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 3. Effectivity Cl~use. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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