Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF ‘ATIVES
fens OSU

Introduced by Representative H. Harry L. Roque Jr.

EXPLANATORY NOTE

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 concem 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 R.A.

No. 7160, Section 40(d) and in R.A. 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.”

H. HARRY L. ROQUE JR.

* This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, First
Regular Session


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF ‘ATIVES
He No DOSS.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
AMENDING SECTION 40(D) OF REPUBLIC ACT NO. 7160 ALSO KNOWN AS
THE “LOCAL GOVERNMENT CODE OF 1991,” AS AMENDED, ON DUAL
ALLEGIANCE
AS A DISQUALIFICATION FOR CANDIDATES RUNNING FOR ANY ELECTIVE
LOCAL POSITION

Be wt enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 40 (d) of Republic Act No. 7160, also known as the “Local
Government Code of 1991,” on disqualifications of local elective officials is hereby amended
to read as follows.

“SEC. 40. Disqualifications. - The following persons are disqualified
from running for any elective local position

(a) Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;

(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 to the Republic;

(d) Those with dual [citizenship] ALLEGIANCE;

(e) Fugitives from justice in criminal or nonpolitical cases here or
abroad,

(f) Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the same right after
the effectivity of this Code; and

(g) The insane or feeble-minded.”

SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent

with the provisions of this Act is hereby repealed, modified, or amended accordingly.

SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,