FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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 the case of Mercado v. Munzuno, 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 § S  in Article IV on citizenship, the concern of the 
Constitutional Commission was not with dual citizens pev 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.” (Emphasis 
supplied) 
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.* 
* This hill was originally tiled dncing the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUSLIC) 
OF THE PHILIPPINES 
SENATE 
S.NO. 1760 
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Introduced by Senator Miriam Defensor Santiago 
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 it 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; 
(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; 
(0 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. 
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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. 
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SECTION 3. E’ectivity 
Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
JPS/l-22-07 
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