A natural-born Filipino with dual citizenship need not take an oath of alllegiance nor renounce foreign citizenship before running for public office.

The Supreme Court ruling cleared Parañaque City Vice Mayor Gustavo Tambunting of dodging the two requirements, allegedly violating the Citizenship Retention and Reacquisition Act and the Omnibus Election Code in the 2007 local polls.

In an en banc decision penned by Associate Justice Antonio Carpio, the SC noted that Tambunting was a native but was also an American citizen with an American father and a Filipino mother.

“In the present case, Tambunting, a natural-born Filipino, did not subsequently become a naturalized citizen of another country. Hence, the twin requirements in RA 9225 do not apply to him,” the SC said.

The tribunal affirmed the decision of both the Commission on Elections en banc and its Law Department that Tambunting did not commit an election offense by falsifying his certificate of candidacy, having stated that he was a natural-born Filipino with 36 years residency in the Philippines and 25 years at the locality where he wanted to run.

After the Comelec threw out the complaint of Gaudencio Cordora questioning the fitness of Tambunting to be elected into office, the case was elevated to the high court.

“The petition has no merit. We affirm the ruling of the Comelec en banc,” the SC said, adding that “there was no grave abuse of discretion in the Comelec en banc’s ruling that there is no sufficient and convincing evidence to support a finding of probable cause to hold Tambunting for trial for violation” of the Omnibus Election Code.”

The decision likewise found Tambunting’s residency requirement fulfilled.

“Cordora’s reasoning fails because Tambunting is not a naturalized American. Moreover, residency, for the purpose of election laws, includes the twin elements of the fact of residing in a fixed place and the intention to return there permanently, and is not dependent upon citizenship.” Rey E. Requejo