THE BANNER STORY of Manila Times on the Maltese passport of Defense Secretary Gilberto Teodoro Jr. — which the DND explained had been surrendered and divulged to all agencies way back in 2021 when he ran for senator under the People’s Reform Party — comes at a time when Teodoro has been verbally lashing at China’s encroachment and continued bullying to our soldiers and fishermen in the West Philippine Sea.
It will be recalled that Teodoro, on October 7, 2021, while in isolation after testing positive for Covid-19 and through a proxy, filed his certificate of candidacy as senator for the 2022 election. He was named to the UniTeam senatorial slate.
In response to the Time’s shouting headline, DND spokesman Arsenio Andolong said in a brief statement that Teodoro’s Maltese passport was disclosed to relevant government institutions namely the Bureau of Immigration, the Commission on Election and the Committee on Appointments prior to his confirmation hearings for the DND position.
“The alleged existing Maltese passport of Sec. Gilberto C. Teodoro, Jr. was surrendered and renounced prior to the filing of his certificate of candidacy in 2021 for the 2022 elections,” Andolong said, highlighting that such a passport was never hidden from relevant agencies.
‘Public office is a public trust … The moment you take an oath to another flag, even by investment, you compromise the very foundation of your public duty.’
SECURITY RISK
Since Teodoro oversees the country’s defense, military strategy and national security, his dual citizenship could pose a threat to the country’s security, considering that the passport was granted as a transaction for rich people of the world to invest in Malta, the Times said.
Teodoro was issued passport No. 1259234 on Dec. 22, 2016, valid for 10 years (or until 2026) listing his full name as Gilberto Eduardo Gerardo Cojuangco Teodoro Jr., born on June 14, 1964, and place of birth in the Philippines.
Under Philippine law and constitutional doctrine, dual citizenship is prohibited for public officials, particularly those with Cabinet-level positions.
The Times quoted legal experts warning that Teodoro’s foreign citizenship may not only be a technical violation, but a serious breach of national security, with possible consequences ranging from disqualification to constitutional litigation.
Teodoro was appointed secretary of the Department of National Defense (DND) by President Ferdinand Marcos Jr. in June 2023. He held the same post from August 2007 to November 2009. Below are excerpts from the Times story:
GOLDEN PASSPORT
Teodoro may have acquired Maltese citizenship through Malta’s controversial citizenship-by-investment program. The “golden passport” system has been condemned by the European Union because it grants citizenship to wealthy foreigners in exchange for substantial financial investments.
Reports said Malta’s scheme requires a minimum contribution of €600,000 (roughly P39,642,000) to the Maltese government, the purchase or long-term lease of property, and a donation to charity.
Those granted citizenship are required to take an oath of allegiance to the Republic of Malta.
Legal experts said that would directly violate the core principles of Philippine law and constitutional norms demanding exclusive national allegiance, particularly for those holding sensitive, security-related positions in government.
In a landmark 2024 decision, the European Court of Justice (ECJ) declared Malta’s golden passport scheme illegal under EU law, stating it “amounts to rendering the acquisition of nationality a mere commercial transaction.”
The ruling followed a complaint from the European Commission, which argued that selling citizenship to foreign nationals without requiring genuine ties to the country threatens the integrity of European citizenship and introduces risks of corruption, money laundering and foreign interference.
The court warned that the program “jeopardizes mutual trust among member states” and fundamentally undermines the concept of citizenship as a bond of political and cultural identity, not a product for sale.
Malta’s government has pledged to review the scheme, but defended its benefits, claiming the program has generated over €1.4 billion since 2015.
COMPROMISED LOYALTY
The implications for the Philippines are no less serious. By potentially participating in a scheme condemned by Europe’s highest, Teodoro may have exposed himself to perceptions of compromised loyalty, or worse, susceptibility to foreign influence.
“Malta’s scheme was never about cultural integration. It was about creating backdoor access to Europe for the ultra-wealthy. If a Philippine defense official took this route, it raises red flags — not just legally, but diplomatically,” Times cited an unnamed source in the diplomatic community.
Unlike countries that grant dual citizenship automatically by birth or descent, Malta’s program is transactional — citizenship in exchange for money. Under its framework, applicants are screened financially.
DUAL ALLEGIANCE
Republic Act (RA) 9225 and the Constitution both declare that dual allegiance is “inimical to the national interest.”
If Teodoro did not formally renounce this allegiance prior to assuming office, his presence at the helm of the DND may be legally untenable.
Under RA 9225, also known as the Citizenship Retention and Re-Acquisition Act of 2003, natural-born Filipinos who reacquire their Philippine citizenship after naturalizing in another country must formally renounce their foreign citizenship before holding public office.
Section 5 of RA 9225 is explicit: “Those appointed to any public office shall … renounce their oath of allegiance to the country where they took that oath.”
The Civil Service Commission (CSC) has further clarified that the requirement applies strictly to individuals whose foreign citizenship was acquired through naturalization.
Without such renunciation, a dual citizen’s appointment to public office would be constitutionally infirm and legally questionable.
NOT JUST ABOUT A PASSPORT
In an interview, Arnedo S. Valera, a Washington D.C.-based constitutional lawyer and international law scholar, said the issue is not merely legal, it’s existential for Philippine sovereignty.
“This is not just about a passport. This is about the integrity of the Republic. Cabinet members sit in meetings involving national defense, foreign policy, and classified intelligence. You cannot have a defense secretary who has sworn allegiance to a foreign country — especially one whose passport grants him free movement across the European Union.”
Valera emphasized that the Constitution demands exclusive allegiance from public servants, particularly those in executive positions. Citing Article XI, Section 1 of the 1987 Constitution, he said.
“Public office is a public trust. That means you must be loyal to one — and only one — sovereign. The moment you take an oath to another flag, even by investment, you compromise the very foundation of your public duty.”
“This is a Cabinet Secretary. The public has every right to demand transparency. The President, the Department of Justice, and the Commission on Appointments must ask: Has he renounced? If not, then why is he still in office?” Valera said.
SECURITY RISKS
Apart from the legal ramifications, analysts warned of national security risks. As Defense secretary, Teodoro has access to classified military information, foreign defense agreements, and intelligence briefings.
A dual citizen in such a position, some experts argued, represents a point of vulnerability, especially with increasing geopolitical tensions in the Indo-Pacific.
“You can’t wear two flags on your sleeve when the nation’s fate is on the line,” Valera said. “If we don’t draw the line here, then we no longer know where the line is.”
If Teodoro did not renounce his Maltese citizenship before assuming office, several legal consequences may ensue: his appointment may be voided, retroactively invalidating his decisions and actions as defense secretary.
He may also face administrative and criminal liability for misrepresentation or non-disclosure, and a Senate investigation or Supreme Court petition may be filed to determine compliance with the Constitution and RA 9225.
So, I raise my suspicion that China has a hand in such a disclosure, considering its suspicious timing.
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