DEFENSE Secretary Gilberto Teodoro Jr., the man who oversees the country’s defense, military strategy and national security, holds a passport from Malta, making him a dual citizen of the Philippines and that European country.
Documents obtained by The Manila Times showed that Teodoro was issued passport No. 1259234 on Dec. 22, 2016, valid for 10 years. The passport lists Teodoro’s full name (Gilberto Eduardo Gerardo Cojuangco Teodoro Jr.), date of birth (June 14, 1964), and place of birth (Philippines).
Under Philippine law and constitutional doctrine, dual citizenship is prohibited for public officials, particularly those with Cabinet-level positions.
Legal experts warned 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.
Defense Secretary Gilbert Teodoro PHOTO BY J. GERARD SEGUIA
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.
‘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.
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,” said a diplomatic analyst who asked not to be identified. “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.”
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.
In a 2015 ruling (Arnado v. Comelec GR 210164), the Supreme Court disqualified a local official who reacquired Philippine citizenship but continued to use his American passport.
The court ruled that using a foreign passport “is a positive act showing that he continued to avail of the benefits of foreign citizenship … and is evidence of continued allegiance.”
This precedent, now known as the Arnado Doctrine, has become a cornerstone in adjudicating cases of dual allegiance in the public sector.
Legal analysts said it sets a dangerous precedent if the same standard is not applied to Teodoro.
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.”
When asked about RA 9225’s renunciation clause, Valera said the law is non-negotiable.
“If a government official never formally renounced his citizenship in a foreign country through a sworn affidavit and registration, and if he continues to hold or use that passport, then he is in clear violation of both RA 9225 and the Arnado Doctrine,” Valera said.
He added that possession alone of the passport, without active use, raises a presumption of allegiance, unless actively renounced.
“This is a Cabinet Secretary, not a village councilor. 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.
“This goes beyond paperwork,” said a retired intelligence officer who requested anonymity. “A foreign passport opens up a channel — whether exploited or not — that no security official should ever have. Even the mere possibility of dual allegiance weakens our position.”
“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.
The Manila Times sought comment from Teodoro and his camp several times.
Two ways
In its website, the Immigrant Invest said there are two ways to obtain Malta citizenship: rent an apartment for a minimum of 16,000 euros annually or purchase a house worth at least 700,000 euros.
An investor who contributes 600,000 euros may apply for citizenship after the residence permit is kept for three years, Immigrant Invest said.
If the contribution is 750,000 euros, the residence period is reduced to one year. An extra 50,000 euros must be paid for each family member.
Applicants should prove financial stability by declaring owning assets worth at least 500,000 euros, and 150,000 euros in cash.
The funds are divided up between the National Development and Social Fund, through which several beneficial projects and investments were and continue to be carried out.
More than €60 million was allocated to social housing projects, providing hundreds of social housing apartments that have offered a more dignified life to thousands of individuals, Immigrant Invest said.
WITH BERNADETTE E. TAMAYO
