DOJ: No foreigner can sit as independent board member of Maharlika Corp.

The Department of Justice has issued a legal opinion to the palace that foreign nationals are not allowed to sit as independent directors of the Maharlika Investment Corporation.
 
In the letter of DOJ Undersecretary Raul Vasquez to Presidential Management Staff Head Elaine Masukat dated February 19, 2024, the 1987 Constitution is explicit in setting the standards for public officials and that only Filipino citizens may become public officers and employees of the Philippine government.

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The DOJ also noted that a foreign national does not owe any allegiance to the Philippines and the Constitution.
 
“Hence, we are of the opinion that a foreign national cannot be legally appointed by the President as an independent director of the MIC,” Vasquez said.
 
In the letter of Masukat dated November 30, 2023, it was noted that Republic Act No. 11954 or the Maharlika Investment Fund Act and its Implementing Rules and Regulations were silent on the citizenship requirement, as opposed to the requirement that regular directors should be citizens of the Philippines.

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The DOJ also stated that natural-born Filipino citizens with dual citizenship at birth may be appointed as independent director, without the need of renouncing his or her foreign citizenship.
 
“Please be guided accordingly,” Vasquez told Masukat.