Political Law Reviewer: San Beda College of Law
Political Law Reviewer: San Beda College of Law
Political Law Reviewer: San Beda College of Law
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THE 1935, 1973, AND 1987 perform any act to acquire that
CONSTITUTION? citizenship
● 1935: children born of Filipino
mothers under the 1935 SUPPOSING THE CHILD WAS BORN ON
Constitution only have an inchoate JANUARY 16, 1973 HIS MOTHER IS
right or an expectancy that they FILIPNO CITIZEN, THE FATHER IS
may become Filipino citizens upon CHINESE CITIZEN. WHAT IS THE
reaching the age of majority STATUS OF THE CHILD DURING HIS
● 1973: Children born of Filipino MINORITY? THIS IS BEFORE THE 1973
mothers regardless of filiation CONSTITUTION.
legitimate or illegitimate will ● Not Filipino citizen. He can only
automatically become a filipino become Filipino citizen when he
citizen at birth. It confers elects Filipino citizenship at the
citizenship to these groups of time he reaches the age of
children without need to perform majority.
any other act.
● 1987: it did not only consider them ARE ALL CHILDREN BORN UNDER THE
as Filipino citizens but also bent 1935 CONSTITUTION OF FILIPINO
backward by considering those MOTHERS REQUIRED TO ELECT
who were under this group as FILIPINO CITIZENSHIP UPON
natural-born Filipino citizens REACHING THE AGE OF MAJORITY?
because under the 1973 ● NO. In Republic v. Lim, the
Constitution they are considered respondent was born to a Filipino
as naturalized because as was said mother and Chinese father. She
by the SC in Benzon v. HRET there was born under the 1935 Consti
are only two kinds of citizens: out of wedlock meaning
Natural-born or naturalized. illegitimate.
Meaning if the child is not a ● The SC said that the requirement
naturalized citizen then he is under Commonwealth Act No. 625
natural-born. Therefore, under the to elect Filipino citizenship upon
1987 Constitution they are now reaching age of majority only
given the status as natural-born applies to legitimate children.
Filipino citizens in accordance Illegitimate children born of
with Section 2 of Article 4. Filipino mothers are natural-born
Filipino citizens without having the
WHAT ARE THE CONDITIONS TO BE need to elect to Filipino citizenship
CONSIDERED AS A FILIPINO CITIZEN upon reaching the age of majority.
UNDER THE THIRD GROUP OF Illegitimate children follow the
CITIZENS? citizenship of their mother. This is
1. The child must be born before in line with traditional
January 17, 1973; international law because of the
2. The mother must be a Filipino presumption that the mother of
citizen; and the child shall have full parental
3. He must elect Filipino citizenship authority over the child and shall
upon reaching the age of majority provide support to the child. Thus,
the child follows the citizenship of
JANUARY 17, 1973, WHAT IS THE the mother.
RELEVANCE OF THAT DATE?
● Effectivity of the 1973 Constitution DOES THAT MEAN THAT A CHILD
● These group refers to children BORN TO A FILIPINO
born under the 1935 Constitution FATHER-AMERICAN MOTHER OUT OF
because under the 1973 WEDLOCK IS CONSIDERED AS AN
Constitution, a child born to a AMERICAN CITIZEN? SUPPOSING
Filipino mother is a natural-born BORN UNDER THE 1935 CONSTITUTION
Filipino citizen without having to OR BEFORE JANUARY 17, 1973. DO WE
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FOLLOW THE REPUBLIC V. LIM THAT must be registered with the
THE CHILD SHALL FOLLOW THE nearest Philippine civil registry.
CITIZENSHIP OF THE MOTHER?
● In Tecson v. COMELEC, the WHEN MUST THEY ELECT PHILIPPINE
person involved is FPJ. He was CITIZENSHIP?
born to an American mother. The ● Constitution says “upon reaching
father was presumed Filipino of age of majority”
citizen and he was born under the ● While it was lowered from 21 to 18,
1935 Constitution out of wedlock. the SC still applies the age of
● We cannot apply the international majority under the 1935
law or the traditional international Constitution. In cases of Co vs.
law that the illegitimate child shall House of Representatives [G.R.
follow the citizenship of his Nos. 92191-92, July 30, 1991], In re:
mother because the law will only Application for Admission to the
be applied if it will accommodate Bar of Vicente Ching [B.M. No.
citizenship or accommodate a 914, October 1, 1999], the
child to become a Filipino citizen. obligation to elect Filipino
This shows the character of citizenship shall start upon
citizenship laws in the Philippines. reaching the age of 21.
● Filipino citizenship is
ACCOMODATING. It will extend UNTIL WHEN? BECAUSE THE
international law or general CONSTITUTION ONLY SAYS UPON
principles of law in order to REACHING AGE OF MAJORITY.
accommodate a child to become a ● It must be made within a
Filipino citizen but not to deprive a reasonable time and it has been
child of the privilege of becoming a explained to mean within a period
Filipino citizen. of 3 years from reaching the age of
● Hence, the SC ruled that under the 21 (In Re: Ching)
Constitution, children born of
Filipino fathers are citizens of the IS THERE A PROCEDURE IN ELECTING
Philippines without any FILIPINO CITIZENSHIP?
qualification. Legitimate or ● CA 625 which provides three
illegitimate, THEY ARE FILIPINO conditions for a valid election of
CITIZENS. In that regard, the Filipino citizenship:
express provision of the 1. Made in writing and Sworn
Constitution shall apply rather before the officer
than the generally accepted authorized to administer
principle of international law. oaths
2. Register in the registry
UNDER CA NO. 625, THERE ARE 3 nearest civil
REQUISITES FOR A VALID ELECTION 3. Oath of allegiance to
OF FILIPINO CITIZENSHIP: support and defend the
1. Legitimate children born of laws of the Philippines
Filipino mothers;
2. Born before January 17, 1972; and CA NO. 625 REQUIRES A FORMAL
3. Upon reaching the age of majority, ELECTION. CAN THERE BE AN
they must express their intent to INFORMAL ELECTION OF FILIPINO
elect of Filipino citizenship in a CITIZENSHIP?
written statement sworn before ● Respondent in Co case and the
any officer authorized to petitioner in Ching case are both
administer oath. The written born under the 1935 Constitution.
statement must be accompanied They were both born to Filipino
by an oath of allegiance to support mothers. Their fathers are
and defend the Constitution and Chinese. Both of them are CPAs
government of the Philippines and and elected in local elections. They
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both participated during the comply with the requirements
election. under CA 625.
● In the case of Co, the SC said that ● In the Ching case, the petitioner
those acts are already constitutive complied with the requirements of
of election insofar as respondent is CA 625 when he was already 35
concerned. years old. 14 years after attaining
● But in case of petitioner Ching, the age of 21. SC said, by any
those are not enough. The stretch of interpretation, 14 years
difference is that in Ong v. HRET, cannot be considered as
the father of respondent Ong was reasonable time. It was too late for
naturalized when he was still 9 petitioner Ching to elect Filipino
years old. Applying derivative citizenship. He can only become a
naturalization under Section 15 of Filipino by naturalization and not
CA 473, respondent Ong was through election.
considered as a citizen of the
Philippines when he was still a SUPPOSING THE CHILD WAS BORN OF
minor. SC said applying the ruling FILIPINO MOTHER-CHINESE FATHER
in In Re: Mallari, informal UNDER THE 1935 CONSTITUTION AND
elections apply to those who are UPON REACHING THE AGE OF 21 THE
already citizens of the Philippines PERSON DECLARED THAT HE IS
at the time election of Filipino ELECTING FILIPINO CITIZENSHIP, HE
citizenship comes up. SUBSCRIBED OATH OF ALLEGIANCE
● Formal election is required to BUT HE ONLY REGISTERED THE
those who are not yet citizens of DOCUMENTS 30 YEARS AFTER
the Philippines, petitioner Ching ATTAINING THE AGE 21, IS THAT STILL
was never a Filipino citizen. A VALID ELECTION? BECAUSE IF 7 AND
14 YEARS ARE NOT REASONABLE,
WHY IS THERE A NEED TO ELECT IF MORE SO 30 YEARS?
THEY ARE ALREADY FILIPINO ● In the case of Cabiling Ma vs.
CITIZENS? Fernandez [G.R. No. 183133, July
● To make them natural-born 26, 2010], the petitioners were
Filipino citizens born under the 1935 Constitution.
● Had respondent Ong did not They were born to Taiwanese
perform positive acts showing father-Filipino mother. Upon
election or implied election of attaining the age of 21, they
citizenship, he at most will be executed a written statement of
considered as a naturalized election of Filipino citizenship
Filipino citizen. But since he has under oath and subscribed to an
participated in activities reserved oath of allegiance to support and
only to Filipinos like entering into defend the Consti of the
a profession reserved for Filipinos, Philippines. Unfortunately, they
voting, running for public office did not register the written
where citizenship is a qualification statement and oath of allegiance
● The SC said these acts are no less with the nearest civil registry until
than binding than a formal election after 30 years from attaining age of
under CA No. 625. 21 (they were already 50 years old).
● Which means that insofar as
children who are not yet citizens CAN THEY STILL BE ALLOWED TO
of the Philippines at the time they COMPLETE THE REQUIREMENTS
have reached the age of 21 have to UNDER CA NO. 625?
comply with the requirements of ● Yes. The determinative fact of
CA 625. election is not the registration.
● In IN RE: CHING, while he has Registration only means to record
participated in the same activities, or annotate. The only purpose of
these are not enough. He has to
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registration is notice to the whole 4. Subscribing to an oath of
world. allegiance
● There can be acts which are also 5. By cancellation of the certificate of
equivalent to registration like naturalization
participation in activities reserved 6. By having declared by competent
to Filipino citizens or introducing authority a deserter of the
themselves as Filipino citizens. Philippine armed forces in time of
These are also considered as war
notice.
● They were allowed to complete
Under Section 3 of Article 4, Philippine
the requirements even after 30
citizenship may be lost or reacquired in
years. (Cabiling v. Fernandez)
the manner provided by law. CA No. 63
enumerates the modes of losing Filipino
BUT THERE WAS A CONDITION?
citizenship. One of these modes has
● The SC said that as long as in the
already been abrogated with the advent
meanwhile they have performed
of SECTION 4 OF ARTICLE 4 OF THE
activities constitutive of notice. In
1987 CONSTITUTION. Because Filipino
the meanwhile that they have not
women who marry aliens shall retain
registered the written statement
their citizenship unlike in CA No. 63 this
and oath of allegiance, they have
is one of the modes of losing
performed activities constitutive
citizenship.
of their election to become Filipino
citizens.
● If in the meantime, they did not ANOTHER MODE OF LOSING UNDER CA
perform any act which is NO. 63 IS BY NATURALIZATION IN A
constitutive of their election, that FOREIGN COUNTRY. WITH THE
ruling of the SC would have been ADVENT OF R.A. NO. 9225, CAN WE SAY
different. But because in this case THAT THIS MODE OF LOSING FILIPINO
they have performed activities CITIZENSHIP HAS ALREADY BEEN
reserved only to Filipino citizens, INVALIDATED OR CAN WE SAY THAT
THAT IS NOTICE AS WELL. CA NO. 63 IS REPEALED TO THE
EXTENT THAT NATURALIZATION IN A
FOREIGN COUNTRY IS NO LONGER A
SECTION 3. Philippine citizenship may MODE OF LOSING FILIPINO
be lost or reacquired in the manner CITIZENSHIP?
provided by law. ● No. The provision under CA 63
that it is lost upon naturalization in
SECTION 4. Citizens of the Philippines foreign country is still applicable
who marry aliens shall retain their to naturalized Filipino citizens who
citizenship, unless by their act or subsequently is naturalized in a
omission they are deemed, under the foreign country
law, to have renounced it. ● RA 9225 only applies to
NATURAL-BORN FILIPINO
WHAT ARE THE MODES OF LOSING CITIZENS.
FILIPINO CITIZENSHIP? ● Naturalized Filipino citizens
1. By naturalization in the foreign cannot avail of the benefits of RA
country 9225.
2. By accepting commission in or ● Under RA 9225, natural-born
rendering services to the armed Filipino citizens who are
forces of the foreign state naturalized in a foreign country
provided that there is consent by can either reacquire or retain their
the Philippines citizenship upon subscribing to an
3. By express renunciation of oath of allegiance to support and
citizenship defend the Constitution and
Government of the Philippines.
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6. Persons who, during the period of
WHO MAY BE NATURALIZED FILIPINO their residence in the Philippines,
CITIZENS UNDER CA 473? have not mingled socially with the
1. He must be not less than Filipinos, or who have not evinced
twenty-one years of age on the a sincere desire to learn and
day of the hearing of the petition; embrace the customs, traditions,
2. He must have resided in the and ideals of the Filipinos;
Philippines for a continuous period 7. Citizens or subjects of nations with
of not less than ten years; whom the Philippines are at war,
3. He must be of good moral during the period of such war;
character and believes in the 8. Citizens or subjects of a foreign
principles underlying the country whose laws do not grant
Philippine Constitution, and must Filipinos the right to become
have conducted himself in a naturalized citizens or subjects
proper and irreproachable manner thereof
during the entire period of his
residence in the Philippines in his SUPPOSING A IS A CHINESE CITIZEN
relation with the constituted WHO HAS BEEN RESIDING IN THE
government as well as with the PHILIPPINES FOR 9 YEARS AND 15
community in which he is living. DAYS. ON HIS 9TH YEAR AND 16TH
4. He must own real estate in the DAY, HE WENT TO CHINA. WHEN HE
Philippines worth not less than five RETURNED TO THE PHILIPPINES CAN
thousand pesos, Philippine HE COMPLETE THE REMAINING 15
currency, or must have some DAYS IN ORDER TO BE QUALIFIED TO
known lucrative trade, profession, APPLY FOR NATURALIZATION?
or lawful occupation; ● Residence should be interpreted to
5. He must be able to speak and write mean domicile which means a
English or Spanish and any one of person must have domicile in the
the principal Philippine languages; Ph. Hence, he may still continue
and the 9th year and 16th day when he
6. He must have enrolled his minor returns here in the Philippines.
children of school age, in any of
the public schools or private BEFORE THE FILING OF THE PETITION
schools recognized by the IS THERE A PROCESS MANDATED TO
government. ALLOW THE FILING OF PETITION?
● 1 year before the filing of the
DISQUALIFICATIONS actual petition the petitioner must
1. Persons opposed to organized file a declaration or manifestation
government or affiliated with any of his intention to become a
association or group of persons Filipino citizen before the OSG.
who uphold and teach doctrines
opposing all organized DID THE SC AGREE IN PEOPLE v. DELA
governments; ROSA THAT THE REQUIREMENTS
2. Persons defending or teaching the UNDER CA 473 ARE JUST PROCEDURAL
necessity or propriety of violence, MATTERS AND THEREFORE CAN BE
personal assault, or assassination RELAXED?
for the success and predominance ● No because this requirements are
of their ideas; jurisdictional which divest the
3. Polygamists or believers in the court of any jurisdiction in the
practice of polygamy; absence of compliance with the
4. Persons convicted of crimes requirements including the
involving moral turpitude; required allegations provided for
5. Persons suffering from mental by law
alienation or incurable contagious
diseases;
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WHEN DOES THE DECISION GRANTING SUPPOSING DURING THE MINORITY
THE DECREE OF NATURALIZATION THEY STARTED TO RESIDE IN THE
BECOME FINAL? PHILIPPINES?
● The date of finality is after 30 days ● Citizens of the Philippines
from receipt of the OSG granting
the decree. The 2 year period MINOR CHILDREN BORN AFTER THE
refers to the executory manner of NATURALIZATION OF THE FATHER
the order of naturalization. It is WHO IS RESIDING OUTSIDE THE
counted from the time the PHILIPPINES
decision became final. ● Filipino citizen provided upon
reaching the age of majority he
WHY DOES THE LAW REQUIRE 2 YEARS must register in the consulate
BEFORE THE DECREE OF office where he is residing
NATURALIZATION MAY BE EXECUTED? otherwise he will lose his status as
● The court must satisfy that the Filipino citizen.
petitioner did not leave the
Philippines WHAT IS THE EFFECT OF RA 9225 TO
● Dedicated himself continuously to THE MODE OF LOSING CITIZENSHIP?
a noble profession or calling DID IT REPEAL CA 63?
● Not been convicted of any offense ● It did not. It only modified CA 63
or violation of rules to the extent that only naturalized
● Not committed an act prejudicial Filipino citizen may lose its Filipino
to the interest of the nation or citizenship upon naturalization to
contrary to government- the foreign country. Because
announced policies natural born citizens will not lose
their Filipino citizenship by
WHAT IS THE CONDITION FOR THE subsequent naturalization in the
WIFE AND THE MINOR CHILDREN OF foreign country as long as they
THE NATURALIZED CITIZEN MAY ALSO comply with the requirement of RA
BE DEEMED A FILIPINO CITIZEN 9225.
WITHOUT PERFORMING ANY ACT?
● The phrase who might herself be WHAT IS THE CONDITION UNDER RA
lawfully naturalized does not 9225 FOR A NATURAL BORN CITIZEN
require that the wife to possess all WHO IS NATURALIZED IN A FOREIGN
the qualifications; the only COUNTRY MAY BE ACQUIRED OR
important condition is that the RETAIN HIS FILIPINO CITIZENSHIP?
wife does not suffer any of the ● By taking the oath of allegiance
disqualification. and have that oath of allegiance
registered in the civil registry or
WHAT IS THE RULE ON THE MINOR consulate office of the Philippines
CHILDREN BORN IN THE PHILIPPINES where he is residing.
AT THE TIME OF THE
NATURALIZATION OF THE FATHER?
Don’t be confused with RA 8725 which
● They shall be deemed citizens of
was applied in the Frivaldo case. This is
the Philippines
another repatriation law
MINOR CHILDREN BORN OUTSIDE THE
PHILIPPINES, RESIDING OUTSIDE THE
NOTE: REACQUIRE AND RETAINED
PHILIPPINES?
1. Reacquired presupposes that
● Citizen of the Philippines provided
one lost it and gets it back
they start residing in the
2. Retained presupposes that a
Philippines during their minority
person never lost it at all.
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WHEN DO WE APPLY REACQUISITION left to inference or implication. (Yu
AND WHEN DO WE APPLY RETENTION? v. Defensor-Santiago)
● We apply the term reacquisition ● In the case of Yu v.
for natural-born Filipinos who Defensor-Santiago, the petitioner
were naturalized in a foreign is a former Portuguese citizen, he
country before the effectivity of RA was naturalized in the Philippines.
9225 meaning before 2003. After he was naturalized, he
● The term retention is applied to renewed his Portuguese passport
natural-born Filipinos who are and used it and introduced himself
naturalized in a foreign country in his travel documents as a
after effectivity of RA 9225. Portuguese national. The SC
● RA 9225 is a repatriation law. In considered the totality of the act
the case ALTAJEROS v. COMELEC, as express renunciation. While
SC said that repatriation law is there is no express renunciation
curative in character and they are meaning petitioner expressly
retroactive in application. Under renounces his Filipino citizenship,
this law, to retain citizenship after the SC said that the totality of the
having been naturalized in a acts are inconsistent with the
foreign country, he has to execute retention of the Filipino
an oath of allegiance to support citizenship. In that regard, he is
and defend the Constitution and deemed to have expressly
laws of the Philippines. renounced his Filipino citizenship.
SUPPOSING X IS A NATURAL-BORN DOES IT MEAN THEN THAT THE USE
FILIPINO AND AFTER THE EFFECTIVITY OF FOREIGN PASSPORT WOULD
OF RA 9225 SAY JANUARY 1, 2005, X RESULT IN EXPRESS RENUNCIATION
WAS NATURALIZED IN US AND X CAN OF FILIPINO CITIZENSHIP?
RETAIN HIS FILIPINO CITIZENSHIP BY ● No. Use of foreign passport is not
SUBSCRIBING TO AN OATH OF of the grounds of losing Filipino
ALLEGIANCE. WHAT IF HE ONLY citizenship. The only effect of the
SUBSCRIBED TO THE OATH OF use of the American passport is
ALLEGIANCE IN DECEMBER 2005. that he has withdrawn his affidavit
WHAT IS HIS STATUS FROM JANUARY 1 of renunciation of his foreign
– NOVEMBER 2005? IS HE ONLY citizenship. When he used his
AMERICAN CITIZEN OR DUAL CITIZEN? American passport, he again
● Dual citizen reverted to his former status -
● RA 9225 is repatriation law. dual citizen. In that regard he
Curative in character and cannot run for any elective office
retroactive in application. without that renunciation.
● He is deemed not to have lost his (Maquiling v. COMELEC)
Filipino citizenship. He is deemed ● In the case of Maquiling v.
to have retained it even if he was COMELEC, the respondent here is
naturalized in America. The act of a natural-born Filipino citizen and
subscribing to an oath of was naturalized in the US. After
allegiance retroacts to the day that the effectivity of RA 9225, he
he was naturalized in the US. In reacquired his Filipino citizenship.
that regard, he is a dual citizen. After the reacquisition, he
executed an affidavit of
ANOTHER MODE OF LOSING FILIPINO renunciation of his American
CITIZENSHIP IS EXPRESS citizenship in order that he may
RENUNCIATION OF CITIZENSHIP. run for public office because under
WHAT IS EXPRESS RENUNCIATION? RA 9225 those who would like to
● Renunciation made known hold public office either by
distinctly and explicitly and not election or appointment have to
expressly renounce through an
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affidavit of renunciation their reacquisition under CA No. 63, by
foreign citizenship but after direct act of Congress, or
renunciation of his American repatriation.
citizenship he used his American ● The mere fact that he resumed his
passport. activities as Filipino citizen does
not revert back his lost Filipino
UNDER CA NO. 63, CITIZENSHIP CAN citizenship
BE REACQUIRED IN 3 MODES THESE ● This country of ours, for all its
ARE? difficulties and limitations, is like a
1. Naturalization jealous and possessive mother.
2. Act of Congress Once rejected, it is not quick to
● Where the Congress enacts welcome back with eager arms its
a law conferring Filipino prodigal if repentant children. The
citizenship to a specific returning renegade must show, by
individual or identified an express and unequivocal act,
groups of individuals. the renewal of his loyalty and love.
Example of this is the ● Mere participation in activities
conferment of Filipino reserved to Filipino citizens does
citizenship to Andray not automatically confer him the
Blatche. That is lost Filipino citizenship. He has to
naturalization through reacquire it
direct act of Congress
3. Repatriation IN LABO v. COMELEC, THE PETITIONER
HERE IS A NATURAL-BORN CITIZEN
WHAT IS THE EFFECT OF THE AND MARRIED AN AUSTRALIAN
REPATRIATION? CITIZEN, UNDER THE LAW OF
● It reverts back to the status of the AUSTRALIA HE WAS CONSIDERED AS A
Filipino citizen CITIZEN OF AUSTRALIA AS WELL BUT
SUBSEQUENT TO THEIR MARRIAGE,
WHAT IS THE CHARACTER OF THE MARRIAGE BETWEEN THE
REPATRIATION LAWS ACCORDING TO PETITIONER AND HIS WIFE WAS
THE CASE OF ALTAJEROS v. COMELEC? DECLARED NULL AND VOID FOR BEING
● Remedial in character. Retroactive BIGAMOUS. THE THEORY OF THE
in application PETITIONER IS THAT SINCE HE LOST
HIS FILIPINO CITIZENSHIP BY
IN THE CASE OF FRIVALDO v. COMELEC MARRYING AN AUSTRALIAN
(1989) AFTER NATURALIZED IN US, NATIONAL, THE DECLARATION OF
FRIVALDO RETURNED TO THE NULLITY OF HIS MARRIAGE WOULD
PHILIPPINES WHEN PRESIDENT HAVE THE EFFECT OF HIM NOT
MARCOS WAS OUSTED AND UPON HAVING LOST HIS FILIPINO
RETURN TO THE PHILIPPINES HE CITIZENSHIP AT ALL. DID THE SC
RESUMED HIS ACTIVITIES AS A AGREE?
FILIPINO CITIZEN - HE RAN FOR ● No. The SC said that once you are
PUBLIC OFFICE. ACCORDING TO HIM, considered a citizen of another
THAT RESULTED TO HIS country and you lost that
REACQUISITION OF FILIPINO citizenship, it does not mean that
CITIZENSHIP. DID THE SC AGREE? you can automatically 2get Filipino
● No. In order to reacquire Filipino citizenship
citizenship which was already lost, ● Philippine citizenship is not a
the applicant must comply with cheap commodity that can be
any of the 3 modes of acquiring easily recovered after its
Filipino citizenship either by renunciation. It may be restored
naturalization, whether as an only after the returning renegade
initial mode of acquiring makes a formal act of rededication
citizenship under CA No. 473 or to the country he has abjured and
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he solemnly affirms once again his former are considered citizens,
total and exclusive loyalty to the unless by their act or omission
Republic of the Philippines. This they are deemed to have
may not be accomplished by renounced Philippine citizenship.
election to public office.
● The mere lost of foreign UNDER RA 9225, NATURAL-BORN
citizenship does not automatically FILIPINO CITIZENS WHO ARE
vest the lost Filipino citizenship NATURALIZED IN A FOREIGN COUNTRY
● The application of res judicata CAN RETAIN THEIR FILIPINO
does not apply to naturalization CITIZENSHIP BY SUBSCRIBING TO AN
cases. Citizenship of the Filipinos OATH OF ALLEGIANCE TO THE
is always open to attack. Res PHILIPPINES. BUT ALL
judicata in citizenship may only be NATURALIZATION LAWS IN THE
applied when the latter is the 1) lis WORLD CONCLUDE BY TAKING AN
mota of the controversy, 2) when OATH OF ALLEGIANCE. WHICH MEANS
the case is with the active THAT IF A FILIPINO CITIZEN IS
participation of the OSG or when NATURALIZED IN US, THE
3) the citizenship was approved by NATURALIZATION IN US SHALL
the SC. CONCLUDE BY TAKING AN OATH OF
ALLEGIANCE BUT THAT NATURALIZED
CITIZEN CAN RETAIN HIS FILIPINO
SECTION 5. Dual allegiance of citizens CITIZENSHIP BY SUBSCRIBING TO AN
is inimical to the national interest and OATH OF ALLEGIANCE TO THE
shall be dealt with by law. PHILIPPINES. IS THAT NOT DUAL
ALLEGIANCE? BECAUSE UNDER THAT
DOES DUAL ALLEGIANCE MEAN DUAL CIRCUMSTANCE THAT PERSON HAS AN
CITIZENSHIP? ALLEGIANCE TO THE US AND ALSO TO
● In Mercado v. Manzano, the issue THE PHILIPPINES. CAN WE SAY THAT
here is the provision of RA 7160 IT IS PROHIBITED BY THE
that disqualifies dual citizens from CONSTITUTION?
running to any local elective office. ● No. Once a person subscribes to
The SC said that to the extent that an oath of allegiance to the
the disqualification extends to dual Philippines it erases all previous
citizens, that provision is allegiances regardless of the effect
unconstitutional because what is of that allegiance to the other
prohibited by the Constitution is state, even if the other state does
only dual allegiance. not consider it as renunciation of
● Dual citizenship happens in cases allegiance in that foreign country,
of conflicting laws. It is our laws consider that as null and
involuntary. void so in the eyes of our laws
there is only one allegiance -
IN MERCADO v. MANZANO, THE SC allegiance to our Constitution and
ENUMERATED 3 INSTANCES WHEN laws.
DUAL CITIZENSHIP MAY RESULT
1. Those born of Filipino fathers SUPPOSING A CANDIDATE FOR AN
and/or mothers in foreign ELECTIVE OFFICE, HIS CITIZENSHIP IS
countries which follow the BEING CHALLENGED FOR NOT BEING A
principle of jus soli; FILIPINO CITIZEN AND THE
2. Those born in the Philippines of PROTESTANT SUBMITTED EVIDENCE
Filipino mothers and alien fathers TO SHOW THAT THE CANDIDATE IS AN
if by the laws of their father's' AMERICAN CITIZEN, SUPPOSING THE
country such children are citizens AMERICAN PASSPORT. DOES THAT
of that country; CATEGORICALLY SHOW THAT THE
3. Those who marry aliens if by the CANDIDATE IS NOT A FILIPINO
laws of the latter's country the CITIZEN?
A.Y. 2019-2020 YOU DO NOTE(s) 13
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POLITICAL LAW REVIEWER
● In Aznar v. COMELEC, respondent
Osmeña’s citizenship was being
challenged and the petitioner
presented his American passport
to show that he is not a Filipino
citizen. The SC said that the
passport only shows that he is an
American citizen but does not
disprove that he is not a Filipino
citizen. By analogy, the SC said if a
person has 2 brothers named
Mario and Jose, proving that he
has a brother named Mario does
not mean he has no brother named
Jose and vice versa. If a student is
enrolled in 2 universities, X and Y,
proving that he is a student of
university X does not necessarily
mean he is not a student of
university Y, it also means he has 2
schools. In the case of Aznar, it
only means that he is also an
American citizen but does not
mean that he is not a Filipino
citizen.
● In order to show that he is not a
Filipino citizen the petitioner must
show that none of his parents is a
Filipino citizen or he lost his
Filipino citizenship under any of
the ways of losing Filipino
citizenship under CA No. 63.
SUPPOSING A IS A NATURAL BORN
CITIZEN, IN JANUARY 2010 HE WAS
NATURALIZED IN THE US AND IN
JANUARY 2016 HE SUBSCRIBED TO
OATH OF ALLEGIANCE TO SUPPORT
AND DEFEND THE PHILIPPINES AND
HE HAS IT REGISTERED. WHAT IS THE
STATUS OF A FROM JANUARY 2010 TO
DECEMBER 2015 BEFORE HE
SUBSCRIBED TO THE OATH OF
ALLEGIANCE? SUPPOSING IN JANUARY
2013 A PURCHASE A REAL PROPERTY IN
THE PHILIPPINES, IS THAT VALID
PURCHASE?
● The oath of allegiance that he
subscribed will retroact from the
time that he was naturalized in the
US as if he never lost it.
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