ARTICLE 4: CITIZENSHIP

ARTICLE 4: CITIZENSHIP

Citizenship distinguished from Nationality

CITIZENSHIP	NATIONALITY
Membership in a political community which is personal and more or less permanent in character	Membership in any class or form of political community.
	Nationals may be citizens (if members of democratic community) or subjects (if members of a monarchical community)
	Nationality does not necessarily include the right or privilege of exercising civil or political rights

¤  WHO ARE CITIZENS OF THE PHILIPPINES?

1)     Those who are  Filipino citizens at the time of the adoption of the 1987 Constitution:

a.       Those who are citizens under the Treaty of Paris

b.       Those declared citizens by judicial declaration applying jus soli principle

c.       Those who are naturalized in accordance with the law (Act. 2927)

d.       Those who are citizens under the 1935 Constitution

e.       Those who are citizens under the 1973 Constitution

2)     Those whose fathers or mothers are Filipino citizens

3)     Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

Ø  Time to elect: within 3 years from reaching the age of majority

4)     Those naturalized in accordance with law

¤  USUAL MODES OF ACQUIRING CITIZENSHIP

1)     By birth

a.       Jus Sanguinis-blood relationship

b.       Jus Soli-place of birth

2)     By Naturalization- the legal act of adopting an alien and clothing him with the privilege of a native-born citizen

3)     By Marriage

Ì MODE: BY BIRTH

                       I.      BEFORE THE ADOPTION OF THE 1935 CONSTITUTION

1)     Jus Sanguinis

a.       According to Sec. 2 of Jones Law of 1916:

·         All inhabitants of the islands who were Spanish subjects on April 11, 1899, and residing in the islands who did not declare their intention of preserving Spanish nationality between April 11, 1899 and October 11, 1990 were declared citizens of the Philippines

·         And their children born after April 11, 1899

2)     Jus Soli

Ø  Already abandoned

·         Those declared as Filipino citizens by the courts are recognized as such today, not because of the application of the jus soli doctrine, but principally because of the doctrine of res judicata.

           II.            AFTER THE ADOPTION OF THE 1935 CONSTITUTION

Ø  Only the Jus Sanguinis doctrine was adopted

Ì MODE: BY NATURALIZATION

Ø  Naturalization:

o   the legal act of adopting an alien and clothing him with the privilege of a native-born citizen

Ø  Natural-born citizens (Art. 4, Sec. 2)

o   Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship

o   Those who elect Philippine Citizenship shall be deemed natural-born citizens

Ì MODE: BY MARRIAGE

Ø  Marriage by Filipino to an alien (Art. 4, Sec. 5)

o   General Rule: Citizens of the Philippines who marry aliens shall retain their citizenship

o   Exception: unless by their acts or omission they are deemed, under the law, to have renounced it

¤  POLICY AGAINST DUAL ALLEGIANCE

“ Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law”

DUAL CITIZENSHIP	DUAL ALLEGIANCE
Arises when, as a result of concurrent application of the different laws of two or more states, a person is simultaneously considered a citizen of said states	Refers to the situation where a person simultaneously owes, by some positive act, loyalty to 2 or more states
Involuntary	Result of an individual’s volition and is prohibited by the constitution

Ì CASE: MERCADO VS. MANZANO, 307 SCRA 630

·         The court clarified the “dual citizenship” disqualification in Sec. 40 of the Local Government Code and reconciled it wirh Art. 4, Sec. 5 of the Constitution

·         The court explained that “dual citizenship” as a disqualification must refer to citizens with “dual allegiance”

·         Consequently, persons with mere dual citizenship do not fall under the disqualification

·         Candidates with dual citizenship, it is enough that they elect Philippine citizenship upon the filing of their certificate of candidacy to terminate their status as persons with dual citizenship, effectively removing any disqualification as dual citizen

·         This is so, because in the certificate of candidacy, one declares that he/she is a Filipino Citizen and that he/she will support and defend the Constitution and will maintain true faith and allegiance to the same

·         Such declaration under oath operates as an effective renunciation of foreign citizenship

Ø  However, the above stated doctrine, that the filing of COC suffices to renounce citizenship does not apply to one who:

þ  After having acquired Philippine citizenship under Ra 9225, runs for Public Office

·         To comply with the provisions of RA 9225, it is necessary that the candidate for public office must state in clear and unequivocal terms that he is renouncing all foreign citizenship

·         Under the Manzano case, RA 9225 was not yet enacted by congress

·         Art. 4, Sec. 5 of the Constitution is a declaration of policy and it is a not a self-executing provision.

·         The legislature still has to enact the laws on dual allegiance

·         In Sec 2 and 3 of RA 9225, the legislature, was not concerned with dual citizenship per se, but with the status of naturalized citizens who maintain their allegiance to their countries of origin even after naturalization (na naturalize nasaPilipinasperonaajapon allegiance sa country of origin niya)

·         Congress was given a mandate to draft a law that would set specific parameters of what really constitutes dual allegiance

¤  CITIZENS OF THE PHILIPPINES

              I.            1935 CONSTITUTION

1)     Under the Philippine bill of 1902; Sec 2 of Jones Law of 1916

2)     Act No. 2927 (March 26, 1920), then CA 473, on naturalization (Including children below 21 and residing in the Philippines at the time of naturalization, as well as children born subsequent to naturalization)

3)     Foreign women married to Filipino citizens before or after November 30, 1938 (effectivity of CA 473) who might themselves be lawfully naturalized

4)     Those benefited by the Roa doctrine applying the jus soli

5)     CARAM PROVISION:

è Those born in the Philippines of foreign parent, who, before the adoption of the Constitution had been elected to public office, are considered Filipino Citizen

6)     Those whose mothers are citizens of the Philippines upon reaching the age of majority, elect Philippine citizenship.

A. Under the Philippine bill of 1902; Sec 2 of Jones Law of 1916

Ì In VALLES V. COMELEC:

FACTS:

·         RoalindYbasco Lopez born in Australia (May 16, 1934)à before the 1935 Consti took effect

·         Australian parents:

o   TelesforoYabsco (Filipino)

o   Theresa Marquez (Australian)

RULING:

·         She was a Filipino Citizen

·         Why?

o   All inhabitants of the islands who were Spanish subjects on April 11, 1899, and residing in the islands who did not declare their intention of preserving Spanish nationalitybetween April 11, 1899 and October 11, 1990 were declared citizens of the Philippines

o   And their children born after April 11, 1899

·         Under the principle of jus sangunis, Rosalind followed the citizenship of her father

Ì MARIA JEANETTE TECSON V. COMELEC

FACTS:

·         Controversy surrounding the citizenship of FPJàpresidential candidate

ISSUE:

1.       Won FPJ is a natural-born citizen would depend on whether his father, Allan Poe, was himself a Filipino Citizen?

2.       If yes, WON the alleged illegitimacy of FPJ prevents him from taking after the Filipino citizenship of his recognized father?

RULING:

The court took note of the fact that:

·         Lorenzo Pou (Father of Allan Poe), died in 1954 at the age of 84

·         This would mean that he would have been born sometime in 1870, when the Philippines was under the Spanish rule

·         Place of residence upon death: San Carlos, Pangasinan

o   In the absence of any other evidence, could have been his place of residence before death

·         With this, Lorenzo Pou would have benefited from the “en masse Filipinization” that the Philippine Bill of 1902 effected

o   The Filipino citizenship of Lorenzo Pou, if acquired would thereby extend to his son, Allan F Poe.

·         Therefore, under the 1935 constitution, during which FPJ was already born, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate.

II. 1973 CONSTITUTION

1)     Those whose mothers are citizens of the Philippines

·         Provision of prospective in application to benefit only those born on or after January 17, 1973 (date of the effectivity of the 1973 Constitution)

2)     Those whose fathers or mothers are citizens of the Philippines

·         Prospective application, consistent with provision of the 1973 Constitution

3)     Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority

4)     Those who are naturalized in accordance with the law

A.                    PROCEDURE FOR ELECTION:

Ø  Election is expressed in a statement to be signed and sworn to by the party concerned before any official authorized to administer oaths.

Ø  Statement to be filed with the nearest Civil Registry

Ø  The statement is to be accompanied with Oath of allegiance to the constitution and the Goernment of the Philippines

B.                  WHEN TO ELECT

Ø  Within 3 years from reaching the age of majority, except when there is a justifiable reason for delay

                                                i.      there was justifiable reason for the delay because the party thought all along that he was already a Filipino citizen. (Cuenceo V. Secretary of Justice)

                                              ii.      SC enunciated the DOCTRINE OF IMPLIED ELECTION

                                            iii.      SC affirmed the finding of the HRET that the exercise of the right of suffrage and participation in election exercises constitute a POSITIVE ACT OF ELECTION OF PHILIPPINE CITIZENSHIP

Ì CASE: IN RE: CHING

·         FACTS:

o   Ching born: April 11, 1964

o   35 y.o when he complied with the requirements of CA 625 on June 15, 1999 (14 years after he reached the age of majority)

·         HELD:

o   Chings election was already beyond the allowable period within which to exercise the privilege

o   All his mentioned acts cannot vest in him citizenship as the law gives the requirement for election of Filipino citizenship which Ching did not comply.

ØThe right is available to the child as long as his mother was a Filipino citizen at the time of her marriage to the alien, even if by reason of such marriage, she lost her Philippine citizenship, and even if the mother was not a citizen of the Philippines at birth

ØThe right to elect Philippine citizenship is an inchoate right

o   During his minority, the child is an alien

Ø  The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children

Ø  If the child is illegitimate, he follows the status and citizenship of his only known parentà the mother.

Ì CASE: REPUBLIC V. CHULE LIM

HELD:

·         Respondent, who was an illegitimate child (Chinese father and Filipino mother never married)

·         Not required to comply with said constitutional and statutory requirements

·         Being an illegitimate child of a Filipino mother, respondent became a Filipino upon birth

·         Notwithstanding, records show that the respondent elected Filipino citizenship when she reached the age of majority.

·         She registered as a voter in Misamis Oriental when she was 18

o   The exercise of the right to suffrage and the participation in election exercises constitute a positive act of electing Philippine citizenship.

5)     Those who are naturalized in accordance with the law

Ø  Naturalization: The act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen

1.               MODES OF NATURALIZATION

1)     DIRECT NATURALIZATION IS EFFECTED:

a.       By individual proceedings, usually judicial, under general naturalization laws

b.       By specific act of the legislature, often in favor of distinguished foreigners who have rendered some notable service to the local state

c.       By collective change of nationality (naturalization en masse) as a result of cessation or subjugation

d.       In some cases, by adoption of orphan minors as nationals of the State where they are born

2)     DERIVATIVE NATURALIZATION IS CONFERRED:

a.  On the wife of the naturalized husband

b. On the minor children of the naturalized parent

c. On the alien woman upon marriage to a national

d. The unmarried child:

                                                                           i.      whether  legitimate, illegitimate, or adopted,

                                                                         ii.       below 18 years of age

Of those who reacquire Philippine citizenship upon the effectivity of RA 9225

NOTE:Derivative naturalization does not always follow as a matter of course, for it is usually made subject to stringent restrictions and conditions. Our own laws, for instance, provide that an alien woman married to a Filipino shall acquire his citizenship only if she herself might be lawfully naturalized.

2.       DOCTRINE OF INDELIBLE ALLEGIANCE

Ø  An individual may be compelled to retain his original nationality even if he has already renounced or forfeited it under the laws of the 2^nd state whose nationality he has acquired.

3.               DIRECT NATURALIZATION UNDER PHILIPPINE LAWS

1.       Judicial Naturalization under CA No. 473, as amended

2.       Administrative naturalization under RA 9139

3.       Legislative naturalization in the form of a law as enacted by the Congress, bestowing Philippine Citizenship to an alien.

4.               NATURALIZATION UNDER CA 473

1.      QUALIFICATIONS:

1)     Not less than 18 years of age on the date of hearing the petition (as amended by R.A. 6809);

2)     Resided in the Philippines for not less than 10 years; may be reduced to 5 years, if;

a.       Honorably held office in the Philippines

b.        Established new industry or introduced a useful invention

c.       Married to a Filipino woman

d.        Engaged as teacher in Philippine public or private school not established for exclusive instruction of a particular nationality or race, or in any branches of education or industry for a period of not less than 2 years; and

e.        Born in the Philippines

3)     Character

a.       Good moral character

b.       Believes in the Constitution

c.       Conducted himself in an irreproachable conduct during his stay in the Philippines

4)     Owns real estate in the Philippines not less than P5,000 in value; or has some lucrative trade, profession or lawful occupation that can support himself and his family

5)     5. Speaks and writes English or Filipino and any principal Philippine dialects (as amended by Sec. 6 Art. XIV); and

6)     Enrolled minor children in any public or private school recognized by the government where Philippine history, government and civics are taught as part of the curriculum, during the entire period of residence prior to hearing of petition.

2.      DISQUALIFICATIONS:

1)     Persons opposed to organized government or affiliated with any association or group of persons which uphold and teach doctrines opposing all organized governments

2)      Persons defending or teaching necessity or propriety of violence, personal assault or assassination for the success or predominance of their ideas

3)     Polygamists or believers of polygamy

4)     Persons suffering from mental alienation or incurable contagious disease

5)     Persons convicted of crime involving moral turpitude

6)     Persons who, during residence in the Philippines, have not mingled socially with Filipinos, or did not evince sincere desire to learn and embrace customs, traditions and ideals of Filipinos

7)     Citizens or subjects of nations with whom the Philippines is at war, during the period of such war

8)     Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof (no reciprocity)

3.      PROCEDURE OF NATURALIZATION UNDER CA 473

1)  Filing of declaration of intention 1 year prior to the filing of the petition with the Office of Solicitor General.

2)  Filing of the petition, accompanied by the affidavit of 2 credible persns, citizens of the Philippines, who personally know the petitioner, as character witnesses.

3)  Publication of the petition

4)  Actual residence in the Philippines during the entire proceedings

5)  Hearing of the petition

6)  Promulgation of the decision

7)  Hearing after 2 years

8)  Oath taking and issuance of the certificate of naturalization

DISCUSSIONS:

1)     Filing of declaration of intention 1 year prior to the filing of the petition with the Office of Solicitor General.

è The ff. are exempt from filing declaration of intention:

a.       Born in the Philippines and have received their primary and secondary education in public or private schools organized by the Government and not limited to any race or nationality

b.       Resided in the Philippines for 30 years or more before the filing of the petition, and enrolled his children in elementary and high schools recognized by the Government and not limited to any race or nationality

c.       Widow and minor children of an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized.

2)     Filing of the petition, accompanied by the affidavit of 2 credible persns, citizens of the Philippines, who personally know the petitioner, as character witnesses.

3)     Publication of the petition

àUnder Sec 9 of the Revised Naturalization law, in order that there be a valid publication, the ff. requisites must concur:

a.       The petition and notice of hearing must be published

b.       The publication mst be made once a week for 3 consecutive weeks

c.       The publication must be in the official gazette and in a newspaper of general circulation in the provice where the applicant resides.

d.       In addition, copies of the petition and notice of hearing must be posted in the office of the Clerk of Court or in the building where the office is located.

e.       The same notice must also indicate among others the names of the witnesses whom the petitioner proposes to introduce at the trial.

àPublication is a jurisdictional requirement. Noncompliance is  fatal for it impairs the very root or foundation of the authority to decide the case, regardless of whether the one to blame is the clerk of court or the petitioner or his counsel

àThis rule applies equally to the determination of the sufficiency of the ontents of the notice of hearing and of the petition itself, because an incomplete notice or petition, even if published, is no publication at all

àthe failure to state all the required details in the notice of hearing, like the names of the applicants witnesses, constitutes a fatal defect. The publication of the affidavit of such witnesses did not cure the omission of their names in the notice of the hearing. It is a settled rule that naturalization laws should be rigidly enforced and strictly construed in favor of the government and against the applicant.

4)     Actual residence in the Philippines during the entire proceedings

5)     Hearing of the petition

6)     Promulgation of the decision

7)     Hearing after 2 years

àat this hearing, the applicant shall show that during the 2 years probation period, applicant has:

a. Not left the Philippines

b. Dedicated himself continuously to a lawful profession

c. Not been convicted of any offense or violation of rules

d. Not commited and act prejudicial to the interest of the nation or contrary to any Governemnt-announced policies

8)     Oath taking and issuance of the certificate of naturalization

v  EFFECTS OF NATURALIZATION

1)     Vests citizenship on wife if she herself may be lawfully naturalized. She need not prove her qualifications but only that she is not disqualified.

2)     Minor children born in the Philippines before the naturalization shall be considered citizens of the Philippines.

3)     Minor child born outside the Philippines who was residing in the Philippines at the time of naturalization shall be considered a Filipino citizen

4)     Minor child born outside the Philippines before parent’s naturalization shall be considered Filipino citizens only during minority, unless he begins to reside permanently in the Philippines

5)     Child born outside the Philippines after parent’s naturalization shall be considered a Filipino, provided that he registers as such before any Philippine consulate within one year after attaining majority age, and takes his oath of allegiance.

v  GROUNDS FOR DENATURALIZATION

1)     Naturalization certificate obtained fraudulently or illegally

2)      If, within 5 years, he returns to his native country or to some foreign country and establishes residence therein

3)     Naturalization obtained through invalid declaration of intention

4)     Minor children failed to graduate through the fault of parents either by neglecting support or by transferring them to another school

5)     Allowing himself to be used as a dummy.

v  EFFECTS OF DENATURALIZATION

1)     If ground affects intrinsic validity of proceedings, denaturalization shall divest wife and children of their derivative naturalization

2)     If the ground is personal, the wife and children shall retain citizenship.

4.      NATURALIZATION BY DIRECT LEGISLATIVE ACTION

à discretionary on Congress, usually conferred on an alien who has made outstanding contributions to the country

5.               ADMINISTRATIVE NATURALIZATION LAW OF 2000 (RA 9139)

à Grant Philippine citizenship by administrative proceeding to aliens born and residing in the Philippines

DISTINGUISH CA 473 AND RA 9139

CA 473	RA 9139
Covers aliens regardless of class	Covers native born aliens who lived in the Philippines all their lives, who never saw any country and all along thought that they were Filipinos. Who have demonstrated love and loyalty to the Philippines and affinity to Filipino customs and traditions.
	Intention of legislature in enacting RA 9139: to make the process of acquiring Philippine citizenship less tedious, less technical, and more encouraging
	The law did not indicate tthat it was intended to repeal CA 473
	Native born alien has the choice to apply for: 1.       Judicial Naturalization 2.       Administrative Naturalization Subject to the prescribed qualifications and disqualifications.

v  SPECIALCOMMITTEE ON NATURALIZATION

àhas the power to:

1)     Approve

2)     Deny

3)     Reject applications for naturalization under RA 9139

àComposed of:

1)     Solicitor General – Chairman

2)     Secretary of Foreign Affairs or his representative- member

3)     National Security Adviser- member

A.     QUALIFICATIONS UNDER RA 9139

1)     be born in the Philippines and residing therein since birth;

2)     not be less than 18 years of age, at the time of filing of his/her petition;

3)     be of good moral character and believes in the underlying principles of the Constitutioin and must have conducted himself/ herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relatioins with the duly constituted government as well as with the community in which he/she is living;

4)     have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrolment is not limited to any race or nationality, provided that should he/she have minor children of school age, he/she must have enrolled them in similar schools;

5)     have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and that of his/her family; provided that this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;

6)     be able to read, write and speak Filipino or any of the dialects of the Philippines; and

7)     have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people.

B.     DISQUALIFICATIONS UNDER RA 9139

è Same with CA 473

C.      PROCEDURE

1)     Filing with the Special Committee on Naturalization of a petition

2)     publication of pertinent portions of the petition once a week for three consecutive weeks in a newspaper of general circulation, with copies thereof posted in any public or conspicuous area

3)     copies also furnished the Department of Foreign Affairs, Bureau of Immigration and Deportation, the civil registrar of petitioner’s place of residence and the National Bureau of Investigation which shall post copies of the petition in any public or conspicuous areas in their buildings offices and premises

4)     within 30 days submit to the Committee a report stating whether or not petitioner has any derogatory record on file or any such relevant and material information which might be adverse to petitioner’s application for citizenship;

5)     Committee shall, within 60 days from receipt of the report of the agencies, consider and review all information received pertaining to the petition (if Committee receives any information adverse to the petition, the Committee shall allow the petitioner to answer, explain or refute the information);

6)     Committee shall then approve or deny the petition.

7)     Within 30 days from approval of the petition, applicant shall pay to the Committee a fee of P100,000,

8)      then take the oath of allegiance and a certificate of naturalization shall issue.

9)     Within 5 days after the applicant has taken his oath of allegiance, the Bureau of Immigration shall forward a copy of the oath to the proper local civil registrar, and thereafter, cancel petitioner’s alien certificate of registration.

D.     STATUS OF ALIEN WIFE

1)  Applicant’s alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee, subject to the payment of the required fees.

2)  But, if the applicant is a married woman, the approval of her petition for administrative naturalization shall not benefit her alien husband, although her minor children may still avail of the right to seek the cancellation of their alien certificate of registration.

E.      CANCELLATION OF THE CERTIFICATE OF NATURALIZATION

The Special Committee on Naturalization may cancel certificates of naturalization issued under this act in the following cases:

1)     if the naturalized person or his duly authorized representative made any:

a.        false statement or misrepresentation, or

b.        committed any violation of law, rules and regulations in connection with the petition, or

c.       if he obtains Philippine citizenship fraudulently or illegally;

2)     if, within 5 years, he shall establish permanent residence in a foreign country, provided that remaining for more than one year in his country of origin or two years in any foreign country shall be prima facie evidence of intent to permanently reside therein;

3)      if allowed himself or his wife or child with acquired citizenship to be used as a dummy;

4)      if he, his wife or child with acquired citizenship commits any act inimical to national security.

¤  LOSS AND REACQUISITION OF PHILIPPINE CITIZENSHIP (CA 63)

v  LOSS OF CITIZANSHIP

1)     By Naturalization in a foreign country

2)     By express renunciation of citizenship

3)     By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 21 years ofage

4)     By rendering service to or accepting commission in the armed forces of a foreign country

5)     By cancellation of the certificate of naturalization

6)     By having been declared by cometent authority a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted

DISCUSSION:

1)  By Naturalization in a foreign country

a.       modified by RA 9225, which declares the policy of the State that all Philippine citizens who become citizens of another country shall be deemed not to have lost their citizenship under the conditions of this act.

b.       Natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have reacquired their Philippine citizenship upon taking the ff. oath of allegiance to the Republic

“I________________ , solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion.”

c.       Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath

d.       The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who reacquire Philippine citizenship upon the effectivity of this Act shall be deemed citizens of the Philippines

e.       Those who retain or reacquire Phiilippine citizenship under thisAct shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:

                                       i.            Those intending to exercise their right of suffrage must meet the requirements under Sec. 1, Art. V of the Constitution, R.A. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” and other existing laws

                                     ii.            Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

                                   iii.            Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office; Provided, That they renounce their oath of allegiance to the country where they took that oath

                                   iv.            Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice;

                                     v.            The right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (1) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or (2) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens [Sec. 5, R.A. 9225].

2)  BY EXPRESS RENUNCIATION OF CITIZENSHIP

àRenunciation that is made known distinctly and explicitly, and not left to inference or implication.

v  REACQUISITION OF CITIZENSHIP

1.      WAYS TO REACQUIRE CITIZENSHIP:

1)     taking the oath of allegiance required of former natural-born Philippine citizens who may have lost their Philippine citizenship by reason of their acquisition of the citizenship of a foreign country

2)     By naturalization, provided that the applicant possesses none of the disqualifications prescribed for naturalization

3)     By repatriation of deserters of the Army, Navy or Air Corps, provided that a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status.

                àP.D. 725, which allows repatriation of former natural-born Filipino citizens who lost Filipino citizenship

4)     Direct act of Congress

2.      DISTINGUISH NATURALIZATION FROM REPATRIATION.

Naturalization	Repatriation
Nature
A mode of acquisition and reacquisition of Philippine citizenship	Mode of reacquisition of Philippine Citizenship
As to process
Very cumbersome and tedious	Simpler process

3.      EFFECT OF RE‐ACQUISITION OF CITIZENSHIP ON CIVIL AND POLITICAL RIGHTS

 Those who retain or re‐acquire Philippine citizenship shall enjoy full civil and political rights subject to the following conditions:

1)     Right to vote: must meet the requirements of Section 1, Article V of the Constitution, and of Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003) and other existing laws;

2)     Elective Public Office:

a.       Possess qualification for holding such public office as required by the Constitution and existing laws

b.       Make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath, at the time of the filing of the certificate of candidacy.

c.       Appointive Public Office ‐ subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption ofoffice: Provided, That they renounce their oath of allegiance to the country where they took that oath;

3)     Practice of profession

PROBLEMS:

Q:

A, a naturalized US citizen, sought to reacquire his Philippine citizenship. He took his oath of allegiance to the Republic of the Philippines before the Vice Consul. He then ran and won as Vice Mayor of a municipality. The COMELEC, however, disqualified him on the ground that he failed to renounce his US citizenship.

Is A disqualified from running as a candidate in the local elections for his failure to make a personal and sworn renunciation of his US citizenship?

A:

 Yes. Section 5(2) of R.A. 9225 (on the making of a personal and sworn renunciation of any and all foreign citizenship) requires the Filipinos availing themselves of the benefits under the said Act to accomplish an undertaking other than that which they have presumably complied with under Section 3 thereof (oath of allegiance to the Republic of the Philippines). There is little doubt, therefore, that the intent of the legislators was not only for Filipinos reacquiring or retaining their Philippine citizenship under R.A. 9225 to take their oath of allegiance to the Republic of the Philippines, but also to explicitly renounce their foreign citizenship if they wish to run for elective posts in the Philippines. To qualify as a candidate in Philippine elections, Filipinos must only have one citizenship, namely, Philippine citizenship.

The oath of allegiance contained in the Certificate of Candidacy, does not constitute the personal and sworn renunciation sought under Section 5(2) of R.A. No. 9225. It bears to emphasize that the said oath of allegiance is a general requirement for all those who wish to run as candidates in Philippine elections; while the renunciation of foreign citizenship is an additional requisite only for those who have retained or reacquired Philippine citizenship under R.A. No. 9225 and who seek elective public posts, considering their special circumstance of having more than one citizenship. (Jacot v. Dal, G.R. No. 179848, Nov.27, 2008)

Q:

 “A” is a naturalized citizen of another country who reacquires Filipino citizenship. On the other hand, “B” possesses dual citizenship by birth. If they desire to run for elective public office, what requirement must they comply as regards their citizenship?

A:

A must comply with the requirements set in R.A 9225. Sec 5(3) of R.A. 9225 states that naturalized citizens who reacquire Filipino citizenship and desire to run for public office shall “…make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath” aside from the oath of allegiance prescribed in Section 3 of R.A. 9225.

B need not comply with the twin requirements of swearing an oath of allegiance and executing a renunciation of foreign citizenship because he is a natural‐born Filipino who did not subsequently become a naturalized citizen of another country. It is sufficed, if upon the filing of his certificate of candidacy, he elects Philippine citizenship to terminate his status as person with dual citizenship considering that his condition in the unavoidable consequence of conflicting laws of different States. (Cordora v. COMELEC, G.R. No. 176947, Feb. 19, 2009)