ARTICLE 4: CITIZENSHIP
Citizenship distinguished from Nationality
CITIZENSHIP NATIONALITY
Membership in a Membership in any class
political community or form of political
which is personal and community.
more or less permanent Nationals may be
in character 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.
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
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
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
Only the Jus Sanguinis doctrine was
adopted
MODE: BY NATURALIZATION
Naturalization:
o the legal act of adopting an alien and
clothing him with the privilege of a
native-born citizen
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
Page 1 of 13
 MODE: BY MARRIAGE
Marriage by Filipino to an alien (Art. 4, Such declaration under oath operates as
Sec. 5) an effective renunciation of foreign
o General Rule: Citizens of the citizenship
Philippines who marry aliens shall However, the above stated
retain their citizenship doctrine, that the filing of COC
o Exception: unless by their acts or suffices to renounce citizenship
omission they are deemed, under does not apply to one who:
the law, to have renounced it
After having acquired Philippine
POLICY AGAINST DUAL ALLEGIANCE citizenship under Ra 9225, runs
for Public Office
Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law To comply with the provisions of RA
9225, it is necessary that the candidate
DUAL CITIZENSHIP DUAL ALLEGIANCE
for public office must state in clear and
Arises when, as a result Refers to the situation
unequivocal terms that he is renouncing
of concurrent where a person
all foreign citizenship
application of the simultaneously owes, by
different laws of two or some positive act,
Under the Manzano case, RA 9225 was
more states, a person is loyalty to 2 or more
not yet enacted by congress
simultaneously states
considered a citizen of
said states Art. 4, Sec. 5 of the Constitution is a
Involuntary Result of an individuals declaration of policy and it is a not a self-
volition and is executing provision.
prohibited by the
constitution The legislature still has to enact the laws
on dual allegiance

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
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 na sa
Pilipinas pero naa japon 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

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
Page 2 of 13
 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:
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
In VALLES V. COMELEC:
FACTS:
Roalind Ybasco Lopez born in Australia
(May 16, 1934) before the 1935 Consti
took effect
Australian parents:
o Telesforo Yabsco (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 nationality
between 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
MARIA JEANETTE TECSON V. COMELEC
FACTS:
Controversy surrounding the citizenship of
FPJpresidential 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.
Page 3 of 13
II. 1973 CONSTITUTION ELECTION OF PHILIPPINE
CITIZENSHIP
1) Those whose mothers are citizens of the
Philippines
Provision of prospective in application
CASE: IN RE: CHING
to benefit only those born on or after
FACTS:
January 17, 1973 (date of the
o Ching born: April 11, 1964
effectivity of the 1973 Constitution)
o 35 y.o when he complied with
the requirements of CA 625 on
2) Those whose fathers or mothers are
June 15, 1999 (14 years after
citizens of the Philippines
he reached the age of majority)
Prospective application, consistent
HELD:
with provision of the 1973
o Chings election was already
Constitution
beyond the allowable period
within which to exercise the
3) Those born before January 17, 1973, of
privilege
Filipino mothers, who elect Philippine
o All his mentioned acts cannot
citizenship upon reaching the age of
vest in him citizenship as the
majority
law gives the requirement for
election of Filipino citizenship
4) Those who are naturalized in accordance
which Ching did not comply.
with the law

The right is available to the child as long as

A. PROCEDURE FOR ELECTION:
Election is expressed in a statement
to be signed and sworn to by the
party concerned before any official
authorized to administer oaths.
Statement to be filed with the nearest
Civil Registry
The statement is to be accompanied
with Oath of allegiance to the
constitution and the Goernment of
the Philippines
B. WHEN TO ELECT
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
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
The right to elect Philippine citizenship
is an inchoate right
o During his minority, the child is an
alien
The constitutional and statutory
requirements of electing Filipino
citizenship apply only to legitimate
children
If the child is illegitimate, he follows
the status and citizenship of his only
known parent the mother.
Page 4 of 13
 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
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
An individual may be compelled to
retain his original nationality even
if he has already renounced or
forfeited it under the laws of the
2nd 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.
Page 5 of 13
4. NATURALIZATION UNDER CA 473 2. DISQUALIFICATIONS:

1. QUALIFICATIONS: 1) Persons opposed to organized

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
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

b. Established new industry or 4) Persons suffering from mental

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
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

3) Character 8) Citizens or subjects of a foreign country

a. Good moral character whose laws do not grant Filipinos the
b. Believes in the Constitution right to become naturalized citizens or
c. Conducted himself in an subjects thereof (no reciprocity)
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.
Page 6 of 13
 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.
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
Under 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.
Publication 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
This 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
the 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.
Page 7 of 13
4) Actual residence in the Philippines 2) If, within 5 years, he returns to his
during the entire proceedings native country or to some foreign
5) Hearing of the petition country and establishes residence
6) Promulgation of the decision therein
7) Hearing after 2 years
3) Naturalization obtained through
at this hearing, the applicant shall show that invalid declaration of intention
during the 2 years probation period, applicant
has: 4) Minor children failed to graduate
through the fault of parents either
a. Not left the Philippines
by neglecting support or by
b. Dedicated himself continuously to a
transferring them to another school
lawful profession
c. Not been convicted of any offense or
5) Allowing himself to be used as a
violation of rules
dummy.
d. Not commited and act prejudicial to the
interest of the nation or contrary to
EFFECTS OF DENATURALIZATION
any Governemnt-announced policies
1) If ground affects intrinsic validity of
proceedings, denaturalization shall
8) Oath taking and issuance of the
divest wife and children of their
certificate of naturalization
derivative naturalization

2) If the ground is personal, the wife

EFFECTS OF NATURALIZATION
and children shall retain citizenship.
1) Vests citizenship on wife if she
herself may be lawfully naturalized.
4. NATURALIZATION BY DIRECT
She need not prove her qualifications
LEGISLATIVE ACTION
but only that she is not disqualified.
discretionary on Congress, usually
conferred on an alien who has made
2) Minor children born in the
outstanding contributions to the country
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 parents
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 parents 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.

GROUNDS FOR DENATURALIZATION

1) Naturalization certificate obtained
fraudulently or illegally

Page 8 of 13
 5. ADMINISTRATIVE NATURALIZATION
LAW OF 2000 (RA 9139)
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 Covers native born aliens who lived
aliens in the Philippines all their lives, who
regardless never saw any country and all along
of class 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.
SPECIALCOMMITTEE ON
NATURALIZATION
has the power to:
1) Approve
2) Deny
3) Reject applications for
naturalization under RA 9139
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
Same with CA 473

Composed 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
Page 9 of 13

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 petitioners
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 petitioners 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
petitioners alien certificate of registration.
D. STATUS OF ALIEN WIFE
1) Applicants 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.
Page 10 of 13
 LOSS AND REACQUISITION OF
PHILIPPINE CITIZENSHIP (CA 63)
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 this Act 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
Page 11 of 13
 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
Renunciation that is made known
distinctly and explicitly, and not left to
inference or implication.
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.
P.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 Mode of
acquisition and reacquisition of
reacquisition of Philippine
Philippine Citizenship
citizenship
As to process
Very cumbersome Simpler process
and tedious
3. EFFECT OF REACQUISITION OF
CITIZENSHIP ON CIVIL AND
POLITICAL RIGHTS
Those who retain or reacquire 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 of office:
Provided, That they renounce their
oath of allegiance to the country
where they took that oath;
3) Practice of profession
Page 12 of 13
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
naturalborn 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)
Page 13 of 13