Art. IV.

Citizenship

Citizens
a. Natural-born(SC Justice, pres, vicepres, senator., cong.
b. Naturalized (Governor, mayor, ..
c. Duals
2. Aliens
3. Stateless individuals
1.

Citizenship (Art. III)

Sec. 1. The following are citizens of the

Philippines
(1) Those who are citizens at the time of
adoption of the Constitution
(2) Those whose fathers or mothers are
citizens of the Philippines [jus sanguines]

Cases:

Tecson v. COMELEC (2004) illegitimate child of

Filipino father and alien woman (FILIPINO)
[HOWEVER, the father must be known,
establish filiation] (No distinction as to w/n the child is legitimate)
Republic v. Lim (2004)- illegitimate child of a
Filipina woman and alien man (FILIPINO as there is no
distinction)

All Filipinos - The Constitution does not

distinguish whether child is legitimate or
illegitimate

Bar Exam 2011, No. 62

62. A child born in the United States to a

Filipino mother and an American father is
A. a Filipino citizen by election.
B. a repatriated Filipino citizen.
C. a dual citizen. ( second answer)
D. a natural born Filipino citizen. (Correct Answer)

The following are

(3) Those born before Jan. 17, 1973 of Filipino
mothers who elect Philippine citizenship upon
reaching the age of majority
[Lim case: Must an illegitimate child of a
Filipino woman and an alien man also elect?]
Refer to dang! NO! this provision applies only to legitimate children
If illegitimate, no need of election

1990, No. 3: Y was elected Senator in the

May 1987 national elections. He was born
out of wedlock in 1949 of an American
father and a naturalized Filipina mother. Y
never elected Philippine citizenship upon
reaching the age of majority.
Is Y a natural-born Filipino citizen?

a.

b.

c.

d.

No, because he failed to elect Philippine

citizenship upon reaching the age of majority.
No, because while he is not required to elect,
he is not natural-born Filipino
No, because he follows the citizenship of his
father
Yes, because being illegitimate, election does
not apply to him (correct answer by virtue of the fact that his
mother is a filipino)

1996, No. 8: X was born [a legitimate child] in

the United States of a Filipino father and a
Mexican mother. He returned to the Philippines
when he was 26 years of age, carrying an
American passport and he was registered as an
alien with the Bureau of Immigration.
Was X qualified to run for membership in the
House of Representatives in the 1995 elections.

a.
b.
c.

d.

Yes, because one whose father or mother is a

Filipino is also a Filipino (Correct Answer)
No, because he was born in the US which
follows the jus soli principle
No, because the fact the he carried an
American passport proves that he is an
American
No, because his mother, being a Mexican, he
has a dual citizenship

1998, No. 4: Andres Ang was born of a Chinese

father and a Filipino mother in Sorsogon on Jan.
20, 1973. In 1988, his father was naturalized as
a Filipino citizen. On May 11, 1998, Ang was
elected Representative of the First District of
Sorsogon.
Is Ang a natural born citizen of the
Philippines? Yes!!!! Note he was born on January 20, 1973

Three Questions:
1. Who can elect? 3 requisites:
a. the child must be legitimate
b. the mother must be a Filipino and father is an alien
c. must be born before Jan. 17, 1973 and when the 1935 constitution
was in effect

2. When do you elect?

3. How do you elect?

1.

Who can elect? Requisites:

(a) Must be a legitimate child
(b) Mother is Filipino and father is alien
(c) Born prior to Jan. 17, 1973 (when 1935 constitution was in effect.)
At what time must the mother be Filipino?
Republic v. Lim: Must the illegitimate child of a Filipino
woman and an alien man elect Filipino citizenship?

No. 1, 1993: In 1964, Ruffa, a Filipina domestic

helper working in HK, went to Taipeh for a
vacation, where she met Cheng Sio Pao, whom
she married. Under Chinese Law, Ruffa
automatically became a Chinese citizen. The
couple resided in HK where in May 9, 1965,
Ruffa gave birth to a boy named Earnest. Upon
reaching the age of majority Ernest elected
Philippine citizenship.
Is Ernest Cheng a natural-born Filipino
citizen?

The minimum requirement for a person born of a

Filipino mother and an alien father before Jan.
17, 1973 to elect Philippine citizenship is that
his mother is/was a Filipino:
a. at the time of marriage to his father correct answer
b. at the time he was born
c. at the time he reaches the age of majority
d. at the time he actually exercises the right to elect
Philippine citizenship

2. When do you elect?

Constitution: upon reaching the age of majority
Jurisprudence: within a reasonable time upon
reaching the age of majority [3 years]
Re Application for Admission: Election 14 years
from reaching the age of majority.
a guy passed a bar at 34 years old but it was discovered that the child was born with a
Filipino mother and alien father. But failed to elect.
Ruling: Not Allowed anymore to elect. The reasonable time is only 3 years.

1999, No. 3: Victor Ahmad was born on Dec. 16, 1972 of

a Filipino mother and an alien father. Under the law of his
fathers country, his mother did not acquire his fathers
citizenship. Victor consults you on Dec. 21, 1993 (3 years old
and 5 days already upon reaching age of majority) and informs you of his
intention to run for Congress in the 1995 elections. Is he
qualified to run? What advice would you give him?
Would your answer be the same if he had seen and
consulted you on Dec. 16, 1991 and informed you of his
desire to run for Congress in the 1992 elections?
a.
b.

Victor cannot anymore elect (3 years old and 5 days already upon reaching age of
majority). Hence, he is not qualified to run.
Answer will be different since Victor is within reasonable time being only 19 years old at
the time. The right to elect is within that period. Hence, he can run.

3. How do you elect? Ma v. Commissioner (2010)

(a) Residing in the Philippines (make)
(1) statement of election under oath
(2) Oath of allegiance to the Constitution/ PHGovernment

(3) Registration of (1) and (2) with Civil Registrar

(b) Residing abroad (1 and 2 apply) +
-Register with the Philippine diplomatic or consular office
Re Application for Admission: Can there be an implied
election? ( a person born with Filipino mother and alien father.. They were able

to elect but failed to register the same. SOLGEN deported him for failure to
register in LCR. Held- SC made exception in of the fact that said person had lived
in the country for 50 years, voted for several elections, worked as government
official. EXEMPTION
THERE IS NO More IMPLIED ELECTION since the aforementioned!!!!!!!!!!!!!!!!

Citizenship (2)

(4) Those who are naturalized in accordance

with law: (JAL)
(a) Judicial naturalization (CA 473)

1.

File a declaration of intention before the SOLGEN to be naturalized as Filipino Citizen

File the Petition with RTC
Publication with Official Gazzete and Newspaper of General Circulation
Hearing If granted, you undergo Probational period of 2 years
If found satisfactory, you take oath of allegiance, almost 3 years all in all.

2.
3.
4.
5.

(b) Administrative naturalization

Legislative naturalization

A. Judicial naturalization
1.
2.
3.
4.
5.

Declaration of intention with OSG

File petition with RTC
Publication with OG and 1 newspaper
If granted, rehearing after 2 years
Oath of allegiance

Re: Naturalization:
1. Not a right but a mere privilege ( doubts in the law shall be

strictly construed against the application) even if the applicant is a former Filipino in view of
the fact that it is merely a privilege.)

2. Not barred by res adjudicata

(if granted , it can still be questioned

anytime.)

3. Naturalization of the father benefits wife and

minor children (DERIVATIVE NATURALIZATION ONLY MINOR CHILDREN
BENEFIT)

4. Action for denaturalization does not prescribe ( YOU

CAN BE DENATURALIZED ANYTIME)

Bar Exam 2011, No.1:

1. Filipino citizenship may be acquired through judicial

naturalization only by an alien
A. born, raised, and educated in the Philippines who has
all the qualifications and none of the disqualifications to
become a Filipino citizen.
B. who has all the qualifications and none of the
disqualifications to become a Filipino citizen. (ca)
C. born and raised in the Philippines who has all the
qualifications and none of the disqualifications to
become a Filipino citizen.
D. whose mother or father is a naturalized Filipino and
who himself is qualified to be naturalized.

1994, No. 7 and 1998, No. 10: Lim tong Biao, a Chinese
citizen applied for and was granted Philippine citizenship
by the court. He took his oath as citizen of the
Philippines in July 1963. In 1975, the Office of the
SolGen filed a petition to cancel his Philippine citizenship
for the reason that in Aug. 1963, the Court of Tax
Appeals found him guilty of tax evasion for deliberately
understating his income taxes for the years 1959-61.
[Can Lim Tong Biaos Filipino citizenship be
cancelled?] (YES)

a.

b.

c.

d.

No, because due to the lapse of time

prescription has set in
No, because the RTCs granting citizenship is
now res judicata
Yes, because an action for denaturalization
is not subject to prescription (CA)
Yes, because while prescription applies, the
period provided by law has not yet lapsed

B. Adminstrative Naturalization
Ra No. 9139 Administrative Naturalization
Law of 2000 (requisites) BL
1. Born in the Philippines and residing
therein since birth
2. Not less than 18 years of age at the time
of filing
Special Committee on Naturalization
Just comply the requirements with SCN

Bar Question 2011, No. 92

92. The Special Committee on

Naturalization is headed by
A. the Secretary of Justice.
B. the Secretary of Foreign Affairs.
C. the National Security Adviser.
D. the Solicitor General.(CA)

C. Legislative naturalization
By direct act of Congress. Basis: those
who may be naturalized in accordance
with law. (may refer to General or Special Law)
Plenary power of Congress.

2005, No. 9: In the May 8, 1995 election for local

officials whose term were to commence on June
30, 1995, Ricky filed on March 30, 1995 his
COC for Governor of Laguna. He won, but his
qualification as an elected official was
questioned. It is admitted that he is a
repatriated Filipino citizen. To be qualified for the
office to which a local official has been elected,
when at the latest should he be a Filipino
citizen?

a.

At the time of proclamation and at the

start of his term (ca) (you only become official at the
time of proclamation (applies only to local elective official in
Local Government Code)

b.
c.

d.

On the day of the election

At the time he files his certificate of
candidacy
At least one year before the election

Sec. 2. Natural-born citizens are those who are citizens of the

Sec. 2:from birth without having to perform any act to acquire
Philippines
or perfect their Philippine citizenship. Those who elect Philippine
citizenship under para. 3, Sec. 1 hereof, shall be natural born
citizens. Can run presidency
-2nd sentence [Ong v. HRET] (those who elect filipino Citizenship prior to 1987
constitution (election made on 1960 and 1970) are considered natural born citizen as it is given
retroactive effect)

-Bengzon v. HRET (a natural born filipino (congressman) became a US Marines and acquired
US Citizenship and later repatriated and reacquired Filipino Citizenship and ran for congressman. Can
he still be considered a Natural born Citizen in view of 1st ParagrapH? Held- yes. Considered Natural
Born if you reacquired your citizenship by repatriation, you are restored to your former status.

-Kilosbayan v. Ermita [naturalized along with the parents] but see

Kilosbayan v. Janole, 2010 (Justice ong was sandigan justice, his parents chinese were naturalized, he was nominated as SC

Justice. His nomination was questioned on the ground that he is not a Natural Born as he only acquired his filipino citiazenship by virtue of the naturalization
of his parents? IS HE A NATURAL BORN? HELD- NO! BY VIRTUE OF KILOS BAYAN VS. ERMITA ruling. HE IS NOT NATURAL BORN AS HE
ACQUIRED WHEN HIS PARENTS WERE NATURALIZED. HENCE HE IS ALSO ONLY A NATURALIZED. CONFLICTING WITH PROVISION THAT
NATURAL BORN ARE THOSE WHO ARE CITIZENS OF PH FROM BIRTH WITHOUT HAVING PERFORMED ANY ACT TO ACQUIRE OR PERFECT
THEIR CITZENSHIP------ it satiisfies first line but not on second line
The PREVALING RULING:
ONG IS ONLY A NATURALIZED FILIPINO NOT NATURAL BORN FILIPINO (DERIVATIVE CITIZENSHIP)

2006, No. 8(a): Atty. Emily Go, a legitimate

daughter of a Chinese father and a Filipino
mother, was born in1945. At 21, she elected
Philippine citizenship and studied law. She
passed the bar and engaged in private practice.
Her nomination is being contested by Atty. Juris
Castillo, also an aspirant to the position. She
claims that Atty. Go is not a natural-born citizen,
hence, not qualified to be appointed to the
Supreme Court. Is the contention correct?
[Is Atty. Go a natural born Filipino citizen?]

a. No, because she performed an act in order to

complete or perfect her citizenship
b. No, because she made the election prior to the
effectivity of the 1987 Constitution
c. Yes, because those who elect Philippine
citizenship because only their mothers are
Filipino are deemed natural born. Ca (Retroactive
Effect: if you elect, you are natural born.)

d. Yes, because in her case, election is a

surplusage because one of her parents is was a
Filipino citizen

2006, 8(b): atty. Richard Chua was born in 1964. He is a legitimate

son of a Chinese father and a Filipino mother. His father became
naturalized Filipino citizen when Atty. Chua was still a minor.
Eventually, he studied law and was allowed by the Supreme Court
to take the bar examinations, subject to his submission to the
Supreme Court proof of his Philippine citizenship. Although he
never complied with such requirement. Atty. Chua practiced law for
many years until one Noel Eugenio filed with the Supreme Court a
complaint for disbarment against him on the ground that he is not a
Filipino citizen. He then filed with the Bureau of Immigration an
affidavit electing Philippine citizenship. Noel contested it claiming it
was filed many years after Atty. Chua reached the age of majority.
Will Atty. Chua be disbarred. Explain.

a.
b.

c.

Yes, not having elected Philippine citizenship

he is an alien
Yes, because even if he is a Filipino since his
father was naturalized while Atty. Chua was
still a minor, he is not natural born
No, since he was a minor when his father
was naturalized, he also obtained derivative
citizenship.(ca) ( only filipino citizenship is a requirement to take
the bar) to becom e a lawyer need not be natural born citizen.

d.

No, because lack of citizenship is not a ground

for disbarment under Rule 139-B

2003, No. 4; 2002, No. 1; 1999, No. 3:

Julio Hortal was born of Filipino parents. Upon
reaching the age of majority, he became naturalized
citizen in another country. Later he reacquired
Philippine citizenship.
Could Hortal regain his status as a natural-born
Filipino citizen? Would your answer be the same
whether he reacquires his Filipino citizenship by
repatriation or by act of Congress? Explain? [by
repatriation?]
If he reacquired the same by repatriation he is restored to his former status as
natural born.
If it is through or by act of congress- he is not natural born by reason of the fact that he
is naturalized by act of congress.
GENERAL RULE: IF CITIZENSHIP IS REACQUIRED BY ANY ACT (ACT BY
CONGRESS OR NATURALIZTION) OTHER THAN REPATRIATIONRESTORAITON TO A FORMER STATUS AS NATURAL BORN CANNOT BE HAD.

a.

b.
c.
d.

No, because by getting repatriated he

performed an act in order to perfect his
citizenship
No, because once the status of being a naturalborn citizen is lost, there is no way to regain it
Yes, because repatriation restores one to
his former status as a natural-born
Yes, because by getting naturalized in a foreign
country, he ever lost his status as a natural-born
citizen

Sec. 3. Philippine citizenship may be lost or

reacquired in a manner provided by law.
Carrying passport of another country is not a ground of loss of citizenship. Garcia case

Grounds for loss: (CA 63) (NA) MEMO INTAWON

1. Naturalization in a foreign country, except
if he avails of RA 9225(2003). (Naturalization in
another country does not necessarily result in loss of Filipino citizenship under
RA 9225 because it is a law of retainship and reacquisition)

2.

Express renunciation of citizenship (no implied

renunciation!

3. Subscribing to an oath of allegiance to support

laws of another country
4. Rendering service in the armed forces of another
country (exception: rendering service in a arm
forces of foreign country with whom the PH has
defense treaty provided consent of PH government
is had)
5. Cancellation of certificate of naturalization (apply if
youre a naturalized Filipino)

6. Desertion in the armed forces

(apply only in an

international war not war with rebels, milf)

Aznar case. Not included passport

Citizenship (3b)
Modes of Reacquisition (NDRO)
1. Naturalization
2. Direct Act of Congress
3. Repatriation (ADMIN PROCEEDINGS!)
4. By taking an oath of allegiance under RA
9225 (natural-born?]

Some points on repatriation : Who are qualified?

1. Deserter in the armed forces (CA 63)

2. Filipina who lost citizenship by marriage to an alien
(RA 8171)
3. Natural born who lost it by political or economic
necessity (Angat/Tabasa) (during marcos regime.. Those who went
abroad economic necessity and from political persecution and became naturalized)

4. Any natural born who lost it by naturalization [PD

725] (still in effect)
5. Joining Armed Forces of US without consent of
Philippine government [Bengzon/RA 2630]
IMPLICATION: IF YOU REACQUIRED YOUR CITIZENSHIP BY

REPATRIATION- YOU ARE RESTORED TO YOUR FORMER STATUS AS

NATURAL BORN CITIZEN.
Take note! If you lost your citizenship by taking an oath of allegiance to sup0port
the constitution of foreign country or renouncement of citizenship- you
cannot get it back through repatriation..
Probably only by naturalization.

Bar Question, No. 2000, No. 18

Enumerate the ways by which Philippine

citizenship may be reacquired?

Take note of Frivaldo and Alterajos.

Principle of Retroactivity GR> if you get back our
citizenship through repatriation, it will retroact to the date of application for
repatriation. Hence, consequences will have to be that I will be deemed to
have reacquired my filipino citizenship on the dqte of my application..

Who can reacquire Philippine citizenship through repatriation?

[5%]
a. a Filipino male who married a Saudi Arabian woman and
joined the forces of his wifes country (because no defense treaty, not
deserter(

b. a natural-born Filipino citizen who lost Philippine

citizenship in 1990 because he was naturalized in a
foreign state (CA)
c. a 20-year old natural-born Filipino who lost citizenship while
still a minor because his parents lost Philippine citizenship on
account of political necessity (because it does not apply to
children but to the person himself)
d. a natural-born Filipino citizen who expressly renounced
Philippine citizenship after a long residency abroad

Citizenship 4

Sec. 4. Citizens of the Philippines who marry aliens

shall retain their citizenship unless by their act or
omission they are deemed under the law to have
renounced it.
-Marriage alone does not result to loss of Philippine
citizenship. [Labo v. COMELEC]
-What acts will result to loss? (by naturalization, desertion,
taking an oath of allegiance or renounciation of citizenship, rendered
service.)

-What omissions? As of to date, no omissions is defined. Only acts

1994, No. 8:
In 1989, Zeny Reyes married Ben Tulog, a
national of the state of Kongo. Under the laws of
Kongo, an alien woman marrying a Kongo national
automatically acquires a Kongo citizenship. After
her marriage, Zeny resided in Kongo and acquired
a Kongo passport. In 1991, Zeny returned to the
Philippines to run for governor of Sorsogon.
(1) Was Zeny qualified to run for Congressman?
Yes!!!!!!!!
For governor? Yes the same

a.
b.

c.

d.

Yes, because marriage to an alien does not

result to loss of citizenship (ca)
No, because by acquiring a Congo passport she
is deemed to have renounced her Philippine
citizenship
No, because by automatically acquiring Kongo
citizenship she is deemed to have renounced
Philippine citizenship
No, because by choosing to reside in Kongo she
became a dual citizen and thus became
ineligible for membership in the House

2004, No. 4: TAC, a Filipina medical technologist, left in 1975 to

work in ZOZ State. In 1988 she married ODH, a citizen of ZOZ.
Pursuant to ZOZs law, by taking an oath of allegiance, she
acquired her husbands citizenship.
ODH died in 2001, leaving her financially secure. She returned
home in 2002, and sought elective office in 2004 by running for
Mayor of APP, her hometown. Her opponent sought to have her
disqualified because of her ZOZ citizenship. She replied that
although she acquired ZOZs citizenship because of marriage, she
did not lose her Filipino citizenship. Both her parents, she said. Are
Filipino citizens.
Is TCA qualified to run for Mayor?
[House of Representatives]

a.
b.
c.

d.

No, because by marrying an alien she lost Philppine

citizenship
No, because by her act of acquiring the citizenship of
her husband she lost Philippine citizenship
No, because be taking an oath of allegiance to her
husbands country, she is deemed under the law to
have renounced Philippine citizenship (ca)
Yes, because marriage of a Filipino citizen to an alien
does not result to loss of Philippine citizenship

The others side: Effect on the citizenship of the alien:

1.
Effect on the alien woman:
Moy Ysa Lim Yao CA 473, Art. 15: Any woman
who is now or may hereafter be married to a
Filipino citizen and who might herself be lawfully
naturalized shall be deemed a citizen of the
Philippines.
-she is ipso facto a Filipino by marrying filipin if
she possess none of the disqualification
What is important is she is not disqualified. Meaning she is not violent, not
inflicted with or suffered sickness, or threat to the government. She
need not be a resident for a certain period, need not own property, need
not speak any dialect.

It is not automatic, it is subject to administrative proceeding

file an application with the BID showing
1. that she is married to a Filipino,
2. that she is not disqualified, not suffered sickness contagious
3. if BID satisfied that you are not disqualified, you will have to take an
oath and become a filipino.. No need to be naturalized WHICH take a long time

Djumantan v. Domingo (1995)

Marriage of an alien woman to a Filipino
husband does not ipso facto make her a
Filipino citizen. (administrative proceeding must be had to acquire
Filipino citizenship with the BID)

2003, No. 3: Miss Universe from Finland, came to the

Philippines on a tourist visa. While in this country,
she fell in love with and married a Filipino doctor,
Her tourist visa having expired and after the
maximum extension allowed therefor, the BID is
presently demanding that she leave the country but
she refuses to do so, claiming that she is already a
Filipino citizen by her marriage to a Filipino citizen.
Can the BID still order the deportation of Miss
Universe? Explain. [Is she a Filipino citizen?] NO!
MARRIAGE OF AN ALIEN TO A FILIPINO DOES NOT IPSO FACTO MAKE
HER FILIPINO. SHE MUST UNDERGO ADMINISTRATIVE NATURALIZATION
WITH THE BID.

2. Effect on the Alien Male (TAKE NOTE!)

CA 473: Qualifications for naturalization:
1. Ten (10) year residency in the Philippines,
exceptions:
In the following cases, residency is reduce to five (5)
years: xxx
-Being married to a Filipino woman
(ALIEN man does not ipso facto become a Filipino after marriage and administrative proceeding
but must comply the qualification set forth for naturalization) the 5 year residency period.)
Hence, must apply for naturalization.

1999, No. 3: What are the effects of

marriages of:
(1) a citizen to an alien? Distinction must be had as
to male alien and female alien

(2) an alien to a citizen; on their spouses

and children?

Sec. 5. Dual allegiance of citizens is

inimical to national interest and shall be
dealt with by law. (Not Self-Executing provisions)

A.

Definition of Dual Citizenship A situation in

which an individual holds citizenship in more
than one country.
It arises when, as a result of the concurrent
application of the different laws of two or more
states, a person is simultaneously considered
a national by more than one state.

B. Dual Citizenship v. Dual Allegiance

Dual allegiance- refers to the situation in
which a person simultaneously owes, by some
positive act, loyalty to two or more states
Dual Citizenship_ refers to a situation in a person is simultaneously a national of two or
more states

Distinction -

Dual citizenship is involuntary(2 or

more loyalties)

, dual allegiance is intentional.

B. Causes of Dual Citizenship (memo)

(1) Those born of Filipino fathers and/or
mothers in foreign countries which follow the
principle of jus soli;
(2) Those born of Filipino mothers and alien
fathers if by the laws of their fathers country
such children are citizens of that country;

(3) Those who marry aliens if by the

laws of the latters country the former are
considered citizens, unless by their act or
omission they are deemed to have
renounced Philippine citizenship.
(4) Those who retained or reacquired
Philippine citizenship under the provisions
of RA No. 9225.

What has Congress done?

1. Sec. 40, RA 7160:
2. RA No. 9225: Citizenship Retention and
Reacquisition Act

A. 1. Sec. 40 (d), RA No. 7160 (Local

Government Code of 1991):
Disqualification.The following persons
are disqualified from running for any
elective local position:
(d) Those with dual citizenship.

(beware)

Question:
Are persons with dual citizenship prohibited from
running for a local elective position?
Mercado v. Manzano, 307 SCRA 630 (1999)
Edu Manzano

Valles v. COMELEC, 337 SCRA 543 (2000)

Lopez mother was Filipino and her father was Australian she was with dual
citizenship. She ran and won for governor. She was questioned on the ground of
prohibition in the Local Government Code ? Held- PERSON WITH DUAL
CITIZENSHIP IS NOT PROHIBTED FROM RUNNING LOCAL ELECTIVE
POSITION. THE CONSTITUTION IS CONCERNED WITH DUAL ALLEGIANCE
AS PROHIBITED ONE PROVISIONS IN LOCAL GOVERNMENT CODE ON
DUAL CITIZENSHIP PROHIBITION MUST BE UNDERSTOOD TO BE DUAL
ALLEGIANCE.
MORESO, SC SAID THAT THE MERE ACT OF FILING A CERTIFICATE OF
CANDIDACY TERMINATES THE STATUS OF DUAL CITIZENSHIP. IT IS
DEEMED A RENOUNCIATION OF HIS ALIEN CITIZENSHIP.

Answer: No.
1. The phrase dual citizenship in RA 7160
should be understood as dual allegiance
2. The mere act of filing of Certificate of
Candidacy terminates status as a person with
dual citizenship

B. Sec. 3, RA No. 9225 (Citizenship Retention and

Reacquisition Act of 2003)
Retention of Philippine Citizenship - Any
provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their
naturalization as citizens of a foreign country
are hereby deemed to have re-acquired
Philippine citizenship upon taking the following
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 imposed this
obligation upon myself voluntarily without mental
reservation or purpose of evasion."

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.

Field to Application of RA No. 9225:

1. Applies only to natural-born Filipinos
2. Applies only to those who got naturalized
in a foreign country, either
a. prior to the effectivity of said law
[reacquisition]
b. after its effectivity [retention]
Date of Approval: August 29, 2003

The validity of RA. 9225 was impugned on the ground that it contravenes the
provisions of the constitution stating dual citizenship as inimical to public
interest

Is it constitutional? AASJS v. Datumanong, 523

SCRA 108 (2007) YES!!!!!!!!!
1. By swearing to supreme authority of the
Republic of the Philippines, he implicitly
renounces his allegiance to the foreign
country [no dual allegiance];
2. By requiring an oath, it shifted the problem
of dual allegiance to the other country [other
citizenship is not a concern of the RA 9225]

Can dual citizens vote? YES AS A GENERAL RULE UNDER

THE ABSENTEE VOTING ACT [Nicolas-Lewis] Exceptions:
. Not a candidate in a foreign country, not occupying
public office or in the armed forces of the foreign
country
2. Can you run for or get appointed to a public office?
1.

(MEMO) YES BUT YOU MUST

(a) Make a personal and sworn renunciation of all

foreign citizenship upon filing
(b) Residency requirement [Caasi] this must be complied
. Not a candidate in a foreign country, not
occupying public office or in the armed forces of the
foreign country

. Not a candidate in a foreign

country, not occupying public office or in
the armed forces of the foreign country

Lopez v. COMELEC, 559 SCRA 696 (2008)

Lopez was a candidate for the position of Chairman of
Barangay Bagacay, San Dionisio, Iloilo City in the election held
on October 29, 2007. He was a dual citizen having been
naturalized in the United States but regained his Philippine
citizenship by virtue of RA No. 9225, otherwise known as the
Citizenship Retention and Re- acquisition Act of 2003. When
his dual citizenship status was questioned, he invoked Valles v.
COMELEC, claiming that by filing his certificate of candidacy,
he is deemed to have renounced his foreign citizenship.

Held: no! Lopez contention is wrong. Valles vs. comelec cannot be applied. He
must Make a personal and sworn renunciation of all foreign citizenship upon
filing (at the time of filing. His later renunciation cannot be given effect as it
must be made at the time of filing.

3. Are you natural-born or not?

IX, 2009
Warlito, a natural-born Filipino, took up permanent residence in the
United States, and eventually acquired American
citizenship(naturalized). He then married Shirley, an American, and
sired three children. In August 2009, Warlito decided to visit the
Philippines with his wife and children: Johnny, 23 years of age;
Warlito, Jr., 20; and Luisa, 17.
While in the Philippines, a friend informed him that he could
reacquire Philippine citizenship without necessarily losing U.S.
nationality. Thus, he took the oath of allegiance required under R.A.
9225.
[a] Having reacquired Philippine citizenship, is Warlito a naturalborn or a naturalized Filipino citizen today? Explain your answer.
(3%)
Held: he is natural born filipino. In the first place, he is deemed to have
retained his natural born status by virtue of Sec.2 DECLARATION
POLICY OF RA 9225

Section 2. Declaration of Policy - It is

hereby declared the policy of the State
that all Philippine citizens of another
country shall be deemed not to have
lost their Philippine citizenship under
the conditions of this Act.

2009, IX
[b] With Warlito having regained Philippine
citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the most
speedy procedure for Shirley to acquire Philippine
citizenship? Explain. (3%)

NO derivative citizenship. Pursuant to mo ya lim yao no need

naturalization proceeding. Only undergo administrative proceeding with
BID

[c] Do the children --- Johnny, Warlito Jr., and Luisa

--- become Filipino citizens with their father's
reacquisition of Philippine citizenship? Explain your
answer. (3%)

Only Luisa the minor acquires filipino citizenship by virtue of Derivative

Citizenship Sec. 3 of RA 9225

Section 4. Derivative Citizenship - The

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

4. Can you practice profession in the

Philippines?
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; [Sec. 5
(4)]

Petition for Leave, 540 SCRA 424 (2007)

Dacanay was admitted to the Philippine bar in March

1960. He practiced law until he migrated to Canada and
acquired Canadian citizenship. On July 14, 2006, pursuant
to Republic Act (RA) 9225, Dacanay reacquired his
Philippine citizenship. Thereafter, he returned to the
Philippines and now intends to resume his law practice. Did
Dacanay lose his membership in the Philippine bar when he
gave up his Philippine citizenship in May 2004?
All Philippine citizens who become citizens of another
country shall be deemed not to have lost their Philippine
citizenship under the conditions of [RA 9225].
HELD: No need to take another BAR again. Juz apply for permision to practice legal

profession by paying fees and attend mcle. It would be otherwise if He reacquired

his citizenship by naturalization, in that he cannot be said to have not lost his
philippine citizenship ?

Which of the following are not considered natural-born citizens of

the Philippines?
a. Those who elected Philippine citizenship upon reaching the
age of majority because their mother is Filipina but their
father is an alien
b. Naturalized Filipino citizens who lost Philippine
citizenship but reacquired it through repatriation (IF YOU
REACQUIRED YOUR CITIZENSHIP BY REPATRIATION- YOU ARE RESTORED TO
YOUR FORMER STATUS)

c. Natural-born citizens who got naturalized in a foreign country

and reacquire citizenship under RA 9225
d. The minor children of parents whose parents got naturalized
as Filipino citizen (debatable in view of ong case)