Art. IV. Citizenship

1. Citizens a. Natural-born(SC Justice, pres, vicepres, senator……., cong.

b. Naturalized (Governor, mayor, …..

c. Duals

2. Aliens

3. Stateless individuals

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. No, because he failed to elect Philippine citizenship upon reaching the age of majority.

b. No, because while he is not required to elect, he is not natural-born Filipino

c. No, because he follows the citizenship of his father

d. 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. Yes, because one whose father or mother is a Filipino is also a Filipino (Correct Answer)

b. No, because he was born in the US which follows the jus soli principle

c. No, because the fact the he carried an American passport proves that he is an American

d. 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 bornc. at the time he reaches the age of majorityd. 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 father’s country, his mother did not acquire his father’s 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. Victor cannot anymore elect (3 years old and 5 days already upon reaching age of majority). Hence, he is not qualified to run.

b. 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

2. File the Petition with RTC

3. Publication with Official Gazzete and Newspaper of General Circulation

4. Hearing ……If granted, you undergo Probational period of 2 years

5. If found satisfactory, you take oath of allegiance, almost 3 years all in all.

(b) Administrative naturalization

© Legislative naturalization

A. Judicial naturalization

1. Declaration of intention with OSG

2. File petition with RTC

3. Publication with OG and 1 newspaper

4. If granted, rehearing after 2 years

5. 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 Biao’s Filipino citizenship be cancelled?] (YES)

a. No, because due to the lapse of time prescription has set in

b. No, because the RTC’s granting citizenship is now res judicata

c. Yes, because an action for denaturalization is not subject to prescription (CA)

d. 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 NaturalizationJust 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. On the day of the election

c. At the time he files his certificate of candidacy

d. At least one year before the election

Sec. 2: Sec. 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire 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. Yes, not having elected Philippine citizenship he is an alien

b. 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

c. 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 REPATRIATION- RESTORAITON TO A FORMER STATUS AS NATURAL BORN CANNOT BE HAD.

a. No, because by getting repatriated he performed an act in order to perfect his citizenship

b. No, because once the status of being a natural-born citizen is lost, there is no way to regain it

c. Yes, because repatriation restores one to his former status as a natural-born

d. 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 you’re 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 Congress3. 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 wife’s 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. Yes, because marriage to an alien does not result to loss of citizenship (ca)

b. No, because by acquiring a Congo passport she is deemed to have renounced her Philippine citizenship

c. No, because by automatically acquiring Kongo citizenship she is deemed to have renounced Philippine citizenship

d. 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 ZOZ’s law, by taking an oath of allegiance, she acquired her husband’s 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 ZOZ’s 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. No, because by marrying an alien she lost Philppine citizenship

b. No, because by her act of acquiring the citizenship of her husband she lost Philippine citizenship

c. No, because be taking an oath of allegiance to her husband’s country, she is deemed under the law to have renounced Philippine citizenship (ca)

d. 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 proceedingfile 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 latter’s 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]

1. 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? (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 natural-born 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 re-acquire 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)