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6 World Bull 1
6 World Bull 1
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ON DUAL ALLEGIANCE AND
DUAL NATIONALITY
By
MERLIN M. MAGALLONA *
Ibid.
of the country of the parents' origin and at the same time a
citizen of the country of birth. An example of this case is
presented by a person born in the United Kingdom of Filipino
parents. Under the British Nationality Act of 1948, he is a
British citizen by birth on account of the fact that he was born in
the United Kingdom.2 Unquestionably, he is a Filipino citizen
on the principle
3
of sanini as adopted by the Philippine
Constitution.
14
In the Philippines, Section 2(2) of Commonwealth Act No.
63, as amended by Presidential Decree No. 725 June 5, 1975, provides
that "a woman who lost her citizenship by reason of her marriage to an
alien may be repatriated.., after the termination of the marital status."
Under the Italian Nationality Act of 1912, an Italian woman married to
an alien loses her nationality if by marriage she acquires the husband's
nationality according to the laws of his State. However, if marriage is
dissolved, she regains her Italian nationality if she resides in Italy,
under certain conditions(Article 10). See U.N. Dept. of Eco. &Social
Affair, gipaii., at 63-64.
15 1)Hudson, World Court Reports 145, 156-157.
8Ibid.
In orderto avoid an impossible conflict, inter-
nationallaw by means of the doctrine of masterlw
tionaliy, posits fr that when a dual nationalis
resident or present in the territory of either of his
nationalities,the nationalityof thatterritoryfor the
time being takes precedenceandprevails; and sec-
adbx andin particular,thatthe State of one of his
nationalitiescan never give him, or his interests,
diplomaticprotection or support,or bring an inter-
national claim on his behalf, against the State of
his other nationality, even if he is not at the time
resident in thatState, and is residentin the territory
of the State desiring to claim."
19 Id, at 193.
The Hague Convention on Certain Questions Relating
to the Conflict of National Laws20 sets forth rules on the basic
aspects of dual nationality. It provides that "a person having
two or more nationalities may be regarded as its national by
each of the States whose nationality he possesses."2 1 He may
renounce any one of the nationalities acquired, but such renun-
ciation is subject to the consent of the State whose nationality he
desires to surrender.2 2 His diplomatic protection is regulated by
the Convention, the basic rule being that a "State may not afford
diplomatic protection to one of its nationals against a State
whose nationality such person also possesses.2" If the dual
national is in a third State, the Convention follows the principle
of effective nationality, meaning that the third State "shall
recognize the nationality of the country in which he is habitually
and principally resident, or the nationality of the country with
which in the circumstances he appears to be in fact most closely
connected."24
23 Art. 4.
24 Art. 5.
The case of dual nationality arising from dissolution of
marriage has been noted above. Article II of the Convention
seeks to prevent such duality when it provides that the wife will
not recover her nationality after the dissolution of marriage,
except if she so desircs, in which case she shall lose her
husband's nationality as acquired by marriage.
Article 2 provides:
30 29 SCRA 94 (1969).
naturalizationcertificate is issued, the petitioner
shall"solemnly swear" inkiglia,thathe renounces
"absolutely andforever all allegiance andfidelity
to any foreign prince,potentate" andparticularly
to the State "of which" he is "asubject or citizen."
The obviouspurpose of this requirementis to divest
him of his former nationaliW, before acquiring
Philpoinecitizenshig.because.otherwise.he would
have two nationalitiesand owe allegiance to the
two (2) distinctsovereignties.which ourlaws do not
prmJL,31
33 Sec. 1(2).
22 (1956). British law is the only legal system which provides for
automatic acquisition of nationality by adoption.