ARTICLE 4 — CITIZENSHIP ARTICLE 4 — CITIZENSHIP WHO ARE PHILIPPINE CITIZENS Section 1. The following are citizens of the Philippines: (1). Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (9) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. Iv Genenat * What is citizenship? Citizenship — is personal and more or less permanent memoership in a political community. It denotes possession within that particular poltical community of full civil and political rights subject to special disqualifications such as minority. Reciprocally, it imposes the duty of allegiance to the political community. + What are the modes of acquiring citizenship? 1. Bybirth a. Jus sanguinis — acquisition of citizenship on the basis of blood relationship Jus soli — acquisition of citizenship on the basis of place of birth 2, By naturalization — the legal act of adopting an alien and clothing him with the privilege of a native born citizen. NOTE — Philippine law follows the rule of us sanguinis and provides for naturalization. + Who are Filipino Citizens? 41, Those who are citizens of the Philipines at the time of the adoption of the 1987 Constitution ‘Those whose fathers or mothers are citizens of the Philippines 2, Those bom before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority 4, Those who are naturalized in accordance with law + How should the citizenship of a person be challenged? Only through a direct attack, through direct proceeding brought for such purpose. It cannot be collaterally attacked, Wilando vs HREP 2011) + How does the principle of Res Judicata apply in citizenship cases? Generally, res judicata does NOT set in citizenship cases. (Valles vs Comelec 2000) + EXCEPT — When the following are present — 1. Person's citizenship is resolved by a court or an administrative body as a material issue in the controversy after a ful-blown hearing 2. With the active participation of the Solicitor-General or his representative 3, Finding of citizenship is affirmed by the Supreme Court (Fortune vs Comelec 2005) Who are. 10 Crmzens? (E 11, THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE TIME OF THE ADOPTION OF THE 1987 CONSTITUTION + This includes — ‘a. Those who are citizens under the Treaty of Paris bb. Those declared citizens by judicial declaration applying the jus soll principle (Tio Tiam vs Republic 1957) CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 97 0F 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP Those naturalized under the law 4, Those citizens under the 1985 and 1973 Constitution THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF THE PHIL! This isthe jus sanguinis rule + Thisis the same rule as that under the 1973 Constitution. This means that ita child ls born under the 1973 or 1987 Constitution and either his father or mother isa Filpino citizen atthe time the child is born, the child isa Flipino citizen no matter where he may be born NOTE — Even ifthe childis illegitimate and his mother is an alien, but i his father is Fiipino, he will still be considered 8 a Filipino provided that paternity is clear, because of jus sanguinis, which makes no distinction between legitimate ‘and illegitimate children. (Tecson v. Comelec 2004) INO MOTHERS, WHO ELECT PHIL 3. THOSE BORN BEFORE JANUARY 17, 1973, OF Fi INE CITIZENSHIP UPON REACHING THE AGE OF MAJORITY ‘This provision took effect only with the effectivity ofthe 1973 Constitution on January 17, 1973. Hence, children similarly situated but born prior to January 17, 1973 are governed by Section 1(4) of Article lV of the 1935 Constitution + Thus, if child was born of a Flipina mother and an alien father BEFORE the effectivity of the 1978 Constitution (meaning during the 1985 Constitution), the the 1973 and 1987 Constitutions does NOT recognize such child as Filipino unless upon reaching majority the child elects Philippine citizenship pursuant to the 1885 Constitution + BERNAS — this provision on election in the 1973 and 1987 Constitution are transitory provisions intended to take care of those who under the 1985 Constitution could have elected Philiopine citizenship upon reaching majority but had not yet reached majority atthe time ofthe effectivity of the 1973 or 1987 Constitution. ‘Also, a child born under the 1973 or the 1987 Constitution of a Filipina mother and an alien father need NOT elect Philippine citizenship + BUT — Ifthe mother, however, had lost Philippine citizenship by the time of the birth of the child, the child has no right of election and may acquire citizenship only by naturalization, When must the election be made? + NACHURA — Within 3 years upon reaching t when there isa justifiable reason for the delay. 12 age of majority (Opinion, Secretary of Justice, s. 1948); except BERNAS — The election must be made within a reasonable period after reaching majority. However, may be ‘extended under certain circumstances as when the person concerned has always considered himsolf a Filipino citizen » How must the election be made? + Section 1 of Commonwealth Act 625, enacted on June 7, 1941, says that the election must be expressed in a statement sworn before any officer authorized to administer oaths and filed with the nearest civil registry and accompanied by an oath of allegiance to the Philippine Constitution. However, participating in elections and ‘campaigning for candidates, and similar acts done prior to June 7, 1941, have been recognized as sufficient to show one's preference for Philippine citizenship. (In re Florencio Mallare 1974) + What the person who elects Philippine citizenship fails to immediately fle the documents of election with the nearest civil registry? + They can stil be considered Filipinos. + SEE — Cabiling Ma v. Commissioner, G.R. No. 183133, July 26, 2010 ‘This case involved children who had grown to adult years and for some reason failed to register their election but had all along acted as citizens. Amiong the things which the Court noted was that the 1978 Constitution had already corrected the chauvinistic provision of the 1935 Constitution by making those born of a Filipina mother a citizen without need for election. ‘THOSE WHO ARE NATURALIZED IN ACCORDANCE WITH LAW. Naturalization — is the legal act of adopting a foreigner and clothing him with the privileges of a natural-born citizen. A person may be naturalized either by complying with both the substantive and procedural requirements of a general naturalization law or he may be naturalized by a special act of the legislature, + What kind of naturalization laws and procedures have been used in the Phillppines? CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 980F131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP a. General law of naturalization applied through a jucicial process. (Revised Naturalization Law, C.A. 473, June 17,1939) NOTE — This is stilin effect Special naturalization law, je, an act of the legislature making a named individual a citizen of the Philippines + Such as — @ law was passed to naturaize former NBA player Andray Blatche so that he could play for the National Basketball Team fc. Mass naturalization lav ‘Such as — The Philippine Bil of 1902 made Filipino citizens of “all inhabitants of the Philippine Islands ‘continuing to reside in them who were Spanish subjects" on 11 April 1899 “and then resided in said islands 4d, General law of naturalization applied through a combination of administrative process and presidential legislative process ©. Administrative Naturalization Law, R.A. 9199, enacted in 2000, NATURAL-BORN PHILIPPINE CITIZENSHIP Section 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 in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. + Who are considered Natural-Born Filipino Citizens? 41, Those who are citizens of t Philippine citizenship. 1 Philippines from birth without having to perform any act to acquite or perfect their 2, Those bom before January 17, 1973, of Flipino mothers, who elect Philippine citizenship upon reaching the age of majority + NOTE — A Filipino who is NOT a natural-born citizen is necessarily a naturalized citizen. There are only two kinds of citizenship — natural born and naturalized. (Bengzon vs Cruz 2001) BERNAS — Jose was born a Chinese and married a natural bom Filipina in 1932. Jose was eventually naturalized and took his cath of allegiance in 1955. At that time Jose, Jt, was 9 years old. In 1987 Jose, Jt. was elected to the House of Representatives. + May the citizenship of Jose, Sr, already deceased, be attacked collaterally in this case? + NO. An attack on one's citizenship may be made only through a direct, nota collateral proceeding (Co v. HRET 1991) + Did the minor Jose, Jr. become a Filipino citizen with his father? YES. Under the Naturalization Law. + Did he have to elect Philippine citizenship when he came of age? + NO, Because he already was one, it would be unnatural to expect him to, Election of Philippine citizenship [presupposes that you are not one, Moreover, jurisprudence recognizes both formal and informal election. (re Mallare 1974) + Ishea natural born citizen? YES. He benefits from the curative nature of See. 2. He derives his status of being a natural born citizen not from his father, who made election unnecessary for him, but from his mother who was a natural bor Filipina. (Co. HRET 1991) + Why is the classification of being a natural-born citizen important? Itis a qualification which is often required for public office + May the law treat natural-born citizens and naturalized citizens differently? CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 990F131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP NO. Except in the instances where the Constitution itself makes a distinction, Otherwise there would be a violation of the equal protection clause. (Chen Teck Lao v. Republic 1974) NATURALIZATION GOVERNING LAWS ON NATURALIZATION 4, A473 — General law of naturalzat 17,1939) 2, RA9139 — Administrative Naturalization Law, R.A. 9189, enacted in 2000 "applied through a judicial process. (Revised Naturalization Law, C.A, 473, June Kiwos oF NATURALIZATION 1, Direct naturalization — when directly granted in favour of a certain individual or group of people 2. Derivative naturalization — when conferred upon the — a, Wife of the naturalized husband b, Minor children of naturalized parent ce, Alien woman upon marriage to a national NATURALIZATION UNDER CA 473 + What are the substantive requirements for naturalization under CA 473? QUALIFICATIONS — +, Not less than 21 years of age on the date of the hearing of the petition 2, Resided in the Philippines for a continuous period of not les 10 years BUT — This may be reduced to 5 years if he either— Honorably held office in Govemment '. Established a new industry or introduced a useful invention in the Philippines Married to a Fiipino woman 4. Been engaged as a teacher in the Philippines (in a public or private school not established for the exclusive instruction of persons of a particular nationality or race) or in any of the branches of education or industry for a period of not less than two years. Born in the Philippines 8. Good moral character; believes in the principles underlying the Philippine Constitution; must have conducted himset ina proper and irreproachable manner during the entire period of his residence in the Philippines in his relations with the constituted government as well as the community in which he is living 4, Own real estate in the Philippines worth not less than P5,000.00, or must have some known lucrative trade, profession or lawful occupation 5, Speak and write English or Spanish and any of the prine'pal Philippine languages: 6, Enrolled his minor children of schoo! age in any of the public or private schools recognized by the Government ‘where Philippine history, government and civics are taught as part of the school curriculum, during the entire petiod of residence in the Philippines required of him prior to the hearing of his petition for naturalization DISQUALIFICATIONS — When the person is either — +. Opposed to organized government or affliated with any association or group of persons who uphold and teach doctrines opposing all organized governments 2, Defending or teaching the necessity or propriety of violence, personal assault or assassination for the success or predominance of their ideas 3, Polygamists or believers in polygamy 4, Convicted of a crime involving moral turpitude CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 100 OF 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP 5, Suffering from mental alienation or incurable contagious disease 6. Who, during the period of their residence in the Philippines, have not mingled socially withthe Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Flipinos 7, Citizens or subjects of nations with whom the Philippines is at war, during the period of such war 8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens Cr subjects thereof, + What are the procedural requirements for naturalization under CA 473? 41, Filing of declaration of intention one year prior to the fling ofthe pettion with the Office of the Solicitor General + BUT — The following are exempt trom fling declaration of intention — ‘a, Born in the Philippines and have received their primary and secondary education in public or private schools recognized by the Government and not limited to any race or nationality , Resided in the Philippines for 80 years or more before the fling ofthe petition, and enrolled his children in elementary and high schools recognized by the Government and not limited to any race or nationality ‘6, 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 two credible persons, citizens of the Philippines, who personally know the petitioner, as character witnesses 8, Publication ofthe patition — + Under Sec. 9, Revised Naturalization Law, in order that there be a valid publication, the following requisites must Concur: (athe petition and notice of hearing must be published: (b) the publication must be made once a week for three consecutive weeks; and (c) the publication must be in the Official Gazette and in a newspaper of general circulation in the province where the applicant resides. In addition, copies of the petition and notice of hearing ‘must be posted in the office ofthe Clek of Court or in the building where the office is located (Republic v. Hamilton Tan Keh 2004) The same notice must also indicate, among others, the names of the witnesses whom the petitioner proposes to introduce at the trial (Republic v, Michael Hong 2006) + 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 The failure to state all the requited details inthe notice of hearing, ike the names of applicant's witnesses, constitutes a fatal defect. The publication ofthe affidavit of such witnesses did not cure the omission of their ‘names in the notice of hearing. It isa settled rule that naturalization laws shoul be rigidly enforced and strictly construed in favour of the government and against the applicant (Ong Chua v. Republic 2000), ‘Actual residence in the Philippines during the entire proceedings Hearing of the petition Promulgation of the decision Hearing after two years - oat this hearing, the applicant shall show that during the two-year probation period, applicant has — Not left the Philippines Dedicated himself continuously toa lawful calling or profession Not been convicted of any offense or violation of rules Not committed an act prejudicial to the interest of the nation or contrary to any Government- announced polices. 8, Oath taking and issuance of the Certificate of Naturalisation + NOTE — The applicant becomes a Filipino citizen only after taking the oath provided by law after satisfactorily ppassing the period of probation. + What are the effects of Naturalization under CA 473? 4, The applicant is deemed a Naturalized Filipino CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 101 0F 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP 2, Itvests citizenship on wife if she herself may be lawfully naturalized + Thus, the alien wife of the naturalized Filipino need not go through the formal process of naturalization in order to ‘acquire Philippine citizenship. All she has to do isto file before the Bureau of Immigration and Deportation a petition for the cancellation of her Allen Cerificate of Registration (ACR). At the hearing on the petition, she does not have to prove that she possesses all the qualifications for naturalization; she only has to show that she does not labor under any of the disqualifieations. Upon the grant of the petition for cancellation of the ACR, she may then take the oath of the allegiance to the Republic of the Philippines and thus, become a citizen of the Philippines. (Moy Ya Lim Yao vs Commissioner of Immigration) 3, Minor children — a. Born in the Phillppines before the naturalization — considered citizens of the Philippines. b. Born outside the Philippines — i. Who was residing in the Philippines at the time of naturalization — considered a Filipino citizen Before parent's naturalization — considered Filipino citizens only during minority, unless he begins to reside permanently in the Phliopines. ii, After parent's naturalization — 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. + What are the grounds for de-naturalization under CA 473? 41, Naturalization certficate is obtained fraudulently or illegally Acortiticate of naturalization may be cancelled if it's subsequently discovered that the applicant obtained it by misleading the court upon any material fact. Avallment ofa tax amnesty does not have the effect of obliterating his lack of good moral character. (Republic v Li Yao) 2. Il, within 5 years, he returns to his native country or to some foreign country and establishes residence there: provided, that 1-year stay in native country, or 2-year stay ina foreign country shall be prima facie evidence of intent to take up residence in the same. 3, Petition was made on an invalid declaration of intention. Minor children failed to graduate through the fault of the parents either by neglecting to support them or by ‘transferring them to another school 5, Allowed himself to be used as a dummy. NOTE — although the misconduct was committed atter the two-year probationary period, conviction of perjury and rape was held to be valid ground for denaturalization. (Republic vs Guy) + What are the effects of de-naturalization under CA 473? 41, Ifthe ground for denaturalization affects the intrinsic validity of the proceedings — the denaturalzation shall divest ‘the wife and children of their derivative naturalization, 2, Ifthe ground was personal to the denaturalized Filipino — his wife and children shall retain their Philippine citizenship. NATURALIZATION BY DIRECT LEGISLATIVE ACTION + Thisis discretionary on Congress; usually conferred on an alien who has made outstanding contributions to the country. ADMINISTRATIVE NATURALIZATION UNDER RA 9139 + Is RA 9139 (The Administrative Naturalization Law of 2000) different from CA 473? What are the differences YES. CA.479 and RA 9199 are separate and distinct laws, 4, 6A.473 — former covers aions regardless of class 2, RA9139— covers native-born aliens who lived in the Philippines all their lives, who never saw any other country ‘and all along thought that they were Filipinos, who have demonstrated love and loyalty to the Philippines and affinity to Flipino customs and traditions. + The intention ofthe legislature in enacting RA 9139 was to make the process of acquiting Philippine citizenship less tedious, less technical, and more encouraging. There is nothing in the law from which it can be inferred that CA473 is. CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 102 0F 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP intended to be annexed to or repealed by RA 9139. What the legislature had in mind was merely to prescribe ancther mode of acquiring Philippine citizenship which may be availed of by native-born aliens. The only implication is that a native-born alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed qualifications and eisqualfcations, + What are the substantive requirements for naturalization under RA 9139? + QUALIFICATIONS — Applicant must — 1, Be bor in the Philippines and residing therein since birth 2. Not be less than 18 years of age, atthe time of fling of his/her petition 3, Be of good moral character and believes in the underlying principles of the Constitution and must have conducted himself/herself in a proper and ireproachable manner during his/her entire period of residence in the Philippines inhis 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 clvies are taught and prescribed as part of the school curriculum and where enrolment isnot 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 ofthe Philippines 7. Have mingled withthe Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people, DISQUALIFICATIONS — Same as those in CA 473 + What are the procedural requirements for naturalization under RA 9139? 41, Filing with the Special Committee on Naturalization of a petition (see Sec, 5, RA 9139, for contents of the 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 ofthe petition should also be furnished to the Department of Foreign Affairs, Bureau of Immigration and Deportation, the civil registrar of petitioner's place of residence and the National Bureau of Investigation which shall post copies of the petition in any public or conspicuous areas in the'r buildings offices and premises, and within 30, days submit to the Committee a report stating whether or not petitioner has any derogatory record on fle or any such relevant and material information which might be adverse to petitioner's application for citizenship 4, The Committee shall, within 60 days from receipt of the report of the agencies, consider and review all information received pertaining to the petition (if Cormmittee receives any information adverse to the petition, the Committee shall allow the petitioner to answer, explain of refute the information) Committee shall then approve or deny the petition. \Within 20 days from approval of the petition, applicant shall pay to the Committee a fee of P100,000, then take the oath of allegiance and a certificate of naturalization shall issue. 7. Within 5 days after the applicant has taken his oath of allegiance, the Bureau of Immigration shall forward a copy of the oath to the proper local civil registrar, and thereafter, cancel petitioner's alien certificate of registration, + What aro the effects of Naturalization under RA 9135? ‘The applicant is deemed a Naturalized Filipino + After the approval of the petition for administrative naturalization and cancellation of the applicants alien certificate of registration, applicant's alien lawtul wife and minor children may ‘ile a petition for cancellation of their alien certificates of registration with the Committee, subject to the payment of the required fees, + BUT — Ifthe 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 aval ofthe right to seek the cancellation oftheir alien corificate of rgistration. + What aro the grounds for cancellation of the Certificate of Naturalization under RA 9139? CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 103 OF 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP ‘The Special Committee on Naturalization may cancel certificates of naturalization issued in the following cases — If the naturalized person or his duly authorized representative made any false statement or misrepresentation, or committed any violation of law, rules and regulations in connection with the petition, or i he obtains Philippine citizenship fraudulently or illegally 2. If, within five 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 If allowed himself or his wite or child with acquired citizenship to be used as a dummy 4, Ifhe, his wife or child with acquired citizenship commits any act inimical to national security LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Phill pines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it LAW WHICH GOVERN Loss AND REACQU! 1 CANo, 63, as amended A965 and 2639 RA B171 and PD. 725 on repatriation RA9225 — Citizenship Retention and Re-acquistion Act of 2003 How is Philippine Citizenship lost? 1. By naturalization in a foreign country (Frivaldo vs COMELEC) + Express renunciation means a renunciation that is made known distinctly and explicitly, and not left to inference or implication. (Board of Immigration Commissioners v. Go Callan) + SEE — Labo v. Comelec, 176 SCRA 1 + Inthis ease, it was held that Labo lost Filipino citizenship because he expressly renounced allegiance to the Philippines when he applied for Australian citizenship. + SEE — Valles v. Comelec, G.R. No. 137000, August 9, 2000, In this case, it was held that the fact that private respondent was born in Australia does not mean that she is not a Filipino. if Australia follows the principle of jus sol, then at most she can also claim Australian citizenship, resulting in ner having dual citizenship. That she was a holder of an Australian passport and had an alion ccortiticato of registration do not constitute effective renunciation, and do not militate against her claim, of Filipino citizenship. For renunciation to effectively result inthe loss of citizenship, it must be express. + SEE — Willie Yu v. DefensomSantiago, 169 SCRA 964 + Inthis case, the obtention of @ Portuguese passport and signing of commercial documents as a Portuguese ‘were construed as renunciation of Philippine citizenship. CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 104 OF 131 POUTICAL LAW REVIEWERREACQUISMION OF Pi ARTICLE 4 — CITIZENSHIP By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining 21 years of age + NACHURA — However, a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country. This may be considered as an application of the principle of indelible allegiance, By rendering service to or accepting commission in the armed forces of a foreign country + NACHURA — However, the rendering of service to, or acceptance of such commission in, the armed forces of a foreign country and the taking of an oath of allegiance incident thereto, with consent of the Republic of the Philippines, shall NOT divest a Filipino of his citizenship if ether of the following circumstances is present — ‘a, Tne Republic of the Philiapines has a defensive and/or offensive pact of alliance with the said foreign country The said foreign country maintains armed forces in Philippine tertory with the consent of the Republic of the Philippines. By cancellation of the certificate of naturalisation, By having been dectared by competent authority a deserter of the Philippine armed forces in time of war + EXCEPT — When subsequently a plenary pardon or amnesty has been granted, by virtue of the laws in force of her husband's country, In case of a woman, upon her marriage to a foreigner, i she acquires his nationality Ine CrrizeNsit + How may lost Philippine citizenship be reacquired? Either by — 4. Naturalization — a former Filipino may be naturalized to re-acquite Philippine citizenship, provided that the applicant possesses none of the disqualification prescribed for naturalization. 2, Repatriation — This is the recovery of original citizenship, 3, By taking an oath of allegiance — This applies to former natural-born Philippine citizens who may have lost their Philippine citizenship by reason of their acquisition of the citizenship of a foreign country. (Under R.A. 9225) 4. By direct act of Congress REPATRIATION + What laws govern repatriation of Philippine citizenship? RAB171 — governs the repatriation of Filipino women who may have lost Filipino citizenship by reason of marriage to aliens, as well as the repatriation of former natural-born Filipino citizens who last Filipino citizenship on account of political or economic necessity PD. 725 — allows repatriation of former natural-born Filipino citizens who lost Filipino citizenship. (But seems moot due to RA 9225) + Who may be repatriated under RA 8171? Either ofthe folowing — +. Women who lost citizenship by marriage: oF 2. Those who lost citizenship for political or economic reasons may be repatriated. DISQUALIFICATIONS (Under RA 8171) — Applicant must NOT be +, Opposed to organized government or affliated with any association or group of persons who uphold and teach doctrines opposing organized government 2, Defending or teaching the necessity or propriety of violence, personal assault or assassination for the predominance of his ideas 3, Convicted of a crime involving moral turpitude 4, Suffering from mental alienation or incurable contagious disease. CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 105 OF 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP + May a person, who lost his Philippine citizenship due to derivative naturalization during his minority when his Father became a citizen of a foreign country, claim repatriation under RA 8171? + NO. SEE — Tabasa v. Court of Appeals, G.R. No. 125793, August 29, 2006 + The privilege of RA 8171 is available only to natural-born Filipinos who lost their citizenship on account of political fr economic necessity and to thelr minor children. This means that if parent who had renounced his Philippine citizenship due to political or economic reasons later decides to repatriate under RAB171, his repatriatioin will also benefit his minor children. Thus, to claim the benefit of RA 8171, the children must be of minor age at the time the petition for repatriation is filed by the parent, This is so because a child does not have the legal capacity to undertake @ political act ike the election of citizenship. On their own, the minor children cannot apply for repatriation or naturalization separately from the parents. + How is repatriation accomplished under RA 8171? Repatriation is effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent allen certificate of registration and issue the certificate of identification as Flipin citizen to the repatriated citizen. (Sec. 2, RA 8171) + NOTE — the registration of petitioner's repatriation with the proper civil registry and with the Bureau of Immigration is a prerequisite in effecting repatriation. (Altarejos . Comelec 2004) + What are the effects of repatriation? ‘The act of repatriation allows the person to recover, or return to, his original status before he lost his Philippine citizenship, Thus, if what was lost was naturalized citizenship, that is what will be reacquired. f what was lost was natural born citizenship, that will be reacquited. (Bengzon v. Cruz 2001) + When does repatriation take effect? + The grant of repatriation retroacts to the date of the fing of the application for repatriation. The effective date is the date of application for repatriation not the date when repatriation was approved. (Frvaldo vs Comelec) RE-ACQUISITION OF PHILIPPINE CITIZENSHIP UNDER RA 9225 + What is the policy of the State with regard to Natural-Born Philippine citizens who become citizens of a foreign country? Itis the policy of the State that all Phiippine citizens of another country shall be deemed net to have lost their Philippine citizenship under the conditions of RA 9225. (See. 2, RA 9225) + BERNAS — What R.A. 9225, the Dual Citizenship Law, has done isto liberalize the reacquisition and retention of natural born Philippine citizenship. The law deals with two classes of persons: (1) Filipinos who lost their citizenship prior to the enactment of RA 9225 and (2) Filipinos who become citizens of another country after the effectivity of PLA. 9228, + How do Natural Born citizens who lose their Philippine citizenship by reason of their naturalization as citizens of a foreign country reacquire Philippine citizenship? By taking an oath of allegiance as spelled out by Sec. 3, RA 9225 + NOTE — Natural born citizens of the Philippines who, after the effectivity of RA 9225, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. + What is the effect of taking such oath of allegiance? 4, The former Natural Born citizen re-acquires his Philippine citizenship 2, The unmarried child, whether legitimate, legitimate 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 (Derivative Citizenship) 3, Those who retain or reacquite Philippine citizenship under RA 9225 enjoys full civil and political rights and be subject {oll attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions — fa, Those intending to exercise their right of sutirage must meet the requirements under Sec. 1, Art. V of the Constitution, R.A. 9189, otherwise known as "The Overseas Absentae Voting Act of 2003" and other existing laws CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 106 OF 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP Those seeking elective public office inthe Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of the fling 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 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 4, Those intending to practice their profession in the Philippines shall apply with the proper authority fora license or ppermit to engage in such practice; The right to vote or be elected or appointed to any public ofice in the Philippines cannot be exercised by, oF extended to, those who: — i. Are candidates for or are occupying any public office in the country of which they are naturalized citizens ji, Are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens. DUAL ALLEGIANCE AND DUAL CITIZENSHIP Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. + Does the Constitution allow dual or multiple citizenship? BERNAS — YES, Because Philippine law has no control over citizenship laws of other countries, dual citizenship can be unavoidable under the present Constitution. Instances of Dual Citizenship — 4, Achild ofa Filipina mother is a Filipino and might also have his alien father's citizenship 2. A Filipina married to an alien remains a Philippine citizen but might also acquire her alien husband's citizenship 3, A person with Filipino parents bom in a country which observes the jus soli rule. + Does not Section 5 in effect prohibit dual citizenship? NO. Dual citizenship and dua allegiance are different. The specific target ofthis new provision is not dul citizenship but cual allegiance arising trom e.9., mixed marriages or birth in foreign soil. This was seen as more insidious than dual citzenship. To the extent, however, that dual citizenship also imports dual allegiance, then it must also be “dealt with by law." In other words, the Constitution leaves the disposition of the problem of dual citizenship and dual allegiance to ordinary legislation. + Can dual citizens run for public office? YES. Provided they renounce their foreign citizenship ‘SEE — Maquiling vs Comelec, G.R. No. 195649, July 2, 2013 + Only those who are exclusively Filipinos are qualified to run for public office. f we allow dual citizens who wish to run for public office to renounce their foreign citizenship and afterwards continue using their foreign passports, we are creating a special privilege for these dual citizens, thereby effectively junking the prohibition in Section 40(q) of the Local Government Code. ‘SEE — Mercado v, Manzano, 307 SCRA 630 as reiterated in Valles v. Comelec, G.R. No. 137000, August 9, 2000. + In this case, the Court clarified the “dual citizenship" disqualification in Sec. 40, Local Government Code, and reconciled the same with Sec. 5, Art. IV of the Constitution on “dual allegiance”. Recognizing situations in which @ Filipino citizen may, without performing any act and as an involuntary consequence of the conflicting laws of different counties, be also a citizen of another state, 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, Furthermore, for candidates with dual citizenship, itis enough that they elect Philippine citizenship upon the fling ir certificate of candidacy to terminate their status as persons with dual citizenship. The fling of a certificate CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 107 OF 131 POUTICAL LAW REVIEWERARTICLE 4 — CITIZENSHIP of candidacy suffices to renounce foreign citizenship, effectively removing any disqualification as dual citizen. This is s0 because in the certificate of candidacy one declares that he/she is a Filipino citizen and that he/she will support and defend the Constitution and will maintain true faith and allegiance to the same. Such declaration Under oath operates as an effective renunciation of foreign citizenship + BUT this doctrine in Vallas and Mercade that the fling ofa certificate of candidacy suffices to renounce foreign citizenship does not apply to one who, after having reacquited Philippine citizenship under R.A. 9225, runs for public office, To comply with the provisions of Sec. 5 (2) of R.A. 9225, itis necessary that the candidate for public! ‘fice must state in clear and unequivocal terms that he is renouncing all foreign ctzenship, Lope vs Comelec 2008) CLARENCE TIU CONSTITUTIONAL LAW 2 ATENEO Law 4B 2017 108 OF 131 POUTICAL LAW REVIEWER