INTRODUCTION

The case assigned to us is about citizenship, wherein it presented

issues are how a natural born citizen can reacquire his/her Philippine
citizenship once it reacquires can his/her spouse and children also becomes a
Philippine citizen?

Citizenship is governed in Article IV of the 1987 Philippine

Constitution, who are those persons considered as Philippine Citizen?

The issues in this case are addressed in our conclusion, we have cited
jurisprudence and other prevailing statutes in order to solidify our standing
in the conclusion.

One of the cases that involves citizenship as its issue is the case of our
Senator Grace Poe. We studied prevailing jurisprudence and statutes which
discussed citizenship.

Thus, we’ve come up with this term paper.

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;

(3) 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.[1]

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 citizen.[2]

Definition of Citizenship and Citizen

Citizenship, strictly speaking, is a term of municipal law and denotes

the possession within the particular state of full civil and political right
subject to special disqualification such as minority, sex, etc.[3]

Citizen, one who, under the Constitution and laws, has a right to vote
for representatives in congress and other public officers, and who is
qualified to fill offices in the gift of the people.
 One of the sovereign people; a constituent member of the sovereignty,
synonymous with the people. A member of the civil state entitled to all its
privileges.[4]

Citizens, are members of political community who, in their associated

capacity, have established or submitted themselves to the dominion of a
government for the promotion of their general welfare and the protection of
their individual as well as collective rights. [8]

Citizenship is the relationship between an individual and a state to

which the individual owes allegiance and in turn is entitled to its protection.
Citizenship implies the status of freedom with accompanying
responsibilities. Citizens have certain rights, duties, and responsibilities that
are denied or only partially extended to aliens and other noncitizens residing
in a country. In general, full political rights, including the right to vote and to
hold public office, are predicated upon citizenship. [5] Citizenship is a
personal and more or less permanent membership in a political community.
It denotes possession of that community of full civil and political rights,
subject especially to certain disqualification such as minority.[6]

In the Philippines, citizenship can be acquired through Jus Sanguinis

or by blood relations, or through naturalization. There must Significance of
the distinction between natural born citizen and naturalized citizens because
the 1987 Constitution has reserved certain constitutional offices for natural
born citizens.[7]

Modes of acquiring citizenship.

Jus sanguinis (right of blood), at birth an individual acquires the

nationality of his/her natural parents wherever he may be born and; Jus Soli,
a person’s nationality is determined by the place of birth. In the Philippines,
we adhere to the principle of Jus sanguinis.[13]

Other mode of acquiring Philippine citizenship is by Naturalization,

when a foreign individual, through judicial acts, adopting and clothing him
with the privileges of a native-born citizen.

Repatriation and naturalization are different but have similarities.

Repatriation is the recovery of original citizenship, while naturalization is
the process of someone who has acquired new citizenship in a different
country. According to the provisions of the law, citizenship may be
reacquired even though it has been lost. If what was lost was naturalized
citizenship, that is what will be reacquired. Natural-born citizenship will be
re-acquired if it was previously lost.

Definition of Natural-born and Naturalized Citizen.

According to Article IV, Section 2 of the Constitution, natural-born

citizens are those citizens of the Philippines from birth without having to
perform any act to acquire or perfect their citizenship. On the other hand,
naturalized citizens refer to those who were originally citizens of another
country but who, by an intervening act, have acquired new citizenship in a
different country. A natural-born citizen is born in the country they are a
citizen of and currently live in; a naturalized citizen is a citizen of a country
who is now living in another country.[13]

Three ways of Naturalization

1. Administrative Naturalization

Administrative Naturalization is open to those who were born in the

Philippines and who have resided here since birth. Any person desiring to
acquire Philippine citizenship through administrative naturalization shall file
with the Special Committee on Naturalization the necessary petition. The
said Special Committee on Naturalization is composed of the Solicitor
General as the Chairman, the Secretary of Foreign Affairs, or his
representative, and the National Security Adviser, as members. Who grants
naturalization in the Philippines? The Special Committee on Naturalization
(SCN) has jurisdiction over petitions for acquisition of Philippine
Citizenship by administrative proceedings in accordance with Republic Act
No. 9139 (RA No. 9139), otherwise known as "The Administrative
Naturalization Law of 2000."[12]

2. Judicial Naturalization

Petition for Judicial Naturalization, Judicial naturalization is governed

by Commonwealth Act 473, otherwise known as the “Revised Naturalization
Law” as amended. The judicial naturalization may be filed by a foreigner
applicant in the Regional Trial Court where he has resided for at least one
year before the filing of his petition.

3. Legislative Naturalization

Legislative naturalization is done through an act of Congress which is

composed of the House of the Representatives and the Senate of the
Philippines. In the case of legislative naturalization, Filipino citizenship may
be acquired by any interested foreigner who has made the said significant
contribution as mentioned above when a naturalization bill has been filed by
any member or the House of the Representatives or the Senate of the
Philippines.

Reacquisition of lost citizenship.

Citizenship may be reacquired, even though it is lost, according to the

provisions of the law. There are several ways of reacquiring citizenship. It
may be reacquired through naturalization, repatriation, or through direct act
of law. Repatriation is the recovery of original citizenship. If what was lost
was naturalized citizenship, that is what will be reacquired. If natural-born
citizenship was lost, then natural-born citizenship will be reacquired.
Technically, it is not acquiring citizenship as a person, but it is merely re-
taking what was once his. Reacquisition of Philippine citizenship does not
have an automatic effect. The fact that a former Filipino is elected does not
automatically restore Philippine citizenship, the possession of which is an
indispensable requirement for holding public office.

As what the Supreme Court has held in the case of Labo, Jr. v.
COMELEC: “Philippine citizenship is not a cheap commodity that can be
easily recovered after its renunciation. It may be restored only after the
returning renegade makes a formal act of re-dedication to the country he has
abjured, and he solemnly affirms once again his total and exclusive loyalty
to the Republic of the Philippines.”

Under the 1987 Philippine Constitution, Philippine citizenship may be

lost or reacquired in the manner provided by law. RA No. 9225, which is
known as the Citizenship Retention and Reacquisition Act of 2003, declares
that natural-born citizens of the Philippines, who have lost their Philippine
citizenship by reason of their naturalization as citizens of a foreign country,
can re-acquire or retain his Philippine citizenship under the conditions of the
law. The law does not provide for residency requirement for the
reacquisition or retention of Philippine citizenship; nor does it mention any
effect of such reacquisition or retention of Philippine citizenship on the
current residence of the concerned natural-born Filipino. treats citizenship
independently of residence. This is only logical and consistent with the
general intent of the law to allow for dual citizenship. Since a natural-born
Filipino may hold, at the same time, both Philippine and foreign
citizenships, he may establish residence either in the Philippines or in the
foreign country of which he is also a citizen.[11]

Given case:

Warlito a natural-born Filipino, took up permanent residence in the

United States. And eventually acquired American citizenship. 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 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.

b. With Warlito having regained Philippine citizenship, will Sherly also

become a Filipino citizen? If so, why? If not, what would be the speedy
procedure for Shirley to acquire Philippine citizenship?
c. Do the children, Johnny, Warlito Jr., and Luisa become Filipino
citizens with their father’s reacquisition of Philippine citizenship?

JURISPRUDENCE

It is apparent from the enumeration of who are citizens under the

present Constitution that there are only two classes of citizens: (1) those who
are natural-born and (2) those who are naturalized in accordance with law. A
citizen who is not a naturalized Filipino, did not have to undergo the process
of naturalization to obtain Philippine citizenship, necessarily is a natural-
born Filipino. Noteworthy is the absence in said enumeration of a separate
category for persons who, after losing Philippine citizenship, subsequently
reacquire it. The reason therefore is clear: as to such persons, they would
either be natural-born or naturalized depending on the reasons for the loss of
their citizenship and the mode prescribed by the applicable law for the
reacquisition thereof. As respondent Cruz was not required by law to go
through naturalization proceedings in order to reacquire his citizenship, he is
perforce a natural-born Filipino. [14]

In Mercado v. Manzano and COMELEC, GR No. 135083, May 26,

1999. In order that a citizenship may be lost through renunciation, such
renunciation must be expressed. The mere application or possession of an
Alien certificate of registration does not amount to renunciation. This
renunciation comes in a notarized document.

The declared policy of Republic Act No. (RA) 9225 is that "all
Philippine citizens who become citizens of another country shall be deemed
not to have lost their Philippine citizenship under the conditions of this Act.
“This policy pertains to the reacquisition of Philippine citizenship. Section
5(2)requires those who have re-acquired Philippine citizenship and who seek
elective public office, to renounce any and all foreign citizenship. This
requirement of renunciation of any and all foreign citizenship, when read
together with Section 40(d) of the Local Government Code which
disqualifies those with dual citizenship from running for any elective local
position, indicates a policy that anyone who seeks to run for public office
must be solely and exclusively a Filipino citizen. To allow a former Filipino
who reacquires Philippine citizenship to continue using a foreign passport
which indicates the recognition of a foreign state of the individual as its
national even after the Filipino has renounced his foreign citizenship, is to
allow a complete disregard of this policy.

Since repatriation is the reacquisition of lost citizenship and not

acquisition of new citizenship, one who is repatriated regains the level of his
former citizenship.

Renunciation or the relinquishment of one's citizenship requires a

voluntary act for it to produce any legal effect. This willingness to
disassociate from a political community is manifested by swearing to an
oath. If we were to consider the words in the Oath of Allegiance as
meaningless, the process laid out under the law to effect naturalization
would be irrelevant and useless. Thus, to give effect to the legal implications
of taking an Oath of Allegiance, we must honor the meaning of the words
which the person declaring the oath has sworn to freely, without mental
reservation or purpose of evasion. -Grace Poe v. COMELEC, G.R. No.
221697[9]

In Maquiling V. COMELEC, the Supreme Court reiterated that

natural-born citizens of the Philippines who have lost their citizenship by
reason of their naturalization as citizens of a foreign country may qualify to
run for public office upon taking the Oath of Allegiance and making a sworn
renunciation of their foreign citizenship.

Renunciation or the relinquishment of one's citizenship requires a

voluntary act for it to produce any legal effect. This willingness to
disassociate from a political community is manifested by swearing to an
oath. If we were to consider the words in the Oath of Allegiance as
meaningless, the process laid out under the law to effect naturalization
would be irrelevant and useless. Thus, to give effect to the legal implications
of taking an Oath of Allegiance, we must honor the meaning of the words
which the person declaring the oath has sworn to freely, without mental
reservation or purpose of evasion.

CONCLUSION

A. Warlito is a natural-born Filipino.

Section 2 of R.A. 9225 provides that all Philippine citizens of another

country shall be deemed not to have lost their Philippine citizenship.

Moreover, Article IV of the 1987 Philippine Constitution states that 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.

In Mercado V. Manzano and Comelec the Supreme Court pronounced that a

citizenship may be lost through renunciation, such renunciation must be
expressed and notarized.

In the case at bar, Warlito’s Philippine citizenship has never been lost
because he does not perform any act of renunciation. He just needs to
reacquire his Filipino citizenship by taking the oath of allegiance to the
Republic. Though Warlito acquired an American citizenship it does not mean
that his Filipino citizenship was forfeited. The constitution allows dual
citizenship, what it prohibits is dual allegiance.

Thus, Warlito is a natural-born Filipino.

B. No, when a Philippine natural-born citizen marries a foreign citizen, the

foreign spouse does not automatically acquire Philippine citizenship.
However, the foreign spouse can apply for Philippine citizenship through a
process called “naturalization through marriage” or through the “Citizenship
Retention and Reacquisition Act of 2003” under Republic Act 9225. Under
the naturalization through marriage process, the foreign spouse of a Filipino
citizen may apply for Philippine citizenship by meeting requirements set by
the Philippine law. These requirements usually include a period of residency
in the Philippines, knowledge of the Filipino language and history, good
moral character, and the ability to support oneself and contribute to the
country.

C. Yes, since Warlito already regained his Philippine citizenship, his children
were already deemed to be a Philippine citizen. Johnny, Warlito Jr. and Luisa
acquired their Philippine citizenship through Jus Sanguinis. Article IV
Section 1 of the 1987 Philippine Constitution enumerates those who are
citizens of the Philippines, one among this circumstance is when one whose
fathers or mothers are citizens of the Philippines.

Hence, Warlito’s children became a Philippine citizen when Warlito regained

his Philippine Citizenship.

Footnotes:

1. Article IV, Section 1 of 1987 Philippine Constitution

2. Article IV, Section 2 of 1987 Philippine Constitution
3. Roa vs. Collector of Customs, 23 Phil 332.
4. Palting vs. San Jose Petroleum Inc. Scra 936.
5. Britannica Dictionary, https://www.britannica.com/topic/citizenship
6. Sec. 3, Article IV, 1987 Philippine Constitution
7. Id,1 & 2
8. Herriott vs City of Seattle
9. Poe-Llamanzares V. Comelec G.R. No. 221697
10.MACQUILING, v. COMMISSION ON ELECTIONS, G.R. No.
195649 : July 2, 2013
11.RA 9225
12.RA 9139
13.Oxfordreference.com
14.Caballero v. Comelec, G.R. No. 209835. September 22, 2015