Citizenship

ILLUSTRATED WEEKLY NEWSPAPER

Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

PHILIPPINE CITIZENSHIP
“Philippine Citizenship is a gift jealous and possessive mother
that must be deserved to be demanding total love and loyalty
retained. The Philippines, for all from her children.”
her modest resources compared
to those of other statues, is a -Justice Isagani Cruz
1
INTRODUCTION
It is the personal and more or
less permanent membership in a polit
ical community. It denotes possession
of full civil and political rights subject
to special qualifications. Also it impo
ses the duty of allegiance to the politi
cal community.
The citizen enjoys certain exclu
sive rights; the right to vote, to run fo
r public office, right to petition the go
vernment for redress, to exploit natura
l resources, to operate public utilities,
to administer educational institutions
and to manage mass media. However
, all constitutional offices, by special
fiat, are now open only to natural-bo
rn citizens.
The acquisition
of citizenship is common-
ly done through birth; the
principle of jus sunguinis
which is based on blood
relations, and jus solis
which is based on the
place of birth. Naturaliza-
tion or the legal act of adapting an alien is
also a method to acquire citizenship. Amo
ng these methods the Philippines, the prin
ciple of jus sunguinis is the acknowledge
d fundamental rule.
2 CITIZENS OF THE PHILIPPINES:

This is embodied in Article IV, Section 1 of the pre

sent Constitution, as herein stated:

(1) Those who are citizens of the Philippin

es at the time of the adoption of
this Constitution.
(2) Those whose fathers and mothers are ci
tizens of the Philippines.
(3) Those born before January 17, 1973 of
Filipino mothers, who elect
Philippine citizenship upon attaining th
e age of majority.
(4) Those who are naturalized in accordan
ce with law.
 3
CITIZENSHIP UNDER:
A) 1935 Constitution stated in
Article VI, Section 1
Section 1. The following are citizens of the P
hilippines
(1) Those who were citizens of the Philippine Islands
at the time of the adoption of the Commonwealth Con
stitution on November 15, 1935;
(2) Those born in the Philippine Islands of foreign pa
rents who, prior to the adoption of the Commonwealt
h Constitution, had been elected to public office in th
e Philippine Islands;
(3) Those whose fathers were citizens of the Philippin
es;
(4) Those whose mothers were citizens of the Philippi
nes and, upon attaining majority age, elected Philippi
ne citizenship; and
(5) Those who were naturalized in accordance with la
w.
B) 1973 Constitution stated in
Article III, Section 1
This referred to those citizens under the 19
35 Constitution
Section 1. The following are citizens of the P
hilippines:
(1) Those who are citizens at the time of the
adoption of this Constitution.
(2) Those whose fathers and mothers are citizens of
the Philippines.
(3) Those who elect Philippine citizenship pursuant t
o the provisions of the Constitution of nineteen hun
dred and thirty-five.
(4) Those who are naturalized in accordance with th
e law.
CHILDREN OF
FILIPINO CITIZENS:
A) 1935 Constitution

• Jus sunguinis is the absolute rule for citize

nship

• Only children born to Filipino Fathers whe

ther abroad or in the Philippines were gra
nted natural citizenship

EXCEPTION: Children born out of wedlock,

he acquires the citizenship of the only legally k
nown parent, the mother.
B) 1973 Constitution
•Jus sunguinis was the basic foundation of citizenship and exp
anded its application by placing Filipino Women on the same le
vel as the male in matters of citizenship.

•Those whose matters are citizens of the Philippines even if the

father is an alien, are Filipino citizens

•It is essential that the mother must be a Filipina at the time o

f the birth of the child.

•This is not retroactive, it only applies to those born of a Filipi

no mother on or after the effectivity of the 1973 Constitution or
noon of January 17, 1973. An example of which, a child born i
n 1970, to an alien father and Filipino mother is still considered
a foreigner, following his father's citizenship. But if his birth oc
curred to the same parents on or after January 17, 1973, when t
he 1973 Constitution was ratified, he will be considered a citize
n of the Philippines by the virtue of his mother's citizenship.
 ELECTION OF PHILIPPINE CITIZENSHIP

There are two questions to be considered:

a) What is the scope of the right of election given by the 1935

Constitution?

b) What is the relation between the right of election given by t

he 1973 and 1987 Constitution and the right to election given
by the 1935 Constitution?
A) 1935 Constitution

Article IV, Section 1 "," is supplement

ed by Commonwealth Act No. 625 whi
ch proscribes the procedure in makin
g the election.
Section 1 provides that the election must be
a) expressed in a sworn statement
b) done before any authorized officer to ad
minister oath
c) filed with the nearest civil registrar
d) accompanied by an oath of allegiance to
the Philippines.
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

The question which arises with regards to this matter is when

must the mother be a citizen of the Philippines?

It is sufficient that a mother be a Filipino citizen,

either by birth or by naturalization, at the time of her
marriage with an alien. As to the child, upon
reaching the age of majority he or she is given a
reasonable period of three years to make the
election or otherwise the right to such is lost.
EXCEPTIONS:

a) The person concerned has always c
onsidered himself a Filipino citizen.
b) As explained in Co vs HRET wher
ein Jose Co, a born Chinese national,
married a Filipina in 1932. In 1955, w
hen their son Jose, Jr. was nine years o
ld, Jose Sr. was naturalized and took h
is oath of allegiance. In 1987, Jose Jr.
was elected to the House of Represent
atives. When his citizenship qualificat
ion was challenged on the ground that
he had never elected Philippine citizen
ship, the Court said that it would be ri
d
iculous to require him to elect citiz
enship when, by naturalization of h
is father, he too became a Filipino c
itizen even while still a minor.
c) The court also, in the case of Ma
llare, recognized participation in th
e election process on the belief that
one was a citizen, is a valid inform
al election of citizenship.
B) 1973 Constitution
• A child born under the 197
3 Constitution of a Filipino
Mother would not have to
make the election in order
to acquire Philippine
Citizenship.
•The right of election is in
nature of a transitory
provision whose
usefullness will expire once
all those who acquired the
right to elect under the
1935 Constitution have
either elected or forfeited
their right to elect
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

Naturalization
•Process by which a foreigner acquires,
voluntarily or by operation of law, the
citizenship of another state.

•Maybe direct or derivative

Direct Naturalization is effected:
a. by individual proceedings ,
usually judicial, under general
naturalization laws;
b. by special act of the
legislature often in favor of
distinguished foreigners who
have rendered some notable
service to the local state;
c. by collective change of
nationality (naturalization en
masse) as a result of cession
or subjugation;
d. by adoption of orphan
minors as nationals of the
State where they are born.
 Derivative Naturalization is conferred:

a. on the wife of the naturalized husband;

b. on the minor children of the naturalized parent;

c. on the alien woman upon marriage to a national.

- usually made subject to stringent restrictions and
conditions Commodo et ligula
aliquet nec, vulputate egetdolor. Aenean
eget, arcu. Etiam massa. Cum sociis
Lorem ipsum aliquet nec, vulputate Dolor sit amet, ultricies nisi vel augue. natoque penatibus et
eget, arcu. Etiam Curabitur ullamcorper magnis dis parturient
dolor sit amet, consectetuer ultricies nisi. Nam eget montes, nascetur
ultricies nisi vel augue.
consectetuer Curabitur ullamcorper adipiscing elit. dui. Etiam rhoncus. ridiculus mus. Donec
ultricies nisi. Nam eget Aenean commodo ligula Donec vitae sapien ut quam felis, ultricies nec,
adipiscing elit. dui. Etiam rhoncus. eget dolor. Aenean libero venenatis pellentesque eu, pretium
Aenean commodo ligula Donec vitae sapien ut massa. Cum sociis faucibus. Nullam quis quis, sem. Nulla
eget dolor. Aenean massa. libero venenatis natoque penatibus et ante. Sed fringilla consequat massa quis
Cum sociis natoque faucibus. Nullam quis magnis dis parturient mauris sit amet nibh. enim. Donec pede justo,
ante. montes, Donec sodales sagittis
 Specific Qualifications:
1. He must be not less than eighteen years of age
on the date of the hearing of the petition;
2. He must have resided in the Philippines for a
continuous period of not less than ten years;
3. He must be of good moral character and believe
in the principles underlying the Philippine
Constitution and must have conducted himself in a
proper manner during the entire period of his
residence in the Philippines in relation with the
constituted government as well as the community
in which he is living;
4. He must own real estate in the Philippines
worth not less than five thousand pesos,
Philippine currency or must have some known
lucrative trade, profession or lawful occupation;
5. He must be able to speak and write English or
Spanish and any of the principal Philippine
languages;
6. He must have enrolled his minor children of
school age in any of the public schools or private
schools recognized by the Office of Private
Education in the Philippines where Philippine
history, government and civics are taught or
prescribed as part of the school curriculum during
the entire period of the residence in the Philippines
required of him prior to the hearing of his petition
for naturalization
*The qualifications of an applicant must be
possessed by him at the time he applies for
naturalization and not subsequently.
Continuation . . .

The ten-year residence requirement is reduced to five years when the applicant possesses the
following special qualifications:

1. Having honorably held office under the Government of the Philippines or under that of any of
the provinces, cities, municipalities or political subdivisions thereof;

2. Having established a new industry or introduces a useful invention in the Philippines;

3. Being married to a Filipino woman;

4. Having been engaged as a teacher in the Philippines in a public or in a recognized private

school not established for the exclusive instruction of children of persons of a particular
nationality or race, in any of the branches of education or industry for a period of not less than
two years;

5. Having been born in the Philippines.

The following are disqualified from naturalization:

1. Persons opposed to organized government or affiliated with any association or group of persons who uphold
and teach doctrines opposing all organized governments;

2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the
success and predominance of their ideas;
3. Polygamists or believers in the practice of polygamy;

4. Persons convicted of crimes involving moral turpitude;

5. Persons suffering from mental alienation or incurable contagious disease;

6. Persons who, during the period of their residence in the Philippines, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the
Filipinos;

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 or subject thereof.
Procedure:

1. At least one year before he files his

petition for naturalization, the applicant
shall file with the Office of the Solicitor
General a declaration of his intention to
be a citizen of the Philippines. (This is
to enable the government to make initial
investigations into his circumstances to
determine his fitness for Philippine
citizenship and to test his sincerity.)
Continuation . . .

2. Filing of the petition for naturalization with the regional

trial court of the province or city where petitioner has
resided for at least one year. The petition must state among
other data the name or names of the petitioner, his various
places of residence in the Philippines, the date of his arrival,
his occupation, his date and place of birth, the names and
personal circumstances of his wife and children.
Continuation . . .

3. Upon receipt of the petition, the clerk of the court shall

have the duty of publishing the same in the Official Gazette
an in one newspaper of general circulation in the province or
city once a week for three consecutive weeks and to post
notices thereof and of the hearing. This requirement is
jurisdictional and non – observance thereof will render all
the proceedings null and void, as reiterated in the case of
Republic vs. De la Rosa.
 Republic vs De la Rosa
The respondent, having opted to reacquire
Philippine citizenship thru naturalization under
the Revised Naturalization Law, is duty bound to
follow the procedure prescribed by the said law. It
is not for an applicant to decide for himself and to
select the requirements which he believes, even
sincerely, are applicable to his case and discard
those which he believes are inconvenient or
merely of nuisance value. The law does not
distinguish between an applicant who was
formerly a Filipino citizen and one who was never
such a citizen. It does not provide a special
procedure for the reacquisition of Philippine
citizenship by former Filipino citizens akin to the
repatriation of a woman who had lost her
Philippine citizenship by reason of her marriage to
an alien.
… Respondent claims that the re-scheduling of
the hearing of the petition to an earlier date, is
permissible provided that there was substantial
compliance with the law and that the public was
well-informed of his petition for naturalization
due to the publicity given by the media.
Anent the issue of the mandatory two-year waiting
period prior to the taking of the oath of allegiance,
private respondent theorizes that the rationale of
the law imposing the waiting period is to grant the
public an opportunity to investigate the
background of the applicant and to oppose the
grant of Philippine citizenship if there is basis to
do so. In his case, private respondent alleges that
such requirement may be dispensed with, claiming
that his life, both private and public, was well-
known. Private respondent cites his achievement
as a freedom fighter and a former Governor of the
Province of Sorsogon for six terms.
Publication of the petition for naturalization is a
condition sine qua non for the approval of the
petition. Hence the trial court never acquired
jurisdiction to hear the petition for naturalization
of private respondent. The proceedings conducted,
the decision rendered and the oath of allegiance
taken therein, are null and void for failure to
comply with the publication and posting
requirements under the Revised Naturalization
Law.
 Continuation . . .
4. At least six months after the last publication, but in
no case within thirty days before any election, the
hearing shall begin, at which the petitioner shall
establish all the allegations of his petition, to be
corroborated by at least two credible witnesses. The
Republic of the Philippines shall be represented by
the Solicitor General or his authorized representative,
who may be the provincial or city prosecutor.
If the petitioner is able to prove that he
has all the qualifications and none of the
disqualifications for naturalization, his petition shall
be granted and the decision shall become final after
thirty days from notice. However it shall become
executory only after the period of two years
during which the petitioner shall continue to be
under probation, as it were, so the government
can doubly sure he is entitled to be naturalized
as a citizen of the Philippines.
After the probation period, the
petitioner may apply for administration of the
oath of citizenship in accordance with the
decision approving his petition for
naturalization. The court shall grant this motion
provided it is established that the petitioner has
not left the Philippines, has devoted himself to a
lawful calling, has not been convicted of any
violation of the law and has not committed any
act in contravention of any government
announced policy. By virtue of the
administration of the oath of citizenship, the
petitioner shall embrace Philippine citizenship
and renounce allegiance to any foreign State.
Effects:

Naturalization shall confer upon the

petitioner all the rights of a
Philippine citizen except only those
reserved by the constitution to
natural – born citizens of the
Philippines. It shall also vest
Philippine citizenship upon the wife
if she might herself be lawfully
naturalized. His minor children
born in the Philippines shall also be
considered citizens of the
Philippines.
Revocation
A person may be
denaturalized on petition of the
Solicitor General on the ground that
his certificate of naturalization was
obtained fraudulently; that he
established his permanent residence
abroad within five years after his
naturalization; that the petition was
based on an invalid declaration of
intention;
that his minor children failed to
comply with the educational
requirements through his fault or
neglect; or that he allowed himself to
be used as a dummy in violation of
our naturalization laws.
Revocation on grounds
affecting the intrinsic validity of the
proceedings shall divest the wife and
children of their derivative
naturalization. But if the ground was
personal to the denaturalized Filipino,
his wife and children shall retain their
Philippine citizenship.
 YU vs Defevsor-Santiago
XX Portuguese passport – Yu’s
act of applying for a Portuguese
passport despite his
naturalization as a Philippine
citizen and his act of declaring
his nationality as Portuguese in
commercial documents,
constitute an EXPRESS
renunciation of his Philippine
citizenship acquired through
naturalization; Petitioner, with
full knowledge, and legal
capacity, after having renounced
Portuguese citizenship upon
naturalization as a Philippine
citizen resumed or
reacquired his prior status as a
Portuguese citizen, applied for a
renewal of his Portuguese passport
and represented himself as such in
official documents even after he had
become a naturalized Philippine
citizen. Such resumption or
reacquisition of Portuguese
citizenship is grossly inconsistent
with his maintenance of Philippine
citizenship. Philippine citizenship is
not a commodity or ware to be
displayed when required and
suppressed when convenient.)
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

MIXED MARRIAGES:
A) 1935 Constitution:

Commonwealth Act No. 63, Section Commonwealth Act No. 473,

1 (7) Section 15

“Any woman who is now or may

A Filipino woman “lost her
hereafter be married to a citizen of
Philippine citizenship upon her
the Philippines, and who might
marriage to a foreigner if by virtue of
herself be lawfully naturalized, shall
the laws in force in her husband’s
be deemed a citizen of the
country, she acquires his
Philippines.”
nationality.”
 Continuation . . .

B) 1973 Constitution C) 1987 Constitution

This now repealed CA No. 63, Sec 1
(7), which its present provision reads:
“A female citizen in the Philippines
who marries an alien shall retain her
Philippine citizenship, unless by her
act or omission she is deemed, under
the law, to have renounced her
citizenship.”
It provides no reference to sex thus
making the rule applicable to both
males and females on the chance that
some country might have a law
which divests a foreign husband of
his citizenship.

* This has a prospective effect and does not serve to

restore citizenship already lost by marriage under
the old law.
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

NATURAL – BORN CITIZENS

Article IV 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.
 LIBERAL
Under the 1935 Constitution... VIEW ----
anchored on the
argument that
 it was NEVER definitively settled whether a the election
child of a Filipino mother who elected retroacts to the
moment of birth
Philippine citizenship upon reaching since it was birth
majority was a natural-born Filipino. which gave the
child the
potential to
 Strict view, which defined a natural-born make the
Filipino in the tenor of the first sentence of election. This
view was
Section 2, held that he was NOT. A liberal followed by the
view, however, held that he was. 1971
Constitutional
Convention when
it acted as judge
The ADDITION of the second sentence definitively of the
settled the issue. citizenship
Purpose: to equalize the status of those qualification of
Delegate Ernesto
born of Filipina parents before January 17, 1973. Ong.
Application...
 Would the second sentence of Section 2 APPLY only to
those who elect citizenship AFTER the effectivity of the
1987 Constitution?
•according to Commissioner Bernas, it would apply to
anybody who elected Philippine citizenship by virtue of the
proviso of the 1935 Constitution, whether the election was
done before or after January 17, 1973.

 If a natural-born Filipino citizen loses his citizenship

by renunciation or by any other mode recognized by
law, would he still be considered natural-born if he
subsequently reacquires citizenship?
*whether under 1973 or 1987 provision, such person would
NOT be a natural-born Filipino citizen.
Natural-born vs Naturalized Citizens
Distinction between natural-born citizens and naturalized
citizens is SIGNIFICANT because the Constitution has
reserved certain constitutional offices for natural –
born citizens, and under Article XII, Section 8, ALLOWS
natural-born citizens who have lost their Philippine
citizenship to be transferees of private lands.

OTHER than for these purposes, however, the Supreme

Court has taken the position that the distinction is without
significance and “that a naturalized citizen is entitled to
similar treatment as a native-born citizen EXCEPT
where the Charter itself provides otherwise. If it were
not so, there would be an infringement of the equal
protection guarantee.”
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

Commonwealth Act No. 63

An Act Providing for

the Ways in which
Philippine Citizenship
may be Lost or Reacquired
 C.A No. 63
ILLUSTRATED WEEKLY NEWSPAPER
Est. 1869 Thursday, February 23, 2011 Price 6d

Ma. N
Marriage Naturalization
SECTION 7 SECTION 1

“In the case of a woman, “By naturalization in a

upon her marriage to a foreign country
foreigner
IF, by virtue of the law
in force in her husband's
country,
she acquires his nationality”
 Certificate of Naturalizaton (Cancelled)
C.A. No. 63 (5)
“By cancellation of the certificate of
naturalization”
Oath of Allegiance (Foreign Country)

C.A. No. 63 (5)

“By subscribing to an oath of allegiance
to support the constitution or laws of a foreign
country upon attaining eighteen years of age
or more”
PROVIDED, 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
 Renunciation (express)
C.A. No. 63 (2)
“By express renunciation of citizenship”

Deserter of the Philippines Armed Forces

C.A. No. 63 (6)

“By having been declared by competent
authority,
a deserted of the Philippine
army, navy or air corps
in time of war,
unless
subsequently a plenary
pardon or amnesty
has been granted”
 Service to or accepting commission
in the Armed Forces of a Foreign Country

C.A. No. 63 (4)

“By rendering services to, or accepting commission in,
the armed forces of a foreign country:
Provided,
That the rendering of service to,
or the acceptance of such commission in
the armed forces of a foreign country
and the taking of an oath of allegiance incident thereto
with the consent of the Republic of the Philippines
shall not divest a Filipino of his Philippine citizenship
if either of the following circumstances is present:
a) A-rmed forces in the Phil. iof foreign country
b) P- act of alliance with said foreign country
 C.A. No. 63 (4)a
“(a) The Republic of the Philippines has
a defensive and/or offensive pact of
alliance
with the said foreign country; or”
C.A. No. 63 (4)b
“(b) The said foreign country maintains
armed forces on
Philippine territory with the consent
of the Republic of the Philippines:
 C.A. No. 63 (4)b

Provided,
That the Filipino citizen concerned,
at the time of rendering said service,
or acceptance of said commission,
and taking the oath of allegiance
incident thereto,
states that he does so only in
connection
with his service to said foreign
country:
 C.A. No. 63 (4)b
That any Filipino citizen who is
rendering service to, or is commissioned in,
the armed forces of a foreign country
under any of the circumstances
mentioned in paragraph (a) or (b),
shall not be permitted to participate nor vote
in any election of the Republic of the Philippines
during the period of his service to, or commission in,
the armed forces of said foreign country.
Upon his discharge from the service of the said foreign
country, he shall be automatically entitled to
the full enjoyment of his civil and political rights
as a Filipino citizen;
Marriage
Naturalization

Certificate of Naturalization (Cancelled)

Oath of Allegiance
Renunciation
Deserter

Service or accepting Commission

*Armed Forces
*Pact of Alliance
 BY >> natural-born Filipino Citizen
From >> any one of:
1. Iberian countries
2. Friendly Democratic
Ibera-American countries

NOT result to LOSS Of

FORFEITURE Citizenship
Law of that country grants
the same privilege to its citizens
&
Such law has been agreed upon by treaty
By the Philippines and the foreign country
 CONGRESS (Direct Act of Congress)

REPATRIATION of deserters
of the Army, Navy, or Air Corps
Provided:
That a woman who has lost her citizenship by reason
Of marriage to an alien may be repatriated
In accordance with the provisions o this Act
After the termination of the marital status

Naturalization
Provided:
That the applicant possesses none
of the disqualifications prescribes for naturalization
 COMMONWEALTH ACT No. 473
Section 4. Who are disqualified. -
The following cannot be naturalized as Philippine
citizens:

a) Persons opposed to organized government or

affiliated with any association or group of persons
who uphold and teach doctrines opposing all
organized governments;

b)Persons defending or teaching the necessity or

propriety of violence, personal assault, or
assassination for the success and predominance of
their ideas;

c)Polygamists or believers in the practice of polygamy

d)Persons convicted of crimes involving moral

turpitude;
e) Persons suffering from mental alienation or
incurable contagious diseases

f) Persons who, during the period of their

residence in the Philippines, have not
mingled socially with the Filipinos, or who
have not evinced a sincere desire to learn
and embrace the customs, traditions, and
ideals of the Filipinos;

g) Citizens or subjects of nations with whom

the United States and the Philippines are at
war, during the period of such war;

h) Citizens or subjects of a foreign country

other than the United States 3whose laws do
not grant Filipinos the right to become
naturalized citizens or subjects thereof.
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

DUAL ALLEGIANCE
Article IV Section 5. Dual allegiance of
citizens is inimical to the national interest and
shall be dealt with by law.

----provision originated from the concern

expressed by a number of Commissioners,
notably Commissioners Concepcion and Ople,
about the impact of liberalized
naturalization procedures on the policy on
the exploitation of natural resources and on
national security.
DUAL ALLEGIANCE VS
DUAL CITTIZENSHIP
• Ople distinguished dual allegiance
from dual citizenship:
Dual allegiance “is larger and
more threatening than or mere
dual citizenship which is seldom
intentional and, perhaps, NEVER
insidious. [Dual citizenship] is often a
function of accident of marriage or
of birth to foreign soil.”
This formulation, however, merely
recognizes the problem and leaves
concrete ways of dealing with it to
Congress.
In Mercado vs Manzano
Supreme Court established the distinction between dual
INSERT YOUR HEADLINE
citizenship and dual allegiance HERE
A certainLorem ipsum filed a Indisqualification
Ernesto Mamaril libris graecis appetere
case
mea. At vim odio lorem
against vice-mayoralty candidate Manzano
In libris graecis appetere omnes, pri id oniuvaret
the ground
that he ismea.
not At vim odioof
a citizen lorem
the Philippines
partiendo. butVivendo
of themenandri
United
omnes, pri id iuvaret
States. Inpartiendo.
its resolution,
Vivendothe secondetdivision
menandri
sed. Lorem ofvolumus
the
blandit cu has.Sit cu alia
Commissionet sed.onLorem
Elections
volumus (COMELEC) granted the
porro fuisset.
blandit
petition of cu has.Sit
Mamaril andcuordered
alia the cancellation of the
porro fuisset. Ea pro natum invidunt
certificate of candidacy of Manzano on the ground
repudiandae, that he
his et facilisis
Ea pro natum invidunt vituperatoribus. Mei Code
eu
is a dual repudiandae,
citizen and,his under the Local
et facilisis
Government
ubique altera senserit,
and the Makati charter,Mei
vituperatoribus. persons
eu with dual citizenship are
consul eripuit accusata has
ubique
disqualified fromaltera senserit,for any ne.
running elective
Ignota position.
verterem teThenam,
consul eripuit accusata has eu cibo causae menandri
Commission found out that Manzano was born in 1955, of
ne. Ignota verterem te nam, vim. Sit rebum erant
a Filipinoeufather and amenandri
cibo causae Filipino mother, in San Francisco,
dolorem et, sed odio error
vim.inSitthe
California, rebum erantStates. Hence,
United he is ancorrumpit
ad.Vel molestie American
dolorem et, sed odio error
citizen, following the jus soli rule,deterruisset
ad.Vel molestie corrumpit
and at thead, mollis
same time, a
ceteros ad sea.
Filipino citizen
deterruissetfor ad,
being born of Filipino parents.
mollis
 In Mercado vs Manzano
• Manzano filed a motion for
reconsideration. Pending such
motion, the 1998 elections was held
and Manzano garnered the highest
number of votes for vice-mayor in
the city of Makati. His proclamation
was suspended, pending resolution of
the case. Petitioner Mercado, who
garnered the second highest number
of votes to Manzano, intervened in
the disqualification case. Without
resolving Manzano's motion, the
COMELEC en banc reversed the
ruling of the COMELEC second
division and declared Manzano
qualified to run for vice-mayor.
Hence, Mercado filed a petition for
certiorari to the Supreme Court
seeking to set aside the resolution of
the COMELEC en banc.
The Supreme Court denied the petition.
It held that the phrase "dual citizenship"
in RA 7160 (Local Government Code),
§40 (d), and in RA 7854 (Makati
Charter), §20, must be understood as
referring to "dual allegiance."
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. This conclusion of the
court is based on Section 5, Article IV of
the 1987 Constitution, which provides,
"Dual allegiance of citizens is inimical to
national interest and shall be dealt with
by law." The Supreme Court held that
under the said provision, the concern of
the Constitutional Commission was
not with dual citizens per se, but with
naturalized citizens who maintain
their allegiance to their countries of
origin even after naturalization.
 In Mercado vs Manzano
• ….for candidates with dual
citizenship, it should suffice if, upon
the filing
of their certificates
of candidacy, they elect
Philippine citizenship to
terminate their status as persons
with dual citizenship, considering
that their condition is the
unavoidable consequence
of conflicting laws of
different states.
This case seems to be the basis of our lawmakers
in enacting R.A. 9225.
…..according to the Court in
Manzano
DUAL
ALLEGIANCE refers to
the situation in which a person
simultaneously owes, by some
positive act, loyalty to two or
more states. It says that while dual
citizenship is involuntary, dual
allegiance is the result of an
individual's volition.
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

REPUBLIC ACT 9225

“An Act Making the Citizenship of
Philippine Citizens who Acquire
Foreign Citizenship Permanent,” a
Filipino who becomes a naturalized
citizen of another country is allowed
to retain his Filipino citizenship by
swearing to the supreme authority of the
Republic of the Philippines.
To wit:

Sec. 3. 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 impose this obligation upon myself voluntarily without mental
reservation or purpose of evasion.”

It is further provided that the unmarried the oath does not contain the standard
clause that the naturalized person
child, whether legitimate, illegitimate or renounces his allegiance to any other state,
adopted, below eighteen years of age” shall but that it is much assumed when he
also acquire derivative citizenship upon swears that he “will recognize and accept
taking of such oath by the parent the supreme authority of the
Philippines” even as against that of the
AFTER the effectivity of the law. other state where he has been naturalized.
(Section 4)
…the act of taking an oath of allegiance is an implicit renunciation of a
naturalized citizen’s foreign citizenship.
RA 9225
….does not apply to persons who become
citizens of a foreign land jure soli and also
the citizenship of their parents jure sanguinis.

example: a person born in the United States

to a Filipino father or mother, who would be an
American citizen by reason of the place AND a
citizen of the Philippines under our
Constitution.
 Dual citizenship is NOT A GROUND FOR DISQUALIFICATION from
running for elective position.

……like any other natural-born Filipino, it is ENOUGH for a person with

dual citizenship who seeks public office to file his certificate of candidacy
and swear to the Oath of Allegiance contained therein.

…………On the other hand, a person with dual allegiance who seeks
public office must (apart from meeting the qualifications under Philippine
law) swear to an Oath of Allegiance and execute a
Renunciation of Foreign Citizenship pursuant to R.A. 9225.
Commodo et ligula
aliquet nec, vulputate egetdolor. Aenean
eget, arcu. Etiam massa. Cum sociis
Lorem ipsum aliquet nec, vulputate Dolor sit amet, ultricies nisi vel augue. natoque penatibus et
eget, arcu. Etiam Curabitur ullamcorper magnis dis parturient
dolor sit amet, consectetuer ultricies nisi. Nam eget montes, nascetur
ultricies nisi vel augue.
consectetuer Curabitur ullamcorper adipiscing elit. dui. Etiam rhoncus. ridiculus mus. Donec
ultricies nisi. Nam eget Aenean commodo ligula Donec vitae sapien ut quam felis, ultricies nec,
adipiscing elit. dui. Etiam rhoncus. eget dolor. Aenean libero venenatis pellentesque eu, pretium
Aenean commodo ligula Donec vitae sapien ut massa. Cum sociis faucibus. Nullam quis quis, sem. Nulla
eget dolor. Aenean massa. libero venenatis natoque penatibus et ante. Sed fringilla consequat massa quis
Cum sociis natoque faucibus. Nullam quis magnis dis parturient mauris sit amet nibh. enim. Donec pede justo,
ante. montes, Donec sodales sagittis
Dual Citizens under Republic Act 9225
ADVANTAGES
can carry two passports and
essentially live, work, and travel freely
within their native and naturalized
countries
dual citizens under R.A. 9225 shall
enjoy full civil and political
rights of a Philippine citizen,
aside from the privileges they have as
citizens of other states, subject to
conditions under Section 5 thereof
can also own properties and
businesses in the country without the
restrictions accorded to a foreigner by
our existing laws and the Constitution
DISADVANTAGES
divided loyalty of the person
possessing two citizenships
by allowing dual citizenship, it is
possible for aliens to control the
mass media industry, thereby
influencing people’s social and
political views
conflict in rendering military
service; for instance, in cases of war,
on which militia will a dual citizen
serve?
 Republic Act 9225
ADVANTAGES
can fully participate in the
exploitation of our natural resources
without being subjected to the
40-60 percent arrangement in
case of foreigners
can manage and own a mass
media entity which was taken away
from them after becoming citizens of
other countries
 can operate public utilities
and administer educational
institutions like any other Filipino
DISADVANTAGES
doubt as to payment of taxes; it
could happen that the financial burden
of making available the country's
facilities and infrastructure to Filipino
foreigners will only be shouldered by
locally based Filipinos who
religiously pay their taxes. In effect,
Filipino-foreigners get a free ride at
the expense of other Filipinos
 dual citizenship could become a
vehicle for opportunism and
exploitation by unscrupulous
Filipino-foreigners.
 Citizenship
ILLUSTRATED WEEKLY NEWSPAPER
Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.

Est. 1869 Thursday, February 23, 2011 Price 6d

“The test of good citizenship is loyalty to country”

- Colby

Citizenship is the most crucial Citizenship is what makes a

right we have which gives you
great powers. This is the greatest
asset of a democracy. In a
democratic country, every citizen
is entitled to air his views freely,
write with freedom and exercise
his franchise. But he has his own
duty of contributing for the
nation in one way or other,
physically or emotionally.
republic. A country is made of its
citizens who are the pillars of the
nation, who are selfless and
ready to sacrifice for the nation.
It is a win-win situation for both
and it is hard to thrive without
citizenship. Citizenship is a kind
of gateway to your freedom and
thus, utilize it properly to make it
beneficial for all.