Professional Documents
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Citizens A. Natural-Born B. Naturalized C. Duals 2. Aliens 3. Stateless Individuals
Citizens A. Natural-Born B. Naturalized C. Duals 2. Aliens 3. Stateless Individuals
Citizenship
Citizens
a. Natural-born(SC Justice, pres, vicepres, senator., cong.
b. Naturalized (Governor, mayor, ..
c. Duals
2. Aliens
3. Stateless individuals
1.
Cases:
a.
b.
c.
d.
a.
b.
c.
d.
Three Questions:
1. Who can elect? 3 requisites:
a. the child must be legitimate
b. the mother must be a Filipino and father is an alien
c. must be born before Jan. 17, 1973 and when the 1935 constitution
was in effect
1.
Victor cannot anymore elect (3 years old and 5 days already upon reaching age of
majority). Hence, he is not qualified to run.
Answer will be different since Victor is within reasonable time being only 19 years old at
the time. The right to elect is within that period. Hence, he can run.
to elect but failed to register the same. SOLGEN deported him for failure to
register in LCR. Held- SC made exception in of the fact that said person had lived
in the country for 50 years, voted for several elections, worked as government
official. EXEMPTION
THERE IS NO More IMPLIED ELECTION since the aforementioned!!!!!!!!!!!!!!!!
Citizenship (2)
1.
2.
3.
4.
5.
A. Judicial naturalization
1.
2.
3.
4.
5.
Re: Naturalization:
1. Not a right but a mere privilege ( doubts in the law shall be
strictly construed against the application) even if the applicant is a former Filipino in view of
the fact that it is merely a privilege.)
anytime.)
1994, No. 7 and 1998, No. 10: Lim tong Biao, a Chinese
citizen applied for and was granted Philippine citizenship
by the court. He took his oath as citizen of the
Philippines in July 1963. In 1975, the Office of the
SolGen filed a petition to cancel his Philippine citizenship
for the reason that in Aug. 1963, the Court of Tax
Appeals found him guilty of tax evasion for deliberately
understating his income taxes for the years 1959-61.
[Can Lim Tong Biaos Filipino citizenship be
cancelled?] (YES)
a.
b.
c.
d.
B. Adminstrative Naturalization
Ra No. 9139 Administrative Naturalization
Law of 2000 (requisites) BL
1. Born in the Philippines and residing
therein since birth
2. Not less than 18 years of age at the time
of filing
Special Committee on Naturalization
Just comply the requirements with SCN
C. Legislative naturalization
By direct act of Congress. Basis: those
who may be naturalized in accordance
with law. (may refer to General or Special Law)
Plenary power of Congress.
a.
b.
c.
d.
-Bengzon v. HRET (a natural born filipino (congressman) became a US Marines and acquired
US Citizenship and later repatriated and reacquired Filipino Citizenship and ran for congressman. Can
he still be considered a Natural born Citizen in view of 1st ParagrapH? Held- yes. Considered Natural
Born if you reacquired your citizenship by repatriation, you are restored to your former status.
Justice. His nomination was questioned on the ground that he is not a Natural Born as he only acquired his filipino citiazenship by virtue of the naturalization
of his parents? IS HE A NATURAL BORN? HELD- NO! BY VIRTUE OF KILOS BAYAN VS. ERMITA ruling. HE IS NOT NATURAL BORN AS HE
ACQUIRED WHEN HIS PARENTS WERE NATURALIZED. HENCE HE IS ALSO ONLY A NATURALIZED. CONFLICTING WITH PROVISION THAT
NATURAL BORN ARE THOSE WHO ARE CITIZENS OF PH FROM BIRTH WITHOUT HAVING PERFORMED ANY ACT TO ACQUIRE OR PERFECT
THEIR CITZENSHIP------ it satiisfies first line but not on second line
The PREVALING RULING:
ONG IS ONLY A NATURALIZED FILIPINO NOT NATURAL BORN FILIPINO (DERIVATIVE CITIZENSHIP)
a.
b.
c.
d.
a.
b.
c.
d.
2.
(apply only in an
Citizenship (3b)
Modes of Reacquisition (NDRO)
1. Naturalization
2. Direct Act of Congress
3. Repatriation (ADMIN PROCEEDINGS!)
4. By taking an oath of allegiance under RA
9225 (natural-born?]
Citizenship 4
1994, No. 8:
In 1989, Zeny Reyes married Ben Tulog, a
national of the state of Kongo. Under the laws of
Kongo, an alien woman marrying a Kongo national
automatically acquires a Kongo citizenship. After
her marriage, Zeny resided in Kongo and acquired
a Kongo passport. In 1991, Zeny returned to the
Philippines to run for governor of Sorsogon.
(1) Was Zeny qualified to run for Congressman?
Yes!!!!!!!!
For governor? Yes the same
a.
b.
c.
d.
a.
b.
c.
d.
A.
Distinction -
(beware)
Question:
Are persons with dual citizenship prohibited from
running for a local elective position?
Mercado v. Manzano, 307 SCRA 630 (1999)
Edu Manzano
Lopez mother was Filipino and her father was Australian she was with dual
citizenship. She ran and won for governor. She was questioned on the ground of
prohibition in the Local Government Code ? Held- PERSON WITH DUAL
CITIZENSHIP IS NOT PROHIBTED FROM RUNNING LOCAL ELECTIVE
POSITION. THE CONSTITUTION IS CONCERNED WITH DUAL ALLEGIANCE
AS PROHIBITED ONE PROVISIONS IN LOCAL GOVERNMENT CODE ON
DUAL CITIZENSHIP PROHIBITION MUST BE UNDERSTOOD TO BE DUAL
ALLEGIANCE.
MORESO, SC SAID THAT THE MERE ACT OF FILING A CERTIFICATE OF
CANDIDACY TERMINATES THE STATUS OF DUAL CITIZENSHIP. IT IS
DEEMED A RENOUNCIATION OF HIS ALIEN CITIZENSHIP.
Answer: No.
1. The phrase dual citizenship in RA 7160
should be understood as dual allegiance
2. The mere act of filing of Certificate of
Candidacy terminates status as a person with
dual citizenship
The validity of RA. 9225 was impugned on the ground that it contravenes the
provisions of the constitution stating dual citizenship as inimical to public
interest
Held: no! Lopez contention is wrong. Valles vs. comelec cannot be applied. He
must Make a personal and sworn renunciation of all foreign citizenship upon
filing (at the time of filing. His later renunciation cannot be given effect as it
must be made at the time of filing.
2009, IX
[b] With Warlito having regained Philippine
citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the most
speedy procedure for Shirley to acquire Philippine
citizenship? Explain. (3%)