Citizenship

Question 1

Who are citizens of the Philippines?

Answer 1

1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution. (Feb 2, 1987)
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law

Question 2

*Rosalind Lopez was born in 1934, in Australia to a Filipino-father, who was born in 1879, and an Australian-mother. When she came to the Philippines, she was holding an Australian passport and was registered as an alien in the BID. Is she a Filipino?

Answer 2

Yes. fathers OR mothers are citizens of the Philippines

Question 3

What is the effect of a mere holding of passport?

Answer 3

mere holding of an foreign passport does not mean renunciation of Philippine citizenship. In order to lose Philippine citizenship by renunciation, such renunciation must be express—the person renouncing must perform a positive act.

Question 4

For Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority, within how many years must they elect Philippine citizenship?

Answer 4

3 years (In re Ching)

Question 5

What could be the reason why an illegitimate child takes the citizenship of the mother?

Answer 5

For the protection and benefit of the child. It was to ensure the Filipino nationality for that child of an alien father in line with the assumption that the Filipino mother in custody will exercise parental authority over the child and had the duty to support such child.

Question 6

X is an illegitimate child of a filipino father and an alien mother. Is he a filipino?

Answer 6

Filipino. the 1935 Constitution states that “those whose fathers are citizens of the Philippines” acquire Philippine citizenship. Thus, it did not distinguish whether the child is legitimate or illegitimate.

Question 7

What are the Two kinds of Natural-Born Child?

Answer 7

1. Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
2. Those who elect Philippine citizenship in accordance with par (3), Sec. 1

Question 8

Cruz was an Original Natural Born Citizen, however he lost his Philippine citizenship when he rendered service in the US Armed Forces, but re-acquired it through repatriation under RA 2630. Is he a natural born?

Answer 8

Yes. Repatriation results in the recovery of the original nationality. Thus, a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino. On the other hand, if he was originally a natural-born citizen before he lost his citizenship, he will be restored to this former status as a natural-born Filipino.

Question 9

Does Repatriation affect the definition of the constitution which provides that Which defines as a natural born as citizens of the Philippines without having to perform any act that will perfect their citizenship

Answer 9

The Acts perform by Congressman Cruz is to REACQUIRE his citizenship and not to ACQUIRE or PERFECT his citizenship.

Question 10

What is the effect of marriage to foreigners?

Answer 10

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.”

Question 11

What are the modes in acquiring citizenship?

Answer 11

1. Birth

2. Naturalization

Question 12

What is Naturalization?

Answer 12

It signifies the act of formally adopting a foreigner into a political body of a nation, by clothing him or her the privileges of a citizen.

Question 13

What are the three ways in which an alien is naturalized?

Answer 13

Administrative Naturalization Pursuant to RA 9139, 2. Judicial Naturalization pursuant to CA 473 as amended, and 3. Legislative Naturalization in the form of a law enacted by congress

Question 14

Who are the aliens that can benefit from the administrative naturalization?

Answer 14

Only Native born aliens, who live in the Philippines all their lives, who never saw any other country and thought that they are Filipinos, who demonstrated love and loyalty to the Philippines, and affinity to the customs and tradition of the Filipinos.

Question 15

What are the ways to reacquire citizenship?

Answer 15

1. Naturalization
2. Repatriation
3. Direct act of Congress

Question 16

What is the Process for Repatriation?

Answer 16

1. Take oath of allegiance

2. Registration with the Civil Registry where one resides.

Question 17

What is Dual Allegiance?

Answer 17

A situation where a person simultaneously owes, BY SOME POSITIVE ACT, loyalty to 2 or more states.

Question 18

Is Dual Citizenship Prohibited?

Answer 18

Dual Allegiance is Prohibited, Not Dual Citizenship—what is prohibited by the Constitution is dual allegiance, not dual citizenship. 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 their naturalization. Hence, the phrase “dual citizenship” in RA 7160, Sec. 40 (d) must be understood as referring to “dual allegiance”. Hence, persons with mere dual citizenship do not fall under the disqualification.

Question 19

What is the rule under the dual citizenship law?

Answer 19

Natural-born Filipinos who lost their Philippine citizenship by naturalization as citizens of a foreign country shall re-acquire/retain their Philippine citizenship upon taking the Oath of Allegiance.

Question 20

Under the Dual Citizenship Law, When should an dual citizen renounce his foreign citizenship to run for public office?

Answer 20

at the time of the filing of the certificate of candidacy.

Question 21

Under the Dual Citizenship Law, When should an dual citizen renounce his foreign citizenship to be appointed?

Answer 21

prior to the assumption of office

Question 22

X was natural born and lost his citizenship after he was naturalized in the US. X was able to reacquire his citizenship pursuant to RA 9225. He ran for Mayor. Pursuance to RA 9225, he renounce such citizenship before the filing of his certificate of candidacy. However, he made several trips back and forth to the US using his American passport. Is there a valid renunciation?

Answer 22

No. It is a positive recantation of his renunciation. Therefore, his American citizenship remains. The acts of using a passport of the US is inconsistent with such a renunciation.