CITIZENSHIP

Citizenship under Political Law and Public International Law

I. Concept of Citizenship

Citizenship refers to the membership of an individual in a political community or state, granting them rights and imposing obligations in accordance with the laws of that state. It determines the individual's allegiance to a state and the state's recognition of that individual as a member of its community. A citizen enjoys full civil and political rights under the state's legal framework, unlike an alien or foreigner, who may have limited rights and obligations.

In the Philippine context, the rules on citizenship are primarily governed by the 1987 Constitution, domestic statutes, and principles of Public International Law.

II. Philippine Citizenship

A. Modes of Acquiring Citizenship

1. By Birth

   • Citizenship by birth is further categorized into:
     • Jus sanguinis (Right of blood) – Under Section 1, Article IV of the 1987 Philippine Constitution, citizenship follows the principle of jus sanguinis, meaning that the citizenship of the parents determines the citizenship of the child. This is the governing principle in the Philippines.
     • Jus soli (Right of the soil) – This principle grants citizenship based on the place of birth. However, this is not applicable in the Philippines.

   Under Section 1, Article IV of the Constitution, the following are considered Philippine citizens by birth:

   • Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution;
   • Those whose fathers or mothers are citizens of the Philippines;
   • Those born before January 17, 1973, of Filipino mothers, who elected Philippine citizenship upon reaching the age of majority (21 years old at the time); and
   • Those born in the Philippines of unknown parents who are presumed to be Filipino citizens.

2. By Naturalization

   • Naturalization is a legal act of adopting a foreigner and clothing them with the privileges of a native-born citizen. It is a process whereby a foreigner acquires Filipino citizenship through compliance with the Philippine Naturalization Law (Commonwealth Act No. 473).
   • Modes of naturalization in the Philippines include:
     • Judicial Naturalization – Through a court proceeding where an applicant demonstrates qualifications under Commonwealth Act No. 473.
     • Administrative Naturalization – Under Republic Act No. 9139, this is available for certain aliens born and residing in the Philippines.
     • Derivative Naturalization – When a parent or spouse becomes a Filipino citizen, certain family members may also acquire citizenship through derivative naturalization.

3. By Election

   • Under Section 1, Article IV of the 1987 Constitution, individuals born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority, can be considered Filipino citizens.

4. By Repatriation

   • Repatriation is a process available to individuals who were previously Filipino citizens but lost their citizenship through naturalization in a foreign country. They may reacquire their citizenship under Republic Act No. 8171 (for Filipino women who lost citizenship by marriage to foreigners and for children) or Republic Act No. 9225 (for natural-born Filipinos who lost citizenship by naturalization abroad).

B. Loss of Philippine Citizenship

1. By Voluntary Acts

   • Under Section 3, Article IV of the 1987 Constitution, a Filipino citizen may lose their citizenship by:
     • Naturalization in a foreign country, unless they avail of Republic Act No. 9225 (Dual Citizenship Law);
     • Express renunciation of Philippine citizenship before competent authorities;
     • Joining the armed forces of a foreign state without authorization from the Philippine government;
     • Service in a foreign government, when it amounts to an express renunciation of allegiance;
     • Desertion to an enemy country during war.

2. By Involuntary Acts

   • In some cases, loss of citizenship may occur by operation of law, such as when a minor child loses citizenship when both parents become naturalized citizens of another country, unless the child elects Philippine citizenship upon reaching the age of majority.

C. Reacquisition of Philippine Citizenship

• Under Republic Act No. 9225, natural-born Filipinos who have lost their citizenship through naturalization in a foreign country may reacquire Philippine citizenship. RA 9225 allows dual citizenship and allows reacquired citizens to fully enjoy civil and political rights in the Philippines, including the right to vote and hold public office.

• Dual allegiance is different from dual citizenship and is prohibited under Section 5, Article IV of the 1987 Constitution. Dual allegiance, often arising from actions such as pledging allegiance to another country or serving a foreign government, must be discouraged.

III. Public International Law on Citizenship

A. Concepts of Nationality and Citizenship in International Law

• In Public International Law, nationality is the legal bond between an individual and a state. The terms citizenship and nationality are often used interchangeably, though nationality emphasizes the international relationship between a state and an individual, while citizenship pertains to the rights and duties within a state's domestic legal framework.

B. International Human Rights on Nationality

• International law provides a broad framework for the right to nationality, ensuring that individuals are not rendered stateless. Some of the key international instruments include:

  • Universal Declaration of Human Rights (UDHR), particularly Article 15, which states that "everyone has the right to a nationality" and that "no one shall be arbitrarily deprived of his nationality."
  • 1954 Convention Relating to the Status of Stateless Persons and 1961 Convention on the Reduction of Statelessness emphasize the need for measures to prevent statelessness.

• These conventions recognize the duty of states to avoid arbitrarily depriving individuals of their nationality, thus preventing statelessness and ensuring every individual has the protection of a state.

C. Extradition and the Protection of Nationals Abroad

• Under international law, a state has the right and obligation to protect its citizens abroad through diplomatic protection. This principle is tied to the idea that states have jurisdiction over their citizens regardless of location.

• However, issues like extradition challenge this, where an individual may be transferred from one jurisdiction to another to face legal proceedings. Some states may refuse to extradite their own nationals, exercising the right of protection.

D. Dual or Multiple Nationalities in International Law

• Dual nationality arises when an individual holds the nationality of two or more states. International law recognizes the sovereignty of each state in determining its own citizenship laws, and thus allows for dual or multiple citizenships, depending on domestic legislation.

• In cases of dual nationality, international law generally holds that an individual’s dominant nationality governs their status in a particular country. This is the nationality most closely connected with the individual based on residence, allegiance, and activity.

E. Principles on the Loss and Deprivation of Nationality

• States have the authority to determine the conditions under which citizenship is lost or withdrawn, though international law imposes restrictions to avoid rendering individuals stateless or depriving them of nationality arbitrarily.

F. International Treaties and Agreements Affecting Citizenship

• States often enter into bilateral or multilateral treaties to address issues concerning dual nationality, statelessness, and the rights of nationals abroad. These agreements, such as mutual recognition of nationality, affect how citizenship is determined and managed on an international level.

IV. Judicial Decisions on Citizenship

1. Dual Citizenship Case (Aznar v. Commission on Elections)

   • This case clarified that dual citizens, under RA 9225, are allowed to run for public office as long as they renounce their foreign citizenship before assuming office.

2. Valles v. Commission on Elections

   • This case dealt with the eligibility of a person born of a Filipino mother and foreign father. The Court emphasized that individuals born to Filipino parents can elect Philippine citizenship upon reaching the age of majority.

3. Yap v. Commission on Elections

   • The Supreme Court ruled that failure to renounce foreign citizenship under RA 9225 disqualifies a dual citizen from holding public office.

V. Conclusion

Citizenship in both domestic and international contexts is a dynamic legal status influenced by constitutional provisions, statutes, and international agreements. The protection and regulation of citizenship are pivotal for ensuring individual rights and preventing statelessness, particularly in a globalized world where individuals often have ties to multiple states. Philippine law, grounded in the 1987 Constitution and further shaped by international norms, provides a clear framework for acquiring, retaining, and losing citizenship while emphasizing allegiance to the state.