Dual Citizenship and Dual Allegiance

In addressing the concepts of Dual Citizenship and Dual Allegiance under Political Law and Public International Law as it applies to the Philippines, it’s essential to understand the constitutional, statutory, and jurisprudential framework that governs these two doctrines. Let's explore this thoroughly:


1. Constitutional Foundations

The 1987 Philippine Constitution provides the basic provisions on citizenship. Relevant to the discussion on dual citizenship and dual allegiance are the following sections from Article IV (Citizenship):

  • Section 1 enumerates who are considered citizens of the Philippines, including those who are citizens by birth (jus sanguinis) and those who are naturalized.
  • Section 5 explicitly provides that dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

The distinction between dual citizenship and dual allegiance is important here. Although both concepts involve a relationship with two sovereign states, they are treated differently under Philippine law.


2. Dual Citizenship

Definition and Application:

Dual citizenship refers to the status of a person being simultaneously a citizen of two different countries. This can occur as a result of:

  • Birth (jus sanguinis and jus soli): For example, a child born to Filipino parents in the Philippines but on U.S. soil may be both a Filipino citizen (by blood) and a U.S. citizen (by place of birth).
  • Naturalization: A Filipino who acquires the citizenship of another country (naturalization), without losing Filipino citizenship, may become a dual citizen.

Legal Framework:

  • Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003): This law allows natural-born Filipinos who have become naturalized citizens of a foreign country to retain or reacquire their Philippine citizenship.

    Key Provisions of RA 9225:

    • A natural-born Filipino who became a naturalized citizen of another country is deemed not to have lost Philippine citizenship.
    • Filipino citizens who have lost their citizenship through naturalization abroad may reacquire Philippine citizenship by taking an oath of allegiance to the Philippines.
    • Upon reacquisition of Philippine citizenship, a person enjoys full civil, political, and economic rights. These rights include voting and holding public office, provided the person renounces any foreign citizenship if they wish to hold specific government positions.

Relevant Jurisprudence:

  • Aznar v. Comelec (G.R. No. 83869, 1990): The Supreme Court clarified that dual citizenship is different from dual allegiance. Dual citizenship is a result of conflicting nationality laws and is involuntary on the part of the individual.
  • Mercado v. Manzano (G.R. No. 135083, 1999): In this case, the Supreme Court explained that dual citizenship, as a result of birth or circumstance, is not the same as dual allegiance. The latter involves a conscious choice to serve two states and is a more significant issue in national security and public service.

3. Dual Allegiance

Definition and Application:

Dual allegiance refers to a situation where a person, particularly someone in public service, owes loyalty to two sovereign states, which may present a conflict of interest. This is a deliberate act by the individual and is considered inimical to national interest, as provided in Section 5, Article IV of the Constitution.

While the Constitution identifies dual allegiance as detrimental, it does not automatically strip an individual of Filipino citizenship for having dual allegiance. Instead, it leaves it up to legislation to address and penalize acts involving dual allegiance.

Legislative Action and Gaps:

  • Section 5, Article IV of the Constitution requires the government to enact laws addressing dual allegiance. However, as of now, no specific law comprehensively penalizes or provides clear guidance on dual allegiance. Legislative bills have been proposed, but none have been enacted into law.

  • National Security Concern: The issue of dual allegiance is particularly important for public officials. Public servants holding dual allegiance can be seen as having divided loyalties, particularly in sensitive areas such as defense, foreign policy, and national security.

    Key Public Policy: For example, under RA 9225, if a natural-born Filipino who re-acquires citizenship wants to hold certain government offices (such as President, Vice-President, members of Congress, etc.), they are required to renounce their foreign citizenship explicitly.


4. Practical Implications and Restrictions

For Dual Citizens:

Dual citizens who reacquire or retain their Philippine citizenship through RA 9225 have full civil and political rights, such as:

  • Right to Vote: A dual citizen can vote in Philippine elections.
  • Right to Own Property: Under Philippine law, only Filipino citizens can own land. Dual citizenship thus allows previously naturalized individuals to regain this right.
  • Public Office Restrictions: However, those who hold dual citizenship must renounce foreign allegiance if they seek to hold public office. Positions requiring exclusive allegiance to the Philippines include high-level government positions like the Presidency, Vice Presidency, and Congress.

For Dual Allegiance:

  • The law seeks to prevent situations where individuals serve two masters, especially in public office or positions of trust.
  • Renunciation Requirement: One must explicitly renounce foreign allegiance if they aim to run for or occupy high government offices. The assumption is that the individual's primary loyalty should be to the Philippines.

Conflict in Laws:

  • International conflicts arise in cases where both the Philippines and another state lay claim to a person’s loyalty. In practice, international law recognizes the sovereignty of states to determine citizenship rules. Therefore, the application of Philippine laws on citizenship is generally limited to its jurisdiction unless otherwise recognized in treaties or international agreements.

5. Concluding Notes

  • Dual Citizenship is permissible under Philippine law (as long as it arises involuntarily through birth or through the provisions of RA 9225). Dual citizenship status does not automatically imply divided allegiance.
  • Dual Allegiance is prohibited by the Constitution and seen as against the national interest, particularly for public officials. The law, however, has yet to provide specific penalties or mechanisms for dealing with dual allegiance, except in some areas, such as the requirement for renunciation of foreign citizenship for public office.
  • The distinction between dual citizenship and dual allegiance is crucial: dual citizenship can be involuntary and legal, whereas dual allegiance is seen as a matter of divided loyalty and is constitutionally discouraged.

The legislative and jurisprudential developments related to dual citizenship and dual allegiance in the Philippines reflect a balance between respecting the rights of Filipinos who may acquire other nationalities and ensuring national loyalty and security remain paramount.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.