Loss and Re-acquisition of Philippine Citizenship | CITIZENSHIP

Loss and Re-acquisition of Philippine Citizenship

Under the 1987 Constitution and relevant Philippine laws, citizenship is a core concept in the legal framework. It defines the individual's membership in a political community, which comes with rights, privileges, and obligations. The issue of loss and re-acquisition of Philippine citizenship is governed primarily by domestic laws, such as the 1987 Philippine Constitution, Commonwealth Act No. 63, Republic Act No. 9225, and pertinent jurisprudence.

A. Loss of Philippine Citizenship

There are several ways by which a Filipino citizen may lose his or her Philippine citizenship:

1. Voluntary Methods (Commonwealth Act No. 63, as amended)

   Under Commonwealth Act No. 63, there are specific ways in which a Filipino citizen may lose their citizenship:

   a. By Naturalization in a Foreign Country
   A Filipino citizen who acquires foreign citizenship through naturalization, whether voluntary or by operation of law, automatically loses their Philippine citizenship.

   b. By Express Renunciation of Citizenship
   A Filipino may expressly renounce their citizenship through a formal and explicit declaration of renunciation, which must be made in a formal manner as required by law. This renunciation can be filed with Philippine embassies or consulates if made abroad.

   c. By Subscribing to an Oath of Allegiance to a Foreign Country
   A Filipino who takes an oath of allegiance to another state may lose their Philippine citizenship, except in cases allowed under Republic Act No. 9225 (Dual Citizenship Law).

   d. By Rendering Services to or Accepting Commission in the Armed Forces of a Foreign Country
   A Filipino citizen who voluntarily serves in the armed forces of another country may lose their Philippine citizenship. However, exceptions apply when the Philippines is in a state of war and the foreign country is allied with the Philippines.

   e. By Cancellation of the Certificate of Naturalization
   This applies to those who acquired Philippine citizenship through naturalization. If the naturalization is revoked or canceled, the individual loses Philippine citizenship.

   f. By Desertion to an Enemy Country
   A Filipino citizen who deserts the armed forces of the Philippines during wartime and takes refuge or aligns themselves with an enemy country may lose citizenship.

2. Involuntary Methods (Judicial Determination of Loss)

   Under certain circumstances, loss of Philippine citizenship may also occur involuntarily, as determined by judicial proceedings. For instance, the State may initiate actions against individuals suspected of fraudulent acquisition of citizenship, particularly in naturalization cases. Loss of citizenship can be declared through legal proceedings if fraud, misrepresentation, or disloyalty to the Republic is proven.

B. Re-acquisition of Philippine Citizenship

The re-acquisition of Philippine citizenship is made possible by Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003). The law provides a mechanism for natural-born Filipinos who have lost their Philippine citizenship through naturalization in a foreign country to re-acquire it.

1. Republic Act No. 9225: The Citizenship Retention and Re-acquisition Act of 2003

   RA 9225 is the primary law governing the re-acquisition of Philippine citizenship for natural-born Filipinos. The law allows Filipinos who have become naturalized citizens of other countries to retain or re-acquire their Philippine citizenship, subject to certain conditions:

   a. Eligibility under RA 9225

   • Only natural-born citizens of the Philippines who have become citizens of another country may avail themselves of re-acquisition.
   • The law does not apply to naturalized Filipinos who have lost their citizenship, as RA 9225 covers only natural-born Filipinos.

   b. Procedure for Re-acquisition

   • A natural-born Filipino who lost their citizenship through naturalization in a foreign country may file a petition for re-acquisition of Philippine citizenship.
   • The applicant is required to take an Oath of Allegiance to the Republic of the Philippines before a Philippine consular officer or government official authorized to administer the oath.
   • Once the oath is taken, the person re-acquires Philippine citizenship. Dual citizenship is recognized under this law, and the individual can enjoy full rights as a Filipino citizen.

   c. Effects of Re-acquisition

   • Re-acquisition of Philippine citizenship restores the individual’s full civil and political rights. These include the right to vote in Philippine elections, own property in the Philippines, and engage in business.
   • A Filipino citizen who re-acquires citizenship under RA 9225 may also run for public office, provided they meet the residency and other qualifications imposed by law (e.g., for Senators, the Constitution requires two years of residency in the Philippines immediately prior to the election).
   • Additionally, re-acquiring Philippine citizenship does not require the renunciation of foreign citizenship unless required by the foreign country involved.

2. Retention of Philippine Citizenship RA 9225 also allows natural-born Filipinos who are in the process of becoming citizens of another country to retain their Philippine citizenship by taking an oath of allegiance to the Philippines before they complete the naturalization process abroad.

3. Non-Applicability to Naturalized Filipinos

   • RA 9225 does not apply to naturalized Filipino citizens who lost their citizenship by renouncing it or by cancellation of their naturalization. If they wish to regain citizenship, they must follow the normal processes of naturalization under Philippine laws.

C. Dual Citizenship and Its Implications

RA 9225 recognizes the concept of dual citizenship, meaning a person may be a citizen of both the Philippines and a foreign country simultaneously, provided that the foreign country also allows dual citizenship.

1. Rights of Dual Citizens

   • Dual citizens enjoy the same rights as other Filipino citizens, including the right to vote, hold public office, own land, and enjoy other civil and political rights.
   • They are also required to abide by Philippine laws when residing or conducting business in the Philippines.

2. Obligations of Dual Citizens

   • Filipino dual citizens are required to pay taxes to the Philippine government, especially for income derived from within the Philippines. They may also be subject to the laws of both countries where they hold citizenship.

3. Limitations

   • Some limitations apply to those with dual citizenship, particularly with respect to holding public office. A dual citizen may be required to renounce their foreign citizenship or prove compliance with residency requirements if running for public office in the Philippines.

D. Key Jurisprudence on Loss and Re-acquisition of Philippine Citizenship

Philippine courts have consistently ruled on cases involving the loss and re-acquisition of citizenship. Some notable cases include:

1. Valles v. COMELEC (2000)

   • This case established that the reacquisition of Philippine citizenship through RA 9225 does not immediately restore one’s eligibility to run for public office, particularly for residency requirements. A naturalized foreign citizen must establish actual, physical residency in the Philippines to run for public office.

2. Mercado v. Manzano (1999)

   • The Supreme Court ruled that a dual citizen who is a natural-born Filipino is not disqualified from holding public office. The ruling clarified that dual citizenship is not a ground for disqualification, but dual citizens who run for office must renounce their foreign citizenship in accordance with the laws governing the position they seek.

3. Aznar v. COMELEC (2006)

   • In this case, the Court clarified that RA 9225 requires dual citizens who seek public office to file a certificate of candidacy and, within a reasonable period before assumption of office, renounce their foreign citizenship.

E. Conclusion

The laws governing the loss and re-acquisition of Philippine citizenship, particularly Commonwealth Act No. 63 and RA 9225, aim to protect the rights of natural-born Filipinos who, for various reasons, acquire foreign citizenship. The recognition of dual citizenship under RA 9225 balances the protection of Filipino identity while recognizing the realities of global migration. Individuals who lose their citizenship by any of the voluntary methods provided under Philippine law can easily re-acquire it, restoring their full rights as Filipino citizens.