CITIZENSHIP

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.

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.

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.

Republic Act (R.A.) No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003

CITIZENSHIP: LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP UNDER REPUBLIC ACT NO. 9225 (CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003)

Republic Act (R.A.) No. 9225, also known as the Citizenship Retention and Re-Acquisition Act of 2003, is a law passed to address the issue of dual citizenship for Filipinos who had become naturalized citizens of another country. The act provides a legal framework for Filipinos who lost their Philippine citizenship due to naturalization abroad to retain or re-acquire it without renouncing their foreign citizenship.

Background

Prior to R.A. 9225, Filipinos who became naturalized citizens of another country would lose their Philippine citizenship under Commonwealth Act No. 63. This created significant legal and social implications for former Filipinos who wished to return to the Philippines for various reasons, including resettlement, working, or retiring. The implementation of R.A. 9225 aims to restore their citizenship while allowing them to maintain the citizenship of another country, fostering ties between the Philippines and the Filipino diaspora.

Key Features of R.A. No. 9225

  1. Retention of Philippine Citizenship:

    • Who may retain Philippine citizenship: R.A. 9225 allows natural-born Filipinos who have become naturalized citizens of a foreign country to retain their Philippine citizenship.
    • A natural-born Filipino citizen is defined as someone who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. This includes individuals whose parents were Filipino citizens at the time of their birth.

  2. Re-acquisition of Philippine Citizenship:

    • Who may re-acquire Philippine citizenship: Those who lost their Philippine citizenship through naturalization in another country may re-acquire their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines.
    • Once the oath of allegiance is taken, the individual re-acquires all civil, political, and economic rights as a Filipino citizen, subject to certain limitations under Philippine law.

  3. Dual Citizenship:

    • R.A. 9225 effectively permits dual citizenship, meaning a Filipino may simultaneously hold citizenship in the Philippines and another country. The law is clear in stating that such individuals shall retain or re-acquire their Philippine citizenship without needing to renounce their foreign nationality.
    • This is especially beneficial for Filipinos who have migrated or work abroad, as it allows them to maintain ties to their home country while enjoying the benefits of citizenship in their country of naturalization.

  4. Requirements for Re-acquisition/Retention:

    • The primary requirement to re-acquire or retain Philippine citizenship is to take an oath of allegiance to the Republic of the Philippines.
    • The oath is administered by the Bureau of Immigration or a duly authorized representative in a Philippine consulate or embassy abroad.
    • Supporting documents include:
      • Proof of Philippine birth or natural-born status (such as a birth certificate from the Philippine Statistics Authority (PSA));
      • Proof of naturalization as a foreign citizen (e.g., a foreign passport or naturalization certificate);
      • Duly filled application forms and payment of the required fees.

  5. Rights and Privileges of Dual Citizens:

    • Civil and Political Rights: Upon re-acquisition or retention of citizenship, dual citizens regain the right to vote in Philippine elections, own property, engage in business, practice their profession, and run for public office (subject to specific residency and other constitutional qualifications).
    • Travel Documents: A re-acquired citizen has the right to obtain a Philippine passport in addition to their foreign passport. This allows for easier entry and exit into the Philippines without the need for visas or other travel restrictions applicable to foreign nationals.
    • Economic Rights: Dual citizens can engage in economic activities and own businesses in the Philippines, enjoying the same economic rights and opportunities as natural-born Filipinos.

  6. Limitations and Restrictions:

    • While R.A. 9225 provides dual citizens with civil, political, and economic rights, it imposes certain limitations:
      • Holding Public Office: A dual citizen cannot run for or hold any elective or appointive public office in the Philippines unless they renounce their foreign citizenship upon filing their certificate of candidacy or appointment acceptance. The 1987 Philippine Constitution mandates that public officials must be solely Filipino citizens to avoid conflicts of interest.
      • National Defense: The law includes provisions that safeguard national security, particularly in relation to national defense, where dual citizens are barred from serving in sensitive positions in the military or in government agencies concerned with national security unless they renounce their foreign citizenship.
      • Professions Subject to Citizenship Requirements: Certain professions, particularly those in law and medicine, require sole Filipino citizenship. In such cases, the dual citizen must comply with the applicable laws governing their profession.

Procedure for Re-Acquiring or Retaining Citizenship

  1. Application: The applicant must file a petition for the re-acquisition or retention of Philippine citizenship with the Philippine Bureau of Immigration or a Philippine consular post abroad.

  2. Oath of Allegiance: The key step in the process is the administration of the oath of allegiance to the Republic of the Philippines, affirming loyalty and adherence to its Constitution and laws.

    The oath reads:

    "I, [name of applicant], solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion."

  3. Issuance of Certificate: Upon successful completion of the process, a Certificate of Re-acquisition/Retention of Philippine Citizenship is issued to the applicant. This certificate serves as proof that the applicant has regained their Philippine citizenship.

  4. Registration: The applicant is then required to register their re-acquisition of citizenship with the Civil Registry and other pertinent Philippine government agencies (such as the Commission on Elections (COMELEC) for voting purposes).

Impact of R.A. 9225

R.A. 9225 has significantly impacted overseas Filipinos, allowing them to reconnect with their homeland while enjoying the benefits of dual citizenship. By enabling natural-born Filipinos to re-acquire their Philippine citizenship, the law fosters national unity and economic ties with the Filipino diaspora, encouraging their participation in Philippine civic life, business ventures, and property ownership.

It also resolves many practical difficulties faced by Filipinos who had lost their citizenship due to naturalization abroad, particularly concerning property ownership, voting rights, and travel.

Judicial Interpretation of R.A. 9225

Philippine courts have upheld the constitutionality and validity of R.A. 9225. Notably, the law ensures that those who re-acquire their citizenship are regarded as having continuously been Filipino citizens. The Supreme Court has also clarified the limits imposed on dual citizens, such as in cases involving eligibility to hold public office or participate in professions requiring sole Philippine citizenship.

In the landmark case of Maquiling v. COMELEC (G.R. No. 195649, 2013), the Supreme Court ruled that natural-born Filipinos who re-acquire their citizenship under R.A. 9225 do not lose their status as natural-born citizens, which has significant implications for individuals seeking elective office.

Conclusion

Republic Act No. 9225 provides a clear mechanism for Filipinos who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship. It promotes dual citizenship and enables Filipinos to benefit from the rights and privileges of both their Philippine and foreign citizenships, while still ensuring the protection of the country's national interests. Understanding the intricacies of R.A. 9225 is essential for Filipinos abroad who wish to maintain strong legal, economic, and social ties with the Philippines.

Natural Born and Naturalized Citizens

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

V. CITIZENSHIP

C. Natural-Born and Naturalized Citizens

Citizenship laws in the Philippines are mainly governed by the Constitution, specifically the 1987 Constitution, and various statutes. The distinction between natural-born and naturalized citizens is fundamental in determining the eligibility for certain rights, particularly in public office and ownership of certain properties. Let’s break down each concept meticulously:

1. Concept of Citizenship

Citizenship refers to the legal relationship between an individual and a state, which involves rights and obligations on both sides. The term implies membership in a political community, with the right to participate in public affairs, such as voting, and the obligation to contribute to the community, such as by paying taxes.

In the Philippines, citizenship is primarily governed by jus sanguinis (right of blood), where citizenship is determined by the nationality or citizenship of one's parents, rather than jus soli (right of soil), which bases citizenship on the place of birth.

2. Classification of Citizens in the Philippines

Citizenship in the Philippines is classified into two main categories:

  1. Natural-born citizens
  2. Naturalized citizens

2.1. Natural-born Citizens

Natural-born citizens are defined under Section 2, Article IV of the 1987 Constitution of the Philippines:

"Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship."

Key Points:

  • By birth: A person who is automatically considered a citizen at the time of birth without any affirmative action required to acquire citizenship. No legal processes, such as naturalization, need to be undertaken to obtain citizenship.

  • Jus sanguinis (by blood): The Philippines follows this principle. If either parent is a Filipino citizen at the time of the person’s birth, the person is automatically considered a natural-born citizen.

Examples of Natural-Born Citizens:

  1. Children born to Filipino parents: Even if the child is born abroad, as long as one or both parents are Filipino citizens at the time of birth, the child is a natural-born Filipino citizen.

  2. Children born to parents who reacquired citizenship under RA 9225 (Dual Citizenship Law): Persons who lost their Philippine citizenship by naturalization in another country but later reacquired it under RA 9225 are considered natural-born citizens upon reacquisition of their citizenship.

  3. Those who opted for Filipino citizenship under certain circumstances: Children born to Filipino mothers before the 1973 Constitution who opted to retain or elect Philippine citizenship upon reaching the age of majority.

Proof of Natural-Born Citizenship:
  • A person’s birth certificate indicating that their parents are Filipino citizens serves as primary evidence of their natural-born status.
Implications of Natural-born Status:
  • Eligibility for public office: Only natural-born citizens can hold certain positions such as the President, Vice President, Senators, and Members of the House of Representatives. This is enshrined in Article VII, Section 2 and Article VI, Section 3 of the 1987 Constitution.

2.2. Naturalized Citizens

Naturalized citizens are individuals who were not originally citizens of the Philippines at birth but later became citizens through a formal legal process called naturalization.

Modes of Naturalization:

  1. Judicial naturalization under Commonwealth Act No. 473 (The Revised Naturalization Law): This is the most common mode, where a foreigner petitions a Philippine court for citizenship. The court evaluates whether the petitioner meets specific residency, moral character, language proficiency, and other statutory requirements.

  2. Administrative naturalization under Republic Act No. 9139: This mode is available to foreigners who have been residents of the Philippines and meet certain qualifications. It is faster and less costly compared to judicial naturalization.

  3. Derivative naturalization: This occurs when minor children or the spouse of a naturalized citizen also acquire citizenship as a result of the naturalization of the parent or spouse.

  4. Congressional naturalization: In rare cases, Philippine Congress may grant citizenship through a legislative act. This is more of an exceptional remedy for individuals who have rendered extraordinary services to the country.

Key Points:

  • Naturalized citizens must comply with specific conditions laid out in naturalization laws, including a requirement for residency, good moral character, financial capacity, and knowledge of Philippine laws, customs, and language.

  • Loss of naturalization: A naturalized citizen may lose citizenship if they fail to comply with post-naturalization conditions, such as residence requirements, or if they engage in certain acts deemed to contradict allegiance to the Philippines (e.g., acquiring foreign citizenship or joining a foreign military service).

Proof of Naturalization:
  • A certificate of naturalization issued by the court or relevant government agency serves as the official document proving that an individual is a naturalized Filipino citizen.
Implications of Naturalized Status:
  • Limitations on public office: Unlike natural-born citizens, naturalized citizens cannot hold key positions in the government, such as the President, Vice President, Senators, or Members of the House of Representatives. They also cannot serve in other sensitive areas, such as becoming a justice of the Supreme Court or a constitutional commissioner.

3. Distinction Between Natural-born and Naturalized Citizens

Natural-born Citizens Naturalized Citizens
Acquired citizenship by virtue of birth without needing any affirmative action to acquire or perfect it. Acquired citizenship by fulfilling statutory requirements through the legal process of naturalization.
Citizens from birth, as defined by the Constitution. Citizens by legal process, having been originally non-Filipinos.
Generally eligible for all public offices, including President, Vice President, and other sensitive positions requiring natural-born status. Ineligible for sensitive public offices such as President, Vice President, or legislative positions.
Citizenship cannot be revoked unless renounced or lost through specific acts, such as acquiring foreign citizenship. Can lose citizenship if found to have violated conditions of naturalization or allegiance.

4. Constitutional Provisions on Citizenship

Article IV, 1987 Constitution governs citizenship:

  1. Section 1: Enumerates who are citizens of the Philippines:

    • Those who were citizens at the time of the adoption of the Constitution (including those who held citizenship under previous constitutions).
    • 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.
    • Those who are naturalized in accordance with law.

  2. Section 2: Defines natural-born citizens.

  3. Section 3: Discusses loss and reacquisition of citizenship, highlighting the process of reacquiring natural-born status through dual citizenship laws.

5. Dual Citizenship and Natural-born Status

Under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003), former Filipino citizens who had lost their citizenship through naturalization in a foreign country can reacquire their Filipino citizenship. Upon reacquisition, they are considered natural-born Filipinos, reinstating their eligibility to hold certain public offices.

6. Relevance of Citizenship in Public International Law

While citizenship primarily operates within the domestic sphere, it also intersects with Public International Law in areas such as:

  • Diplomatic protection: A state can offer diplomatic protection to its citizens abroad.

  • Nationality conflicts: Dual or multiple citizenship situations can raise issues in international relations when individuals hold citizenship in more than one country.

  • Extradition treaties and agreements: Citizenship can affect extradition procedures and protections against extradition.

Summary

  • Natural-born citizens acquire citizenship by birth without the need for any legal action.
  • Naturalized citizens acquire citizenship through a legal process, having been originally foreign nationals.
  • The distinction is crucial for eligibility for certain public offices, with natural-born citizens enjoying broader eligibility.
  • Both types of citizens are protected under the Constitution, but they have distinct rights and responsibilities, especially in relation to public office and allegiance.

This distinction is at the heart of Philippine sovereignty, as it determines not only the basic membership in the nation but also the rights and duties of those who serve the country.

Modes of Acquiring Citizenship

Political Law and Public International Law: Citizenship

V. CITIZENSHIP

Citizenship is a legal bond between an individual and a state, entitling the individual to the protection of the state and subjecting them to the state's laws and obligations. Citizenship can be acquired through various modes, typically distinguished as either involuntary or voluntary. These classifications depend on whether the acquisition of citizenship occurs by operation of law or through an active effort on the part of the individual.

B. Modes of Acquiring Citizenship

There are two primary modes of acquiring citizenship under Philippine law:

  1. By Birth (Involuntary/By Operation of Law)
  2. By Naturalization (Voluntary/By Judicial or Administrative Process)

Let’s delve into these modes further.

1. Citizenship by Birth

Citizenship by birth is based on either jus sanguinis (right of blood) or jus soli (right of soil). Under the Philippine legal framework, the mode applicable is jus sanguinis. This means citizenship is determined primarily by the citizenship of one's parents, rather than the place of birth.

a. Jus Sanguinis (Right of Blood)

  • Philippine Constitution: The 1987 Philippine Constitution, in Article IV, Section 1, stipulates that citizens of the Philippines are those who are:

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

    From the above, it is clear that Philippine citizenship is primarily derived from one’s parentage, not place of birth. Thus, if either parent is a Filipino citizen, the child will also be a Filipino, irrespective of where the child is born (jus sanguinis).

b. Jus Soli (Right of Soil)

  • The principle of jus soli, which grants citizenship based on the place of birth, is not recognized under Philippine law. Unlike countries like the United States, which follows this principle, a person born in the Philippines to foreign parents is not automatically a Filipino citizen.

Special Cases of Acquisition by Birth:

  • Foundlings: The status of foundlings (children whose parents are unknown) was a contentious issue. The Supreme Court of the Philippines, in several cases, has ruled that foundlings are presumed to be natural-born citizens of the country where they are found unless proven otherwise, invoking both international law and domestic principles of justice. Foundlings are considered Filipino citizens unless shown to have foreign parentage.

    This interpretation was bolstered by the 2016 Supreme Court decision in the case of Grace Poe, where the Court held that foundlings in the Philippines are presumed to have Filipino parentage, thus being natural-born citizens under the 1987 Constitution.

2. Citizenship by Naturalization

Naturalization is the legal process by which a foreign national acquires Philippine citizenship. It is a voluntary mode of acquiring citizenship and is governed by the Commonwealth Act No. 473 (Revised Naturalization Law) and Republic Act No. 9139 (Administrative Naturalization Law). This can occur either through judicial or administrative procedures.

a. Judicial Naturalization

This is governed by Commonwealth Act No. 473 and requires a petition in court.

  • Requirements: The applicant must:

    1. Be at least 21 years of age;
    2. Have resided in the Philippines for at least 10 continuous years (reduced to 5 years for certain cases, like marriage to a Filipino citizen);
    3. Be of good moral character, and believe in the Constitution;
    4. Have lucrative employment or occupation;
    5. Be able to speak Filipino or any local dialect;
    6. Have enrolled his children of school age in any public or private school recognized by the government.

  • Steps in Judicial Naturalization:

    1. Filing of Petition: The foreigner must file a petition in the Regional Trial Court where they reside.
    2. Publication: The petition must be published in the Official Gazette and a newspaper for three consecutive weeks.
    3. Hearing: The petition will undergo a hearing to determine whether the applicant meets the legal requirements.
    4. Decision: If the court is satisfied, it will issue a decision granting Philippine citizenship.
    5. Oath of Allegiance: The petitioner must take an oath of allegiance to the Republic of the Philippines.

    After judicial naturalization is granted, the person becomes a naturalized citizen.

b. Administrative Naturalization (Republic Act No. 9139)

This is a more streamlined process aimed at individuals who were born and have resided in the Philippines, allowing them to acquire citizenship without going through the courts. It applies to native-born foreigners.

  • Eligibility:

    1. Born in the Philippines;
    2. Resided in the Philippines since birth;
    3. At least 18 years old at the time of filing;
    4. Of good moral character;
    5. Completed secondary education in recognized schools;
    6. Not convicted of a crime involving moral turpitude.

  • Process:

    1. The applicant files a petition with the Special Committee on Naturalization.
    2. The Committee evaluates the application, and if all requirements are met, the Committee will recommend the approval of the petition.
    3. If approved, the applicant takes an oath of allegiance to the Republic.

    This method simplifies the naturalization process, making it faster for certain foreign-born individuals who have deep ties to the country.

3. Other Modes of Acquiring Citizenship

a. Derivative Naturalization

This refers to the grant of citizenship to a person due to their relationship with a naturalized Filipino. For example:

  • Wife and minor children of a person who has been naturalized in accordance with law can also acquire citizenship by derivation, under Section 15 of the Revised Naturalization Law.

b. Repatriation (Republic Act No. 8171)

This is applicable to individuals who had previously lost their Philippine citizenship, such as:

  • Filipino women who lost their citizenship by marrying a foreigner;

  • Natural-born Filipinos who became citizens of another country due to naturalization (e.g., dual citizens who lost their Filipino citizenship by taking an oath of allegiance to another country).

    Repatriation is a simplified process. Individuals can file a petition with the Department of Justice or take an oath of allegiance to regain their Philippine citizenship.

c. Dual Citizenship (Republic Act No. 9225)

Dual citizenship allows a person to be a citizen of both the Philippines and another country. Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003, permits natural-born Filipinos who have become naturalized citizens of another country to retain or reacquire their Philippine citizenship.

  • Process:
    1. Filing of Petition: The person must file a petition for dual citizenship with the Bureau of Immigration.
    2. Oath of Allegiance: The person must take an oath of allegiance to the Republic of the Philippines.

Once this is done, the person is considered to have reacquired their Philippine citizenship while also retaining their foreign citizenship.

Summary of Modes of Acquiring Citizenship:

Mode Legal Basis Description
By Birth (Jus Sanguinis) 1987 Constitution, Art. IV Citizenship derived from Filipino parentage.
Judicial Naturalization Commonwealth Act No. 473 Process of acquiring citizenship through a court petition.
Administrative Naturalization Republic Act No. 9139 Streamlined naturalization for native-born foreigners.
Derivative Naturalization Commonwealth Act No. 473 Citizenship granted to the wife and minor children of a naturalized person.
Repatriation Republic Act No. 8171 Restores citizenship to those who lost it through marriage or naturalization in another country.
Dual Citizenship Republic Act No. 9225 Retention/reacquisition of citizenship by natural-born Filipinos who became foreign citizens.

This comprehensive breakdown covers the intricacies of Philippine citizenship acquisition, its constitutional foundations, and the applicable laws.

Who are Filipinos | CITIZENSHIP

To understand the concept of Filipino citizenship, especially in the context of Political Law and Public International Law, we must delve into the provisions of the 1987 Philippine Constitution, applicable statutes, and relevant jurisprudence. Here’s a detailed breakdown:

I. Definition of Citizenship

Citizenship refers to the legal status of being a member of a particular state, in this case, the Philippines, and it entails specific rights and obligations under that state’s law. Nationality and citizenship are often used interchangeably, though nationality is a broader concept related to the individual's membership in a nation, while citizenship focuses on the legal relationship with the state.

II. Primary Sources of Law on Citizenship

  1. The 1987 Philippine Constitution (Article IV, Citizenship)
  2. Legislation:
    • Commonwealth Act No. 63
    • Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)
    • Presidential Decree No. 725
  3. Relevant Jurisprudence from the Supreme Court on citizenship matters.

III. Citizenship under the 1987 Constitution

A. Who Are Filipinos (Article IV, Section 1 of the 1987 Constitution)

There are five categories of individuals recognized as Filipino citizens under the Constitution:

  1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.

    • Reference: Article IV, Section 1 (1).
    • This pertains to individuals who were recognized as Filipino citizens under previous constitutions (1935, 1973) and relevant laws prior to the ratification of the 1987 Constitution.

  2. Those whose fathers or mothers are citizens of the Philippines.

    • Reference: Article IV, Section 1 (2).
    • This adopts the principle of jus sanguinis (right of blood), meaning citizenship is acquired by birth to Filipino parents. Under Philippine law, it is immaterial whether the Filipino parent is the mother or father.

  3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

    • Reference: Article IV, Section 1 (3).
    • The 1935 Constitution recognized jus sanguinis but was patrilineal, meaning citizenship was determined by the father's nationality. The 1973 and 1987 Constitutions allowed children born to Filipino mothers before January 17, 1973, to elect Philippine citizenship upon reaching the age of 18, thus curing the historical bias.

  4. Those who are naturalized in accordance with law.

    • Reference: Article IV, Section 1 (4).
    • Naturalization is a legal process whereby a foreign national acquires Filipino citizenship. It can be done via judicial or administrative procedures, and more recently, through special laws like Republic Act No. 9225.

  5. Those who are foundlings.

    • Jurisprudence: The Supreme Court, in cases such as Roa v. Collector of Customs and Poe-Llamanzares v. COMELEC, recognized the principle of presumed Filipino citizenship for foundlings, based on principles of humanitarian law and jus soli (right of soil).

IV. Principles of Citizenship in the Philippines

A. Jus Sanguinis (Right of Blood)

The primary principle governing Philippine citizenship is jus sanguinis, under which a person’s citizenship is determined by their parentage, not the place of birth. Anyone born to at least one Filipino parent, regardless of where they are born, is a natural-born Filipino.

B. Natural-born Citizenship

  • Natural-born citizens are those who are citizens of the Philippines from birth, without needing to perform any act to acquire or perfect their citizenship.
  • A critical aspect of being natural-born is relevant for public office, as the Constitution mandates that certain officials (e.g., the President, Vice President, Senators, and Members of the House of Representatives) must be natural-born citizens.

V. Modes of Acquiring Citizenship

There are two primary modes of acquiring Filipino citizenship:

A. By Birth

  1. Natural-born citizenship through Filipino parents (jus sanguinis).
  2. By Election: For individuals born to Filipino mothers before January 17, 1973, they may elect Filipino citizenship within a reasonable time after reaching the age of majority (18 years old). Election is a form of exercising the right to choose Filipino citizenship.

B. By Naturalization

Naturalization is a legal process where a foreign national becomes a Filipino citizen. There are three modes of naturalization in the Philippines:

  1. Judicial Naturalization under Commonwealth Act No. 473 (Revised Naturalization Law):

    • A judicial proceeding where a foreign national files a petition in court, subject to requirements and residency stipulations.

  2. Administrative Naturalization under Republic Act No. 9139 (Administrative Naturalization Law of 2000):

    • For those who have completed specific residency and employment requirements, and who are residents of the Philippines since birth.

  3. Legislative Naturalization:

    • Granted by special laws enacted by Congress. These laws confer Filipino citizenship on specific individuals, often in recognition of their contributions to the country.

VI. Modes of Losing and Re-acquiring Filipino Citizenship

A. Loss of Filipino Citizenship

Filipino citizens may lose their citizenship in several ways:

  1. By Naturalization in a Foreign Country:

    • Under the 1935 Constitution and prior, Filipinos who were naturalized in other countries automatically lost their Filipino citizenship.

  2. By Express Renunciation of Citizenship:

    • Filipinos may renounce their citizenship before foreign authorities for specific purposes (e.g., employment in foreign governments) or to meet the requirements of dual citizenship in other countries.

  3. By Subscribing to an Oath of Allegiance to a Foreign Government:

    • Under Commonwealth Act No. 63, subscribing to an oath of allegiance to another country results in the automatic loss of Filipino citizenship.

  4. By Cancellation of Naturalization:

    • If a Filipino’s naturalization is later found to have been obtained fraudulently, it may be cancelled by the courts.

B. Re-acquisition of Filipino Citizenship

Republic Act No. 9225 (The Citizenship Retention and Re-acquisition Act of 2003) allows Filipinos who have lost their citizenship through foreign naturalization to re-acquire it. Notable features include:

  • Dual Citizenship: Under RA 9225, Filipinos who acquire foreign citizenship are allowed to retain their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines. This effectively results in dual citizenship.

  • Rights and Obligations of Dual Citizens:

    • Dual citizens enjoy full civil and political rights, including the right to vote and the right to hold public office (subject to specific requirements and disqualifications).

VII. Foundlings and Citizenship

A special case in Philippine citizenship involves foundlings—children of unknown parentage. The 1987 Constitution does not specifically mention foundlings, but jurisprudence has established that:

  • Presumption of Natural-born Status: Foundlings found in Philippine territory are presumed to be natural-born Filipinos unless proven otherwise. The presumption rests on international conventions and customary law.
  • The Poe-Llamanzares case (2016) was significant in affirming the right of foundlings to be considered natural-born Filipinos, thus eligible for certain positions in government.

VIII. Relevant Jurisprudence on Citizenship

  1. Tecson v. COMELEC (2004): Clarified the citizenship of Fernando Poe Jr., recognizing him as a natural-born Filipino despite issues on the legitimacy of birth.
  2. Valles v. COMELEC (2003): On election of citizenship, the Court clarified that the election must be made upon reaching the age of majority and within a reasonable time thereafter.
  3. Poe-Llamanzares v. COMELEC (2016): Affirmed the natural-born status of foundlings under international and domestic law.

Conclusion

Citizenship in the Philippines is a complex subject governed by constitutional provisions, legislative enactments, and significant jurisprudence. The principle of jus sanguinis is the backbone of Filipino citizenship, and legal processes like naturalization and re-acquisition (through dual citizenship) reflect the flexibility and evolving nature of the law. Various Supreme Court rulings have further clarified the nuances of these laws, especially in cases involving political rights and candidacy for public office.

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