citizenship consti 1
DESCRIPTION
notes on citizenship consti 1TRANSCRIPT
Who are Philippine Citizens
Philippine Bill of 1902July 1, 1902
1935 ConstitutionMay 14, 1935
1973 ConstitutionNOON OF JANUARY 17,
1973
1987 ConstitutionFebruary 2, 1987
Section 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in the Philippine Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight.
1935 Constitution – ratified on May 14, 1935 brought to an end to any such link with common law, by adopting, once and for all, jus sanguinis or blood relationship as being the basis of Filipino citizenship -
Section 1, Article III, 1935 Constitution. The following are citizens of the Philippines -
(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution
(2) Those born in the Philippines Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the
Section 1, Article III, 1973 Constitution - The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.
(2) Those whose fathers or mothers are citizens of the Philippines.
(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.
(4) Those who are naturalized in accordance with law.
ARTICLE IV
CITIZENSHIP
ARTICLE IV
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[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.
Amended with the Act of Congress on 1912
That all inhabitants of the Philippine Islands who were Spanish subjects on the 11th day of April, 1889, and then resided in said Islands, and their children born subsequently thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight and except such others as have since become citizens of some other country; Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide for the acquisition of Philippine citizenship by those natives of the
Philippine Islands.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and upon reaching the age of majority, elect Philippine citizenship.
(5) Those who are naturalized in accordance with law.
SEC. 2. Philippine citizenship may be lost or re-acquired in the manner provided by law.
SEC. 2. A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.
SEC. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.
Section 2. 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. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. 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.
Section 5. Dual allegiance of citizens is inimical to the national interest and
Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States, if residing therein."
Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a citizen of the Philippines as of 11 April 1899 if he was 1) a subject of Spain on 11 April 1899, 2) residing in the Philippines on said date, and, 3) since that date, not a citizen of some other country.
shall be dealt with by law.
NOTES :
The Treaty of Paris was entered into on 10 December 1898 between Spain and the United States.[21] Under Article IX of the treaty, the civil rights and political status of the native inhabitants of the territories ceded to the United States would be determined by its Congress -
"Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce, and professions, being subject in respect thereof to such laws as are applicable to foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they reside.
Subsection (4), Article III, of the 1935 Constitution, taken together with existing civil law provisions at the time, which provided that women would automatically lose their Filipino citizenship and acquire that of their foreign husbands, resulted in discriminatory situations that effectively incapacitated the women from transmitting their Filipino citizenship to their legitimate children and required illegitimate children of Filipino mothers to still elect Filipino citizenship upon reaching the age of majority. Seeking to correct this anomaly, as well as fully cognizant of the newly found status of Filipino women as equals to men, the framers of the 1973 Constitution crafted the provisions of the new Constitution on citizenship to reflect such concerns.
ELECTION OF PHILIPPINE CITIZENSHIP (As requirement under the 1935 Constitution)
CA no. 625 - June 7, 1941
Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the Constitution1 shall be expressed in:
1. a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and
2. shall be filed with the nearest civil registry;3. oath of allegiance to the Constitution and the Government of the Philippines.
Section 2. If the party concerned is absent from the Philippines:
1. he may make the statement herein authorized before any officer of the Government of the United States2 authorized to administer oaths, and
2. he shall forward such statement together with his 3. oath of allegiance, to the Civil Registry of Manila.
the statutory formalities of electing Philippine citizenship are: (CA NO 625 June 17, 1941)
(1) a statement of election under oath; any officer authorized to administer oath
(2) an oath of allegiance to the Constitution and Government of the Philippines; and
(3) registration of the statement of election and of the oath with the nearest civil registry.
***Furthermore, no election of Philippine citizenship shall be accepted for registration under C.A. No. 625 unless the party exercising the right of election has complied with the requirements of the Alien Registration Act of 1950. In other words, he should first be required to register as an alien. [24]
*** Reasonable time to elect Philippine Citizenship
***It is true that this clause has been construed to mean a reasonable time after reaching the age of majority, and that the Secretary of Justice has ruled that three (3) years is the reasonable time to elect Philippine citizenship under the constitutional provision adverted to above, which period may be extended under certain circumstances, as when the person concerned has always considered himself a Filipino. (cuenco vs sec of justice)
NATURALIZED CITIZENSCA NO. 473
JUNE 17, 1939JUDICIAL NATURALIZATION
RA NO 9139JUNE 8, 2001
15 days following publicationADMINISTRATIVE NATURALIZATION
AN ACT TO PROVIDE FOR THE ACQUISITION OF
PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND TO
REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND
TWENTY-SEVEN (2927) AND THIRTY-FOUR HUNDRED AND
FORTY-EIGHT (3448)
Sec. 2. Qualifications. - Subject to Section
four of this Act, any person having the following
qualifications may become a citizen of the
Philippines by naturalization:
1. He must be not less than twenty-one years of
age on the day of the hearing of the
petition;
2. He must have resided in the Philippines for
a continuous period of not less than ten
years;
3. He must be of good moral character and
believes in the principles underlying the
Philippine Constitution, and must have
conducted himself in a proper and
irreproachable manner during the entire
period of his residence in the Philippines
in his relation with the constituted
REPUBLIC ACT NO. 9139
June 08, 2001
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER
PURPOSES
Section 3. Qualifications. - Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public
government as well as with the community in
which he is living.
4. He must own real estate in the Philippines
worth not less than five thousand pesos,
Philippine currency, or must have some known
lucrative trade, profession, or lawful
occupation;
5. He must be able to speak and write English
or Spanish and any one of the principal
Philippine languages;
6. He must have enrolled his minor children of
school age, in any of the public schools or
private schools recognized by the Office of
Private Education of the Philippines, where
the Philippine history, government and
civics are taught or prescribed as part of
the school curriculum, during the entire
period of the residence in the Philippines
required of him prior to the hearing of his
petition for naturalization as Philippine
citizen.
Sec. 3. Special qualifications. The ten years of
continuous residence required under the second
condition of the last preceding Sec. shall be
understood as reduced to five years for any
petitioner having any of the following
qualifications:
1. Having honorably held office under the
Government of the Philippines or under that of
school or private educational institution dully recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family:Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.
Section 4. Disqualifications, - The following are not qualified to be naturalized as Filipino citizens under this Act:
(a) Those opposed to organized government or affiliated with any association of group of persons who uphold and teach doctrines opposing
any of the provinces, cities, municipalities, or
political subdivisions thereof;
2. Having established a new industry or
introduced a useful invention in the Philippines;
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the
Philippines in a public or recognized private
school not established for the exclusive
instruction of children of persons of a
particular nationality or race, in any of the
branches of education or industry for a period of
not less than two years;
4. Having been born in the Philippines.
Declaration of intention. - One year prior
to the filing of his petition for admission
to Philippine citizenship, the applicant for
Philippine citizenship shall file with the
Bureau of Justice, a declaration under oath
that it is bona fide his intention to become
a citizen of the Philippines
Persons exempt from requirement to make a
declaration of intention. - Persons born in
the Philippines and have received their
primary and secondary education in public
all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.
Section 5. Petition for Citizenship. - (1) Any person desiring to acquire Philippine citizenship under this Act shall file with the Special Committee on Naturalization created under Section 6 hereof,
Special Committee on Naturalization. - There shall be constituted a Special Committee on
schools or those recognized by the
Government and not limited to any race or
nationality, and those who have resided
continuously in the Philippines for a period
of thirty years or more before filing their
application
Petition for citizenship. - Any person
desiring to acquire Philippine citizenship
shall file with the competent court.
Competent court. - The Court of First Instance
of the province in which the petitioner has
resided at least one year immediately preceding
the filing of the petition shall have exclusive
original jurisdiction to hear the petition.
Effect of the naturalization on wife and
children. - Any woman who is now or may
hereafter be married to a citizen of the
Philippines, and who might herself be lawfully
naturalized shall be deemed a citizen of the
Philippines.
Minor children of persons naturalized under this
law who have been born in the Philippines shall
be considered citizens thereof.
A foreign-born minor child, if dwelling in the
Naturalization herein referred to as the "Committee", with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his representative, and the National Security Adviser, as members, with the power to approve, deny or reject applications for naturalization as provided in this Act.
Status of Alien Wife and Minor Children. - After the approval of the petition for administrative naturalization in cancellation of applicant's alien certificate of registration, applicant's alien lawful wife and minor children may file a petition for cancellation of their alien certificates of registration with the Committee subject to the payment of the filing fee.
Status of Alien Husband and Minor Children. - If the applicant is a married woman, the approval of her petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for cancellation of their alien certificates of registration with the BI subject to the requirements of existing laws.
Philippines at the time of the naturalization of
the parent, shall automatically become a
Philippine citizen, and a foreign-born minor
child, who is not in the Philippines at the time
the parent is naturalized, shall be deemed a
Philippine citizen only during his minority,
unless he begins to reside permanently in the
Philippines when still a minor, in which case, he
will continue to be a Philippine citizen even
after becoming of age.
Right of Widow and Children of Petitioners who
have Died. - In case a petitioner should die
before the final decision has been rendered, his
widow and minor children may continue the
proceedings. The decision rendered in the case
shall, so far as the widow and minor children are
concerned, produce the same legal effect as if it
had been rendered during the life of the petiti
on.
Renunciation of Title or Orders of Nobility. -
In case the alien applying to be admitted to
citizenship has borne any hereditary title, or
has been of any of the orders of nobility in the
Kingdom or state from which he came, he shall, in
addition to the above requisites, make an express
renunciation of his title or order of nobility in
the court to which his application is made, and
his renunciation shall be recorded in the court,
unless with the express consent of the National
Assembly.
oner.
Republic Act. 530 June 16, 1950
AN ACT MAKING ADDITIONAL PROVISIONS FOR NATURALIZATION
1. no petition for Philippine citizenship shall be heard by the courts until after six months from the publication of the application required by law,
2. nor shall any decision granting the application become executory until after two years from its promulgation
3. and after the court, on proper hearing, with the attendance of the Solicitor General or his representative, is satisfied, and so finds, that during the intervening time the applicant has :(1) not left the Philippines, (2) has dedicated himself continuously to a lawful calling or profession, (3) has not been convicted of any offense or violation of Government promulgated rules, (4) or committed any act prejudicial to the interest of the nation or contrary to any Government announced policies.
LOI No. 270 naturalization by presidential decree
April 11, 1975
PRESIDENTIAL DECREE No. 725 June 5, 1975
PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE
TO ALIENS AND OF NATURAL BORN FILIPINOS
Only the SPECIAL COMMITTEE ON NATURALIZATION created by LOI no. 270 was retained after EDSA Revolution
Solicitor General Undersecretary of Foreign Affairs Director General NISA
In order that aliens permanently residing in this country who, having developed and demonstrated love for and loyalty to the Philippines and affinity to the customs, traditions and ideals of the Filipino people, as well as contributed to the economic, social and cultural development of our country, may be integrated into the national fabric by the grant of Philippine citizenship, you are hereby directed as follows:
1. That you shall constitute yourself as a Committee, with the Solicitor General as Chairman, to receive, and consider and submit recommendations on, applications for naturalization by decree from aliens with the following qualifications and none of the following disqualifications:
Qualifications:
a. He must not be less than 21 years of age on the date of the filing of his petition;
b. If born in a foreign country, he must have been legally admitted into the Philippines either as an immigrant or a non-immigrant;
WHEREAS, there are many Filipino women who had lost their Philippine Citizenship by marriage to aliens;
WHEREAS, while the new constitution allows a Filipino woman who marries an alien to retain her Philippine citizenship unless by her act or omission, she is deemed under the law to have renounced her Philippine citizenship, such provision of the new Constitution does not apply to Filipino women who had married aliens before said Constitution took effect;
WHEREAS, the existing law (C.A. Nos. 63, as amended) allows the repatriation of Filipino women who lost their citizenship by reason of their marriage to aliens only after the death of their husbands or the termination of their marital status; and
WHEREAS, there are natural born Filipinos who have lost their Philippine citizenship but now desire to re-acquire Philippine citizenship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order that: 1) Filipino women who lost their Philippine citizenship by marriage to aliens; and (2) natural born Filipinos who have lost their
c. He must have had a continuous residence in the Philippines of ten years, which period shall be reduced to five years for applicants with any of the following special qualifications:
1) Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities or political subdivision thereof;
2) Having established a new industry or introduced a useful invention in the Philippines;
3) Being married to a Filipino;
4) Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;
5) Having been born in the Philippines.
d. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;
e. He must have a known trade, business, profession, or lawful occupation, from which he derives income sufficient for his support and, if he is married or has dependents, also that of his
Philippine citizenship may require Philippine citizenship through repatriation by applying with the Special Committee on Naturalization created by Letter of Instruction No. 270, and, if their applications are approved, taking the necessary oath of allegiance to the Republic of the Philippines, after which they shall be deemed to have reacquired Philippine citizenship. The Commission on Immigration and Deportation shall thereupon cancel their certificate of alien registration.
The aforesaid Special Committee is hereby authorized to promulgate rules and regulations and prescribe the appropriate forms and the required fees for the effective implementation of this Decree.
This Decree shall take effect immediately.
Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and seventy-five.
family;
f. He must be able to speak and write Filipino; or English or Spanish, and any of the principal Philippine languages;
g. He must have enrolled his minor children of school age in any of the public or private schools recognized by the Department of Education and Culture, where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the period of residence in the Philippines required of him prior to the filing of his petition hereunder; and
h. He must have, during the period of his residence in the Philippines, mingled socially with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.
Disqualifications:
a. He must not be opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
b. He must not defend or teach the necessity or propriety of violence, personal assault, or assassination for the success and predominance of his ideas;
c. He must not be a polygamist or a believer in the practice of polygamy;
d. He must not have been convicted of any crime
involving moral turpitude;
e. He is not suffering from mental alienation or any incurable contagious disease.
Cases of aliens born of Filipino mothers: If, however, the applicant was born of a Filipino mother before the effectivity of the new Constitution and has resided continuously in the Philippines since birth, he shall be considered qualified hereunder without need of any further qualification, provided he does not suffer from the disqualifications above enumerated.
2. That the application shall be in triplicate, signed and verified by the petitioner himself and accompanied by his photographs and certified true or xerox copies of his certificate of arrival (if any), his Alien Certificate of Registration and his Immigrant Certificate of Residence, and supported by the separate affidavits of two credible witnesses stating that they have personally known the petitioner for the period of time required under par. 1 hereof, that petitioner is a person of good repute and morally irreproachable, and that said petitioner has, in their opinion, all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Decree.
3. That the application shall be filed with the Committee not later than , 1975.
4. That on the basis of the data available to the Committee, the Committee shall submit appropriate recommendations to me not later than May 15, 1975 as to who, among the aforesaid applicants, are
eligible and qualified for naturalization by decree: however, the names and data pertaining to those aliens previously screened by the Department of National Defense and the NISA and found appropriate for the naturalization by decree shall be forwarded to me without need of prior screening by the Committee; and
5. You are authorized to promulgate rules and regulations and prescribe appropriate forms and the required fees for the effective and expeditious implementation of these instructions.
*** LOI No. 270 and CA No. 473 are laws governing the naturalization of qualified aliens residing in the Philippines. While they provide for different procedures, CA No. 473 governs naturalization by judicial decree while Absent any express repeal of Section 15 of CA No. 473 in LOI No. 270, the said provision should be read into the latter law as an integral part thereof, not being inconsistent with its purpose LOI No. 270 governs naturalization by presidential decree; both statutes have the same purpose and objective.
Petitioner’s contention that the qualifications an applicant for naturalization should possess are those provided for in R.A. No. 9139 and not those set forth in C.A. No. 473 is barren of merit. The qualifications and disqualifications of an applicant for naturalization by judicial act are set forth in Sections 2 46 and 4 47 of C.A. No. 473. On the other hand, Sections 3 48 and 4 49 of R.A. No. 9139 provide for the qualifications and disqualifications of an applicant for naturalization by administrative act .
First. C.A. No. 473 and R.A. No. 9139 are separate and distinct laws – the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all
their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions. 52 To reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging which is administrative rather than judicial in nature. Thus, although the legislature believes that there is a need to liberalize the naturalization law of the Philippines, there is nothing from which it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139. What the legislature had in mind was merely to prescribe another mode of acquiring Philippine citizenship which may be availed of by native born aliens . The only implication is that, a native born alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed qualifications and disqualifications.
Second. If the qualifications prescribed in R.A. No. 9139 would be made applicable even to judicial naturalization, the coverage of the law would be broadened since it would then apply even to aliens who are not native born. It must be stressed that R.A. No. 9139 applies only to aliens who were born in the Philippines and have been residing here.
Third. Applying the provisions of R.A. No. 9139 to judicial naturalization is contrary to the intention of the legislature to liberalize the naturalization procedure in the country. One of the qualifications set forth in R.A. No. 9139 is that the applicant was born in the Philippines and should have been residing herein since birth. Thus, one who was born here but left the country, though resided for more than ten (10) years from the filing of the application is also disqualified. On the other hand, if we maintain the distinct qualifications under each of the two laws, an alien who is not qualified under R.A. No. 9139 may still be naturalized under C.A. No. 473.
the waiting period of (one year prior declaration of intention to acquire Philippine citizenship under CA 473) will unmask the true intentions of those who seek Philippine citizenship for selfish reasons alone, such as, but not limited to, those who are merely interested in protecting their wealth, as distinguished from those who have truly come to love the Philippines and its culture and who wish to become genuine partners in nation building.
three ways by which an alien may become a citizen by naturalization:
So v Republic (a) administrative naturalization pursuant to R.A. No. 9139 (2001) LOI 270 (1975)(b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien.
requirements for character witnesses: [Ong v Rep]
1. That they are citizens of the Philippines;
2. That they are “credible persons”;
3. That they personally know the petitioner;
4. That they personally know him to be a resident of the Philippines for the period of time required by law;
5. That they personally know him to be a person of good repute;
6. That they personally know him to be morally irreproachable;
7. That he has, in their opinion, all the qualifications necessary to become a citizen of the Philippines; and
8. That he “is not in any way disqualified under the provisions” of the Naturalization Law.
Philippine citizenship, it must be stressed, is not a commodity or were to be displayed when required and suppressed when convenient.
LOSS AND RE-ACQUISITION OF CITIZENSHIP
Read / Print CA NO 63 – OCTOBER 31 1936 AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED
Republic Act No. 9225 - approved August 29, 2003 -*** 15 days After Publication AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT. AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES.
it is clear that the intent of the legislature in drafting Rep. Act No. 9225 is to do away with the provision in Commonwealth Act No. 63 5 which takes away Philippine citizenship from natural-born Filipinos who become naturalized citizens of other countries. What Rep. Act No. 9225 does is allow dual citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their naturalization as citizens of a foreign country. On its face, it does not recognize dual
allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship. Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. What happens to the other citizenship was not made a concern of Rep. Act No. 9225.
More importantly, the Courts 2000 ruling in Valles has been superseded by the enactment of R.A.
No. 9225[10] in 2003. R.A. No. 9225 expressly provides for the conditions before those who re-
acquired Filipino citizenship may run for a public office in the Philippines. Section 5 of the said
law states:
Section 5. Civil and Political Rights and Liabilities. Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:
x x x x
(2) Those seeking elective public office in the Philippines shall meet the
qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath.
For the renunciation to be valid, it must be contained in an affidavit duly executed before an officer of law who is authorized to administer an oath. The affiant must state in clear and unequivocal terms that he is renouncing all foreign citizenship for it to be effective.
Thus, like any other natural-born Filipino, it is enough for a person with dual citizenship who
seeks public office to file his certificate of candidacy and swear to the oath of allegiance
contained therein.
Dual allegiance, on the other hand, is brought about by the individual’s active participation in the
naturalization process.
R.A. No. 9225 was enacted to allow re-acquisition and retention of Philippine citizenship for: 1) natural-born citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and 2) natural-born citizens of the Philippines who, after the effectivity of the law, become citizens of a foreign country.
Arnado’s category of dual citizenship is that by which foreign citizenship is acquired through a positive act of applying for naturalization. This is distinct from those considered dual citizens by virtue of birth, who are not required by law to take the oath of renunciation as the mere filing of the certificate of candidacy already carries with it an implied renunciation of foreign citizenship.39 Dual citizens by naturalization, on the other hand, are required to take not only the Oath of Allegiance to the Republic of the Philippines but also to personally renounce foreign citizenship in order to qualify as a candidate for public office.
The use of foreign passport after renouncing one’s foreign citizenship is a positive and voluntary act of representation as to one’s nationality and citizenship; it does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position.
LOSS OF CITIZENSHIP
Filipino may lose his/her citizenship by any of the modes :C.A. No. 63Aznar v Comelec
(1) by naturalization in a foreign country; (2) by express renunciation of citizenship; and(3) by subscribing to an oath of allegiance to support the Constitution or laws of a foreign country.
For the renunciation to be valid: (as required in seeking public office)
Lopez v COMELEC
1) it must be contained in an affidavit duly executed before an officer of law who is authorized to administer an oath.
2) The affiant must state in clear and unequivocal terms that he is renouncing all foreign citizenship for it to be effective.
to run for public office, he must:RA 9225 Japson v Comelec
(1) meet the qualifications for holding such public office as required by the Constitution and
existing laws; and
(2) make a personal and sworn renunciation of any and all foreign citizenships before any public
officer authorized to administer an oath.
following classes of citizens of the Philippines to possess dual citizenship:Considering the citizenship clause (Art. IV) of our Constitution,
Cordora v COMELEC
(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country such children are citizens of that country;
(3) Those who marry aliens if by the laws of the latter’s country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship.
R.A. No. 9225 was enacted to allow re-acquisition and retention of Philippine citizenship for:
De Guzman v COMELEC
1) natural-born citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and
3) natural-born citizens of the Philippines who, after the effectivity of the law, become citizens of a foreign country.
REPATRATION OR REACQUISTION
RA 8171 OCTOBER 3, 1995 30 DAYS AFTER PUBLICATION
COMMONWEALTH ACT No. 63
OCTOBER 21, 1936
AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-BORN FILIPINOS.
Section 1. Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, may reacquire Philippine citizenshipthrough repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended: Provided, That the applicantis not a:
(1) Person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; (2) Person defending or teaching the
AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED
Section 1. How citizenship may be lost. – A Filipino citizen may lose his citizenship in any of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country;
(4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided,That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the
necessity or propriety of violence, personal assault, or associatEon for the predominance of their ideas; (3) Person convictad of crimes involving moral turpitude; or (4) Person suffering from mental alienation or incurablecontagious diseases.
Sec. 2. Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau or Immigration. The Bureau of Immigration shall thereupon cancel the pertinent aliencertificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen.
Sec. 3. All laws, decrees, orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
Sec. 4. This Act shall take effect thirty (30) days after its publication in a newspaper of general circulation.
Signed: October 23, 1995
consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:
(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or
(b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country: And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;
(5) By cancellation of the of the certificates of naturalization;
(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.1
The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic Ibero-American countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.2
Section. 2. How citizenship may be reacquired. – Citizenship may be reacquired:
(1) By naturalization: Provided, That the applicant possess none of the disqualification's prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven,3
(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated
in accordance with the provisions of this Act after the termination of the marital status;4 and
(3) By direct act of the National Assembly.
Section 3. Procedure incident to reacquisition of Philippine citizenship. – The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twenty-seven,5 as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in section three and four of said Act shall not be required:And provided, further,
(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;
(2) That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and
(3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.
Section 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth6 of the Philippines and
registration in the proper civil registry.
Section 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to approval of the Secretary of Justice.
Section 6. This Act shall take effect upon its approval.
Approved, October 21, 1936.
RA 8171, "An Act Providing for the Repatriation of Filipino Women Who Have Lost Their Philippine Citizenship by Marriage to Aliens and of Natural-Born Filipinos," was enacted on October 23, 1995. It provides for the repatriation of only two (2) classes of persons, viz:
1) Filipino women who have lost their Philippine citizenship by marriage to aliens; and
2) natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, may reacquire Philippine citizenship through repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended:
There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization. These ways of acquiring citizenship correspond to the two kinds of citizens: the natural-born citizen, and the naturalized citizen. A person who at the time of his birth is a citizen of a particular country, is a natural-born citizen thereof
Commonwealth Act. No. 63 OCTOBER 21, 1936
Philippine citizenship may be reacquired by a former citizen:
(1) by naturalization,
(2) by repatriation, and
(3) by direct act of Congress.[15]
Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63.[16] Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications[17] and none of the disqualifications mentioned in Section 4 of C.A. 473.[18]
Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1) desertion of the armed forces; [19] (2) service in the armed forces of the allied forces in World War II; [20] (3) service in the Armed Forces of the United States at any other time; [21] (4) marriage of a Filipino woman to an alien; [22] and (5) political and economic necessity .[23]
As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided.
repatriation results in the recovery of the original nationality .[26] This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino.
LAWS NATURALIZATION REPATRATION LOST/REACQUISITION
COMMONWEALTH ACT No. 63
AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED
OCTOBER 21, 1936
naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63.[16] Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications[17] and none of the disqualifications mentioned in Section 4 of C.A. 473.[18]
Section 3. Procedure incident to reacquisition of Philippine citizenship. – The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twenty-seven (2927) ,5 as amended (by CA 473) ( shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in section three and four
QUALIFIED :
1.deserters of the Army, Navy or Air Corp:
2.a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status;4 and
How :
SeC. 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth6 of the Philippines and registration in the proper civil registry.
Lost
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country;
(4) By rendering services to, or accepting commission in,
of said Act shall not be required:And provided, further
(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;
(2) That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and
(3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.
the armed forces of a foreign country.
(5) By cancellation of the of the certificates of naturalization;
(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.1
(1) By naturalization: Provided, That the applicant possess none of the disqualification's prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven,3
(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status;4 and
(3) By direct act of the National Assembly
CA NO. 473JUNE 17, 1939
AN ACT TO PROVIDE
FOR THE ACQUISITION
OF PHILIPPINE
CITIZENSHIP BY
NATURALIZATION, AND
TO REPEAL ACTS
NUMBERED TWENTY-
NINE HUNDRED AND
FILE THE PETITION
IN THE COMPETENT COURT
TWENTY-SEVEN AND
THIRTY-FOUR HUNDRED
AND FORTY-EIGHT
JUDICIAL NATURALIZATION
Republic Act. 530 June 16, 1950
AN ACT MAKING ADDITIONAL
PROVISIONS FOR NATURALIZATION
1. no petition for Philippine citizenship shall be heard by the courts until after six months from the publication of the application required by law,
2. nor shall any decision granting the application become executory until after two years from its promulgation
and after the court, on proper hearing, with the attendance of the Solicitor General or his representative, is satisfied, and so finds, that during the intervening time the applicant has :(1) not left the Philippines, (2) has dedicated himself continuously to a lawful calling or profession, (3) has not been convicted of
any offense or violation of Government promulgated rules, (4) or committed any act prejudicial to the interest of the nation or contrary to any Government announced policies
CA no. 625 -
AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT
PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A
PERSON WHOSE MOTHER IS A FILIPINO
CITIZEN
June 7, 1941
ELECTION OF CITIZENSHIP as Required by 1935 Constitution
Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the Constitution1 shall be expressed in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.
Section 2. If the party concerned is absent from the Philippines, he may make the statement herein authorized before any officer of the Government of the United States
authorized to administer oaths, and he shall forward such statement together with his oath of allegiance, to the Civil Registry of Manila.
RA NO. 2630
aN ACT PROVIDING FOR REACQUISITION OF PHILIPPINE CITIZENSHIP BY PERSONS WHO LOST SUCH CITIZENSHIP BY RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED FORCES OF THE UNITED STATES
Approved, June 18, 1960.
Section 1. Any person who had lost his Philippine citizenship by rendering service to, or accepting commission in, the Armed Forces of the United States, or after separation from the Armed Forces of the United States, acquired United States citizenship, may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and registering the same with the Local Civil Registry in the place where he resides or last resided in the Philippines. The said oath of allegiance shall contain a renunciation of any
other citizenship.
Section 2. This Act shall take effect upon its approval.
RA 8171 OCTOBER 3, 199530 DAYS AFTER PUBLICATION
AN ACT PROVIDING FOR THE
REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR
PHILIPPINE CITIZENSHIP BY
MARRIAGE TO ALIENS AND OF NATURAL-BORN
FILIPINOS.
Section 1.
1. Filipino women who have lost their Philippine citizenship by marriage to aliens; and
2. natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity,
may reacquire Philippine citizenship through
repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended: Provided, That the applicantis not a:
(1) Person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; (2) Person defending or teaching the necessity or propriety of violence, personal assault, or associatEon for the predominance of their ideas; (3) Person convictad of crimes involving moral
turpitude; or (4) Person suffering from mental alienation or incurablecontagious diseases.
Sec. 2. Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau or Immigration. The Bureau of Immigration shall thereupon cancel the pertinent aliencertificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen.
Sec. 4. This Act shall take effect
thirty (30) days after its publication in a newspaper of general circulation.
Signed: October 23, 1995
RA NO 9139
AN ACT PROVIDING FOR THE ACQUISITION
OF PHILIPPINE CITIZENSHIP FOR
CERTAIN ALIENS BY ADMINISTRATIVE
NATURALIZATION AND FOR OTHER PURPOSES
JUNE 8, 200115 days following
publicationADMINISTRATIVE NATURALIZATION
Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization Law of 2000."
Section 2. Declaration of Policy. - The State shall control and regulate the admission and integration of aliens into its territory and body politic including the grant of citizenship to aliens. Towards this end, aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings subject to certain requirements dictated by national security and interest.
Section 3. Qualifications. - Subject to the provisions
of the succeeding section, any person desiring to avail of the benefits of this Act must meet the following qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school or private educational
institution dully recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family:Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;
(f) The applicant must be able to read, write and
speak Filipino or any of the dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.
Republic Act No. 9225 - approved August 29, 2003 -*** 15 days After Publication AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT. AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES.
Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE
CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT.AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-
acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim) 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 imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and
Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any
and all foreign citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or
extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
*** Republic Act No. 6809 December 13, 1989 -AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES
LAWSTITLE DATES
COMMONWEALTH ACT No. 63 AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY
BE LOST OR REACQUIRED
OCTOBER 21, 1936
CA NO. 473AN ACT TO PROVIDE FOR THE
ACQUISITION OF PHILIPPINE
CITIZENSHIP BY NATURALIZATION,
AND TO REPEAL ACTS NUMBERED
TWENTY-NINE HUNDRED AND TWENTY-
SEVEN AND THIRTY-FOUR HUNDRED
AND FORTY-EIGHT
JUDICIAL NATURALIZATION
JUNE 17, 1939
Republic Act. 530
AN ACT MAKING ADDITIONAL PROVISIONS FOR NATURALIZATION
June 16, 1950
CA no. 625 -
AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT
PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN
June 7, 1941
RA NO. 2630 aN ACT PROVIDING FOR REACQUISITION OF PHILIPPINE
CITIZENSHIP BY PERSONS WHO LOST SUCH CITIZENSHIP BY RENDERING
SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED FORCES
OF THE UNITED STATES
Approved, June 18, 1960
RA 8171
.
AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-BORN
FILIPINOS
APPROVED OCTOBER 3, 199530 DAYS AFTER PUBLICATION
RA NO 9139
NATURALIZATION
AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE
CITIZENSHIP FOR CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION
AND FOR OTHER PURPOSES
ADMINISTRATIVE
APPROVED JUNE 8, 200115 days following publication
Republic Act No. 9225 - approved
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE August 29, 2003 -*** 15 days
After Publication
COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES.