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Political Law

Political Law


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Published by: Chapapa on Jan 30, 2009
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2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-R
review materials, www.pinoylaw.net, etc.)

Ma. Luisa Angeles Ramos

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 RA 9225.

Instances when a citizen of the Philippines may possess dual citizenship:

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 father’s 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. [Mercado vs. Manzano, 307 SCRA 630, May
26, 1999]

Res judicata in cases involving citizenship:

General Rule: It does not apply to questions of citizenship.
Exception: In Burca vs. Republic, 51 SCRA 248, an exception to the general rule was
recognized provided the following must be present:
1.A person’s citizenship be raised as a material issue in a controversy where
said person is a party;
2.The Solicitor general or his authorized representative took active part in the
resolution thereof; and
3.The finding on citizenship is affirmed by SC.
Although the GR was set forth in the case of Moy Ya Lim Yao, the case did not
foreclose the weight of prior rulings on citizenship. It elucidated that reliance may
somehow be placed on these antecedent official findings, though not really binding, to
make the effort easier or simpler. (Valles vs. COMELEC, 337 SCRA 543, August 9,

Loss and Reacquisition of Philippine Citizenship

A.Loss of citizenship:
1.By naturalization in a foreign country
(Frivaldo vs. COMELEC, 174 SCRA
245) However, this was modified by RA 9225—An Act Making the Citizenship
of Philippine Citizens Who Acquire Foreign Citizenship Permanent

September 15, 2003 which declares the policy of the State that all Philippine
citizens who become citizens of another country shall be deemed to have lost
their Philippine citizenship under the conditions of this Act.
They may reacquire Philippine citizenship by taking the oath of allegiance
Those Filipino citizens who, after the effectivity of RA 9225, become
citizens of a foreign country, may reacquire Philippine citizenship upon
taking the oath of allegiance
Unmarried child, whether legitimate, illegitimate or adopted, below 18
years of age, of those who reacquire their Philippine citizenship upon the

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