-Open Forum 2021 July 26-

1. Gabunada's question: What's the difference between dual citizenship and dual
allegiance?

Answer: Not much but RA 9225: We allow dual citizenship but not dual allegiance.
Dual allegiance is loyalty to two countries. Will tend to happen to those
naturalized or those who are dual citizens.

2. Obenario's question: In the 1987 Philippine Constitution Article V Section 1 -

Suffrage is allowed for those 18 y.o. and above. Why is it that 15 y.o. and above
can vote for SK?

Answer: This is the exception to the rule, due to the SK Federation Act. This is to
prepare the younger generation for the reality of elections of higher
positions/offices, from the barangay to the President.

3. Maquiso's question: Can I reacquire my Filipino citizenship if I am a natural-

born Filipino but I was naturalized in another country?

Answer: RA 9225 says Yes. You can reacquire. Government offices require that people
should be natural-born Filipino citizenships.

4. Verzales's question: Regarding Grace Poe's case, even though she is naturally-
born Filipino but she was naturalized American. When she returned to the
Philippines, she ran for Senate and President. This was very controversial. What
are your thoughts about this?

Answer: Even though she was naturalized American but due to RA 9225, she reacquired
that citizenship. Poe was a foundling and is adopted by Susan Roces and FPJ.
Another question: Poe's biological parents are unknown, so it is unknown what her
actual citizenship would be in this case? We do not have any available laws for
this case. International Law - foundling children can be recognized as citizens of
the country where the child was found.

Follow-up: What if it becomes known that her parents are actually alien?

Answer: The Supreme Court's decision remains unless a petition is filed and only
the Supreme Court can reverse their own decision

5. Alverio's question: I just read an article from Unicef Philippines. Why is it

the Philippine statutory rape age is still below 12? Shouldn't it be higher?

Answer: Attempt to have sexual intercourse with 12 y.o. and below is considered
statutory rape no matter if there was consent or there was no force UNLESS an
amendment is enacted by Congress. Laws by congress CAN ALWAYS be repealed.

Existing Anti-Child-Pornography Law: Sexual intercourse is NOT necessary in any

case.

6. Amance's question: Regular and Special Election - What are concrete examples of
special election?
Answer: Vacancy in any elective position. If we, for example, lose a mayor before
the end of his/her term, a special election may be conducted. On the part of
Estrada, when he was ousted, there was no special election because the VP assumed
his position. The VP position will then be filled by a member of the Legislature
chosen.

Regular - provided in the Constitution itself.

7. Cabansay's question: Has any Special Election occurred in modern history?

Answer: Yes, for Congress or in the local offices. 5th District- Ace Durano was
appointed as Tourism Secretary. 5th District conducted special election. More on
the local side.

--- QUESTION: Do you consider yourself a Filipino citizen? or Is anyone here not a
Filipino citizen?

Presumably none. All seem to be Philippine citizens.

Fabroa is asked on his justification: Jus sanguinis and jus soli are those
principles. ---

8. Albarracin's question: Regarding anang mga politiko sir ba, is it okay if mo

dagan bisag d natural born sa specific place?

Answer: Local officials - as long as they are Philippine citizens. It will not
matter if they were not born in the locality they are to serve.

The Philippines does not practice jus soli. It practices jus sanguinis. The United
States does practice both jus soli and jus sanguinis. Trump proposed to amend to
just jus sanguinis due to a large number of immigrants.

9. Plaza's question: Absentee voting - How do they process qualified Filipinos for
voting?

Answer: For sea-based, so long as they have a passport. Just head to the Philippine
Embassy. Only national candidates can be voted, however, not the local ones.

10. Bautista's question: If a worker is a dual citizenship, does s/he have the
choice of where to pay taxes?

Answer: If it is income tax - where s/he works is where s/he pays. If s/he works in
the Philippines, s/he pays his/her income tax here. If you derive income within or
outside the Philippines as a citizen, you are subject to income taxation here.
Double taxation - if income was earned elsewhere, that income is taxed both where
it was earned and here in the Philippines. How much Pacquiao pays in the US,
however, becomes deductible to how much he pays in the Philippines.

11. Galan's question: Suppose two tourists came here, with a child. Then they lose
their child here, then the child is somehow adopted. Is the child's citizenship
still alien or changed to Filipino?
Answer: The biological parents are known, so the child is technically still
considered alien. The adoption actually CANNOT occur in this case. The child should
adopt the citizenship of his/her biological parents, but if those parents cannot be
identified, those of the adopted parents.

12. Baracao's question: What if someone is a foreign national but has Filipino
parents? Can s/he apply for Filipino citizenship?

Answer: Yes, so long as the person meets all of the qualifications and none of the
disqualifications. Ex. - No criminal record, -

13. Cuizon's question: Suppose I am a Filipino, then I want to stay in Dubai, so I

get a citizenship there, then I want to move elsewhere, and get a citizenship there
as well, is this possible?

Answer: Yes. So long as you have all qualifications and no disqualfication. You can
even reacquire your initial citizenship.

14. Cabansay's second question: Will there be cases where someone has no
citizenship?

Answer: Yes. For example, the Rohingya tribe. Those whose citizenship is stripped
by their national government CAN be considered stateless if s/he has not sought
asylum or have not applied for citizenship in the place where they have sought
asylum.

15. Capio's question: Is it necessary to be a Philippine citizen when s/he intends

to do business here?

Answer: If it is telecommunications/power - You can do that business but you do not

have control of it. For basic industries - Philippine citizens only. Foreign
investors may join, but they cannot control the management of these industries.
SMEs - We have many foreign ones. They cannot do retail business, however, just
wholesale. Business visas are needed for foreign nationals.

16. Flores's question: If the parents are dual citizens, but they give a child
outside the Philippines, what will be the child's citizenship?

Answer: The parents' citizenship is followed. If the parents are dual citizenships,
the child is considered a dual citizen as well.

17. Verzales's second question: The Constitution cannot be bent as a rule, right?
Then Duterte has a plan to make it Federal, and he plans to bend the Constitution
to make it happen. Is this possible?

Answer: He can recommend changes but cannot change it himself. If the President
violates a constitutional provision, that can be grounds for impeachment of the
President.

18. Bacaltos's question: What if a child was born on a plane, what would be that
child's citizenship?
Answer: The parents' citizenship will be followed in this case. Which airspace can
also determine other citizenships, but unknown if it can be identified. If outer
space- no jurisdiction. If say a PAL were to land in the US and the plane has not
landed while the child is born - the child is not considered a US citizen. If that
plane were an American Airlines instead - the child is considered a US citizen.
Flag carrier planes are considered extension of the country's territory. If the
child were to be born in a foreign embassy, where jus soli applies, that child is a
citizen.

19. Alverio's second question: Jus sanguinis and jus soli?

Answer: Jus sanguinis - based on blood/parents. This is the one that is followed.
So long as one parent is Filipino, the child is recognized as a Filipino citizen
regardless of where the child was born. Jus soli - based on birthplace. This one we
do not follow, but the US does as a second principle. This is why there are a lot
of Mexican-Americans.

20. Derequito's question: If there will be an election tie for President, what will
happen?

Answer: Either toss coin or Congress will determine for National Level. For local
level, it is toss coin.

21. Gabunada's second question: On what grounds will the president be deemed
permanently disabled?

Answer: Permanently disabled = becomes a PWD. Mental incapacitation = President

should be replaced. Physical/wheelchair bound = the President CAN still serve if
his speech is not impaired or his hands can still work.

Follow-up: Is there any instance that someone wants to run for President but has a
disability such as deafness?

Answer: Though minimum qualifications are met, but practical considerations may end
up causing him/her to be disallowed from running or declared unfit to run.

22. Diaz's question: Is a change of citizenship an expensive process?

Answer: Can be quite subjective, but the payment is minimal or maybe not really
expensive. Application of citizenship is more on just documentary payments, and the
one processing causes the most expenses.

Follow-up: How long will it take?

Answer: If Filipino to another citizenship, years. If foreign to Filipino, it is

quicker.

Follow-up: Why is it quicker here than elsewhere?

Answer: There is a presumption that the person is an asset not a liability. Visas
are upon arrival.

23. Beltran's question: Is there a salary for the President and Vice President?
Answer: Yes. 400k a month for President, 300k a month for VP. They do not depend on
their salaries, though. Everything is free when they travel because of budget.

24. Amance's second question: Plebiscite vs Referendum - what is the difference?

Answer: In a referendum, we can propose something that previously was not existing
or pass a law previously NOT passed. In a plebiscite, there is already an existing
law and we simply vote.

25. Fabroa's question: What is your basis on voting for a candidate?

Answer: Local - First, more concerned of his/her track record: Educational

qualification/background, community activities, and character.

National - Educational qualification will not really matter much anymore, but the
greatest factor now is: his/her province, city, or municipality. The budget is
usually larger where the President comes from.

Follow-up: Will you vote for Sara Duterte?

Answer: If there is a Sugbuanon candidate, I'll vote for that Sugbuanon candidate.
Otherwise Sara Duterte.

26. Diaz's second question: Is someone still a valid voter if he has not voted
after a number of years?

Answer: If s/he will be still in the territory by May 9, 2022 - Reactivate.

Follow-up: How long will it be before the vote is inactivated?

Answer: Two consecutive regular elections missed - Inactivated

27. Quijano's question: Is it possible for a resident in barangay who registered in

that barangay to register in another barangay?

Answer: This is actually the case of flying voters. Before computerization of

COMELEC, there's a lot of that. By computerization, there are less and less of
these cases so it would be found out if there are flying voters.

Follow-up: Are punishments given to flying voters?

Answer: Yes, if done intentionally. If votes are given twice on the same election.
Prison sentence: 4 years and 1 day to 6 years.

28. Cardeno's question: If for example, I were a US citizen but I still have a
valid PH passport. Now that I have a valid PH passport can it still be used?

Answer: RA 9225- Dual Citizenship.

---
Scenario = Maria, a Filipino citizen, cohabits with an American citizen in 1950.
During their 1 year cohabitation, she got pregnant and delivered their child in
1951. In 1952, Maria and the American got married. in the Philippines.

1. What is the citizenship of the child under Philippine law?

Imperial's answer: The child is considered a Filipino by jus sanguinis and jus soli

Gabunada's answer: Based off 1987 Constitution and Jus Sanguinis - Filipino citizen

Cabansay's answer: Yes, based off Article IV Section 1 Paragraph 4 of the 1935
Constitution.

Actual answer: Yes. The justification is that any Filipina cohabiting with an alien
in the Philippines and not yet married - child follows mother's citizen. If married
- child follows father's citizenship unless the child later elects to be Filipino.

2. Does the child need to elect Filipino citizen to become Filipino?

Imperial's answer: Yes.

Actual answer: No. The child was already a Filipino citizen by birth.
---

29. Fabroa's question: If say you are in Cebu and you have not voted here?

Answer: You will be listed as an Inactive voter (if there is no report that the
said voter is already dead) and you will have to reactivate. There is no penalty
for not voting. Not voting also IS a right.