CITIZENSHIP

ARTICLE 4 (40 QS.)

1. Santiago is a Spanish national born in Madrid Spain

to a Spanish father and a Filipina mother. How can
Santiago acquire the citizenship of his mother, if he so
chooses? Explain.

2. Andres is a natural born Filipino who was naturalized

in the United States; can Andres re-acquire Filipino
citizenship without losing his American citizenship?

3. Proserpina is a natural-born Filipino citizen having

been born of Filipino parents. In 1990, she became a
naturalized British citizen by virtue of marriage to a British
national. In 2010, she filed an application to re-acquire
Philippine citizenship before the Philippine Embassy in
London, Britain and took her oath of allegiance to the
Republic of the Philippines. In 2012, she filed an unsworn
Declaration of Renunciation of British Citizenship before
the British Embassy in Manila, which issued certifying that
she has ceased to be a British citizen. Is Proserpina
qualified to run as mayor of a city in Manila?
4. X is a natural-born Filipino. At the age of 25 years old
he applies for and becomes a naturalized American
citizen. Fifteen years of living in the U.S. made him decide
to reacquire Filipino citizenship under the Philippines’
Republic Act 9225, or the Citizenship Retention and
Reacquisition Act? What is X’s citizenship status?

5. Jason was born to a French father and a Filipina

mother in September 20, 1988. Under Philippine laws
what is Jason’s citizenship?

6. Applying for a passport for the first time, a 50 year old

woman, who has always considered herself a Filipina,
finds that her birth certificate says her father is Chinese
and her mother is Filipino. If she were to ask your legal
advice as to her citizenship, what would it be?

7. As soon as the security guard in the Philippine

embassy in Kishasa Kenya opened the door, he spotted
an infant wrapped in swaddling clothes at the door step.
Taking pity of the abandoned child, he brought the same
to the Filipino ambassador. Given the circumstances, what
would be the citizenship of the child?
8. Chao, born in 1980 in Lubao Pampaga, is the
legitimate son of a Chinese father and a Filipina mother. In
1998, Chao turned 18 years of age. He now comes to you
for legal advice asking what he must do to acquire the
citizenship of her mother. What will be your advice to
Chao?

9. Xiao Pong was born in the Philippines in 1920 to a

Korean Father and a Filipina mother. In 1950, he claimed
Philippine citizenship in accordance with Section 1(4),
Article IV, of the 1935 Constitution by executing an
affidavit of election of Philippine citizenship and took his
oath of allegiance before the lower court. However, Xiao
Pong failed to have the necessary documents registered
in the civil registry as required under Section 1 of
Commonwealth Act No. 625. Is Xiao Pong an
undocumented alien?

10. Jose and Maria Ramos, both Filipinos, decided to get

married after learning that Maria pregnant. When Maria
was 9 months pregnant, couple made a trip to the
America. As soon as the plane landed in Dallas Airport
Texas, U.S.A. Maria gave birth to a healthy baby boy. The
couple then sought to register the boy, whom they named
Benjamin Franklin Ramos, as a U.S. citizen with the Texas
Civil Registry. Assuming Philippine laws adhere to the jus
sanguinis principle while the U.S. adopts the jus soli
principle, what is Benjamin Franklin’s citizenship status?

11. What does it mean to be a Filipino at birth? Explain

your answer.

12. Differentiate the legal principles of jus soli and jus

sanguinis based on their implications to a person’s
citizenship.

13. XXX is a legitimate child born under the 1935

Constitution of a Filipino mother and an alien father. XXX
has been staying continuously and uninterruptedly in the
Philippines, practicing his profession as a nurse and a
registered voter of the country. Can XXX validly elect
Philippine citizenship twenty (20) years after he has
reached the age of majority?

14. Because of his earnest desire to uplift the standard of

living of his family in the Philippines, Domingo, a Filipino
citizen, was encouraged to apply for and join the armed
forces of Japan as a commissioned officer. With this act,
does Domingo lose his Filipino citizenship?
15. Petra, a Filipina, marries Vaughn, a Dutch citizen.
Does Petra acquire the citizenship of her foreign husband
even if by virtue of the laws in force of her husband's
country, she will not acquire his nationality?

16. Martha, a Filipino, lost her Philippine citizenship by

virtue of her marriage to Alex, a naturalized American
citizen including their minor children, on account of
political or economic necessity, may reacquire Philippine
citizenship. Due to differences, the couple eventually got a
divorce in America. Assuming Martha wants to regain her
Filipino citizenship, what steps must she take to reacquire
the same?

17. Olive, Filipina, marries a Chinese citizen and acquires

the nationality of her husband. While vacationing in the
Philippines, she committed murder of a Filipino and
thereafter imprisoned in the national penitentiary. Should
Martha later decide to reacquired her Filipino citizenship,
is her conviction for murder sufficient ground for the denial
of her application?

18. Carlos, son of Filipino parents is a natural born citizen

of the Philippines. As such, what are his rights as a
Filipino citizen?
19. Carl, a natural born Filipino citizen, immigrates to
Australia and becomes a citizen therein. After ten years in
Australia as a citizen, Carl decides to once again become
a Filipino, thus applying for Dual Citizenship under
Republic Act 9225. In t he coming 2016 elections, Carl
files a Certificate of Candidacy for mayor or the City of
Tagas. Having won the elections, Carl’s opponent Shine
files a petition before the Comelec to disqualify him
because of alleged dual allegiance. Rule on the merit of
the petition.

20. Romeo was born of Filipino parents in Pasadena

California in 1960. A resident of the Philippines he was
issued by the Bureau of Immigration an Alien Certificate of
Registration. He registered as voter in the Philippines. In
the 2016 elections for councilor of the city of Ligao, he run
and won against his rivals. But his proclamation was
suspended after a petition was filed by his opponent on
the ground that he is not a citizen of the Philippines but of
the United States and as such is disqualified to run for
public office. Is Romeo disqualified from holding public
office as mayor being a registered alien with the BI?

21. Does a Filipino lose his citizenship if he goes to a

foreign country as a mercenary in support of a foreign
government engaged in a civil war with foreign rebels?
22. Horacio is a natural-born Filipino citizen but was
naturalized as citizen of the United States of America
(USA). He applied for repatriation before the Consul
General of the Philippines in New York USA, took an Oath
of Allegiance to the Republic of the Philippines and
executed an Affidavit of Renunciation of his foreign
citizenship. Horacio filed his Certificate of Candidacy
(CoC) for the mayoralty post of Lamitan Basilan for the
May 10, 2010 national and local elections. Will a petition to
disqualify him prosper on the ground that remained a US
citizen for continuously using his US passport for entry to
and exit from the Philippines?

23. Tacio is disqualified by the Comelec from running as

barangay chairman on the ground that he is an American
citizen. He wins by a landslide vote in the elections held,
was proclaimed and started discharging his duties as
barangay chairman. Can Tacio validly claim that having
been elected by a landslide vote the people has spoken
which effectively overrode the Comelec’s decision to
disqualify him? Explain.

24. Roy is a dual citizen of the Philippines and the United

States being concurrently a citizen of both countries under
their respective laws. Can Roy, a dual citizen, validly run
for a local elective post in the Philippines? Explain your
answer.
25. During the Second World War when the Japanese
Army occupied the Philippines. A member of the Filipino
army, Telesforo, to save himself from Japanese atrocities,
deserted the Philippine army and started collaborating with
the Japanese occupiers. After liberation, Telesforo was
accused, tried and convicted for treason and desertion. He
was imprisonment and stripped of his citizenship by the
court. In his defense, he argued that since the country was
under foreign occupation, the operation of the1935
Constitution and local laws was suspended. As such he
could not be penalized, must less be stripped of his
Filipino citizenship under the domestic laws. Rule on the
validity of Telesforo’s argument.

26. Passing by a convent, Mang Kanor heard an infant

crying. On closer investigation, he discovered an
abandoned baby outside the convent. Filled with pity,
Mang Kanor decided to bring the infant home and raise
him as his own by adopting him legally. He named the
child Johnny. Johnny grew up to be a handsome teenager
with fair skin, blue eyes and blonde hair. He possesses all
the features of foreign ancestry. When Johnny turned into
an adult, he ran for congressman of their district. His
opponent sought Johnny’s disqualification on the ground
that his physical feature clearly indicate that his biological
parents were aliens and as such he could not possibly be
a natural born citizen as required by law. Is Johnny
ineligible to run for congressman?

27. Amado is a natural born Filipino citizen. However, he

applied for and became a naturalized Canadian citizen.
Thereafter, Arnado applied for repatriation and took the
Oath of Allegiance to the Republic of the Philippines.
Accordingly, he executed Affidavit of Renunciation of his
Canadian citizenship. Amado then filed his Certificate of
candidacy for congressman of his district in Lamitan. His
opponent for candidacy filed a petition to disqualify Amado
and/or to cancel his COC on the ground that records in the
Bureau of Immigration show that Amado has been
consistently using his Canadian Passport in entering and
departing the Philippines. Should Amado be disqualified
from running in the elections for using his Canadian
passport?

28. In 1990, B and C became naturalized Filipino citizens

when they renounced their American citizenship. Their 3
children named James, Joseph and John aged 6, 15, and
25 respectively. What is the effect of B and C’s
naturalization on their 3 children?

29. Dannybon is the illegitimate child of James Smith, an

American stationed in Clark airbase, and his live in
partner, Magdalena, a Filipina working as a dancer in one
of the clubs of the U.S. airbase. Is Dannybon a natural
born Filipino citizen?

30. Dannybon, born in Pampanga, to a Filipina mother

and American father who live together without the benefit
of marriage. Is Dannybon required to elect his citizenship
upon reaching the age of majority?

31. Xiao Long and Bo Cai, Chinese citizens. During their

residence in Shanghai, China, Lingling was born in 2010.
They became naturalized Filipino citizens in the year
2013. In 2015 another daughter named Suyin was born in
Manila. What is the effect of Xiao Long and Bo Cai’s
naturalization to their 2 minor children?

32. Bertrand is the legitimate child of a British father and

a Filipina mother. Upon reaching the age of 40 years old,
or twenty-two years after reaching the age of majority,
Bertrand decided to follow the citizenship of his mother
and thus elect to become a Filipino citizen. The solicitor
general opposes his bid to be Filipino citizen on the
ground that an unreasonable amount of time has lapsed
after Bertrand chose to become a Filipin citizen. Rule on
the Solgen’s argument.
33. Michelle, an American national, marries Benito, a
Filipino citizen. They decided to take residence in Makati,
Philippines. Does Michelle automatically acquire Filipino
citizenship by virtue of her marriage to Benito? Explain
your answer.

34. Hillary, a Canadian national, marries Miko, a Filipino.

Assuming Hillary has had a child, named Mary, sired from
a previous marriage to Bill, an American, will Mary
become a Filipino citizen by virtue of Hillary’s marriage to
Miko? Explain your answer.

35. Caw Ki is the illegitimate son of a Filipino father and a

Vietnamese mother. What is the citizenship status of Caw
Ki?
36. Laurente is the legitimate child of a Russian father,
and a Filipino mother. He was born on March 16, 1959 in
Davao City and did not elect Philippine citizenship upon
reaching the age of majority. Twelve (12) years after
reaching the age of majority, he executed an Oath of
Allegiance to the Republic of the Philippines. Said
document was notarized but not recorded and registered
with the Local Civil Registrar of Davao City. Was
Laurente’s election of Philippine citizenship, made twelve
(12) years after reaching the age of majority, considered to
have been made "within a reasonable time" as interpreted
by jurisprudence?
37. Cathy, a Filipina, marries Ubomo, an Ugandan
national. However, Ugandan law does not grant automatic
citizenship to a foreign wife who marries an Ugandan
national unlike under Philippine laws insofar as Filipina
who marries a foreign national. Will Cathy’s marriage to
Ubomo, result in automatic loss of Filipino citizenship?

38. Under Commonwealth Act No. 63 a deserter is one of

the grounds to lose Filipino citizenship. Sgt. Tapang, a
non-commissioned personnel of the AFP, went AWOL or
on absence without leave because he could no longer
tolerate corruption by the generals in the army.
Accordingly, Sgt. Tapang was declared a deserter by his
commanding officer filed a petition in court to divest him of
his citizenship. Sgt. Tapang, in his defense, argues that he
cannot be declared a non-Filipino because desertion can
only be committed in times of war. Is Sgt. Tapang’s
contention valid?
39. Cardo lost his Filipino citizenship after he took an oath
of allegiance to the constitution of the United States. As a
former Filipino citizen, what are the consequences of his
renunciation?

40. Can a Filipino lawyer who later becomes a

naturalized British citizen and later reacquires his Filipino
citizenship under RA 9225, otherwise known as the
Citizenship Retention and Re-acquisition Act of 2003
automatically regains his right to practice law in the
Philippines?

ARTICLE 5
SUFFRAGE (16QS.)
1. Petitioner was convicted of murder by final judgment
and sentence to suffer a penalty of reclusion perpetua
which carried the accessory penalty of perpetual absolute
disqualification. The president issued an order commuting
his prison term to sixteen (12) years, three (3) months and
three (3) days. After serving the same, petitioner applied
to register as a voter in Daet Camarines Norte. However,
because of his previous conviction, his application was
denied by the Comelec on account of his perpetual
absolute disqualification which in effect, deprived him of
the right to vote in any election, prompting him to file a
Petition for Inclusion in the Permanent List of Voters. If
you were the judge, would you or would you not grant the
petition for inclusion?

2. Ka. T is a member of KilusangMagpapalaya ng Bayan

(KMB), a group waging an armed rebellion in Southern
Philippines. In an encounter with the military Mr. T is
among those arrested by the military. He is eventually
charged and convicted for rebellion. While in detention
inside the national penitentiary, KMB entered into a peace
pact with the government which resulted in the grant of
amnesty to the rebels. In case Ka T registers to vote,
should the Comelec approve his application considering
his prior conviction?

3. Samson is a Filipino national and green card holder

residing in California U.S.A. As a long time resident of the
United States will Samson violate the one (1) year
residency if he were to register as a voter and allowed to
vote in the Philippines?

4. Congress passes a law that requires biometrics

validation. Voters who fail to submit for validation on or
before the last day of filing of application for registration for
purposes of the elections shall be deactivated. Petitioners
challenge the constitutionality of the law, arguing that non-
compliance with the same results in the penalty of
deactivation from the list of voters which, according to
petitioners has risen to the level of an unconstitutional
substantive requirement in the exercise of the right of
suffrage. If you were the judge how would you resolve the
petition?

5. A natural born Filipino from Samar, who worked as a

nurse and thereafter acquired American citizenship, files a
certificate of Candidacy as mayor in Leyte, his hometown.
In the COC, he claims that - He is a resident of Samar for
1 year and 11 days prior to the elections of May 2012. On
February 2012, he obtained a Community Tax Certificate
(CTC) from the municipal treasurer of Samar. On March
2012 took his Oath of Allegiance before the Vice Consul of
the Philippine Consulate in California. He went back to the
US and stayed there for 10 days in January 2012 in order
to wind up his affairs, particularly to sell his house in
America. Upon his return, executed a Sworn Renunciation
of Any and All Foreign Citizenship. On May 3 2012, he
went to Samar to apply for voter's registration. His
opponent filed a disqualification/cancellation of COC
before the Comelec on the ground that he failed to fulfill
the one-year residency requirement laid down by the Local
Government Code, that his stay in the country in 2012 was
not continuous for one year as he would leave the country
for the United States every now and then in 2012. If you
were a commissioner of the Comelec tasked to write the
resolution, how would you decide?

6. Honesto was a natural born Filipino who was born

and raised in Batanes. He worked in Australia and
became a Canadian citizen. In the May 2013 elections, he
came back to Batanes to register to vote. When his
application was denied, he claimed that he did not
abandon his domicile but only left for Australia to seek a
better life for him and his family, i.e. to seek for the
proverbial greener pasture. In short, he claimed that he
never had the intention to abandon his place of residence
as he would always return during his vacation from work in
Australia. Did Honesto abandon his domicile for purposes
of his voter’s application?

7. Carlos, a native of Maguindanao who belongs to an

ethnic tribe. Having no formal education, Carlos cannot
sign his name nor read rudimentary English script but sign
using his thumbmark. Can Carlos be prevented from
applying for a voter’s registration considering his
circumstance?

8. Damian is a resident of Lamitan, Basilan. He went to

the United States to work as a contract worker. Thereat,
he applies for residency which remains pending but goes
back to Lamitan every now and then while waiting for
approval of his immigration papers in the States. Is Carlos
disqualified to vote in his hometown in Basilan?

9. Kardo was charged and sentenced to 2 years

imprisonment for committing the crime of falsification. He
is imprisoned until 2010 and set free after serving his
sentence. Seven (7) years after, Kardo decides to register
with the Comelec as a voter in his home province of
Bohol. Is Kardo qualified to vote?
10. Sonny is a dual citizen being a Canadian and a
Filipino having reacquired his Filipino citizenship under
Republic Act No. 9225. His family is now residing in
Ontario Canada for the last 15 years. While vacationing in
his home province of Baguio in January 10, 2022, Sonny
decides to vote in the 2022 general elections. So in
February 2022 he goes to the Comelec office in Quezon
City to register as voter. Should Sony’s application to vote
be granted?

11. Marco, a natural born Filipino citizen, is granted

American citizenship after years of stay in the States. He
applied for and was granted the benefits of the Dual
Citizenship law and as such becomes an American and
Filipino Citizen. In an affidavit, he renounces his American
citizenship in his bid to be exclusively a Filipino in order to
be qualified to run as mayor of San Fernando Pampanga,
his home province. However, despite the renunciation of
his U.S. citizenship, he uses his U.S. passport every time
he travels abroad. A petition is filed by his rival to cancel
his certificate of candidacy on t he ground that he is not a
citizen and could not therefore take residence in the
Philippines? Resolve the petition.
12. Quintero is a known drug user in the community, a
trouble maker and reputedly known to be crazy or insane
by his family. Will this reputation disqualify him as a voter?

13. Comelec issues a resolution requiring new voter

registrants to present a voter’s identification or any proof
of Comelec registration in order to vote in the general
elections of 2022. Asuncion, having been unable to
present proof as required is prevented by the election
officer to vote. As a consequence, Asuncion challenges
the constitutionality of the Comelec resolution which she
claims is to add another requirement to the right which is
not sanctioned and required in the constitution. Resolve.

14. A law is passed creating a new congressional district

in the City of Det, thereby adding district 3 on the already
existing 2 districts. The law disqualifies the voters of the
newly created District 3 from voting in the scheduled
plebiscite. Is the law constitutional?

15. Ramos was born and raised in Tarlac. He resided in

the said province from birth until the age of 40. At age 41,
he rented a house in Quezon city, staying thereat for 10
years. Although every now and then he would return to
Tarlac and celebrate major events of his life in Tarlac. He
ran for congressman of Tarlac. His opponent challenges
his candidacy on the ground that his domicile is now in
Quezon City after he transferred to and established his
residence in said city. Where is Ramos’ domicile for
purposes of voting and running for congress?

*16. Ka Diwang, a member of the Negrito tribe of

Pampanga, comes to you in behalf of his tribesmen to ask
for advice on the nature of the right to vote, particularly as
to its benefits and import to their tribe. As a law graduate
what advice can you give to Ka Diwang to encourage him
and his people to register and participate in the elections?