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VIII. CITIZENSHIP
TOPIC OUTLINE UNDER THE SYLLABUS
A. WHO ARE FILIPINO CITIZENS
B. MODES OF ACQUIRING CITIZENSHIP
C. LOSS AND RE-ACQUISITION OF
PHILIPPINE CITIZENSHIP
D. DUAL CITIZENSHIP AND ALLEGIANCE
POLITICAL & INTERNATIONAL LAW
CITIZENSHIP
What is Citizenship
Citizenship is a legal device denoting political
affiliation. (David v. Senate Electoral Tribunal, G.R.
No. 221538, September 20, 2016.)
It is one's "personal and … permanent membership
in a political community. … The core of citizenship is
the capacity to enjoy political rights, that is, the right
to participate in government principally through the
right to vote, the right to hold public office[,] and the
right to petition the government for redress of
grievance.” (Go v. Republic of the Philippines, G.R.
202809, July 2, 2014, citing Bernas, The 1987
Constitution of the Republic of the Philippines: A
Commentary, 2009)
A. WHO ARE FILIPINO CITIZENS
The following are citizens of the Philippines:
(d) Those who are citizens of the Philippines at
the time of the adoption of the 1987
Constitution.
(e) Those whose fathers or mothers are citizens
of the Philippines.
(f) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
(g) Those who are naturalized in accordance
with law. (PHIL CONST., art. IV, § 1)
Citizens at the time of adoption of the 1987
Constitution
Philippine citizens at the time of the adoption of the
1987 Constitution were those who were citizens
under the 1973 Constitution. In turn, citizens of the
Philippines at the time of the adoption of the 1973
Constitution are those who were citizens under the
1935 Constitution. Thus, what determines citizenship
is the Constitution in effect at the time of a person’s
birth.
Children of Filipino fathers or mothers
If a child is born under the 1973 or 1987 Constitution
and either his father or mother is a Filipino citizen at
the time the child is born, the child is a Filipino citizen
no matter where he may be born. This is how the
principle of jus sanguinis is applied in the 1987
Constitution. (Bernas, The 1987 Philippine
Constitution: A Comprehensive Reviewer, 2011)
Illegitimate Child of a Filipina Mother
The citizenship of an illegitimate child of a Filipina
mother is Filipino. This is true whether the child be
born under the 1935 or under the
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1973 or 1987 Constitution. (Bernas, The 1987
Philippine Constitution: A Comprehensive Reviewer,
2011)
Illegitimate Child of a Foreign Mother
 If the father is unknown, follow the mother's
citizenship.
 If the father is known and is Filipino, the
illegitimate child is considered Filipino after
proving the paternity. (Tecson v.
COMELEC, G.R. No. 161434, March 3,
2004)
Election of Philippine Citizenship
Those born under the 1935 Constitution whose
mothers were Philippine citizens (at the time at least
of their marriage to an alien father) may elect
Philippine citizenship.
The Court interprets Section 1, Par. 3 of Article IV of
the Philippine Constitution as applying not only to
those who elect Philippine citizenship after February
2, 1987 but also to those who, having been born of
Filipino mothers, elected citizenship before that date.
The provision in Paragraph 3 was intended to correct
an unfair position which discriminates against Filipino
women. (Co v. House of Representatives Electoral
Tribunal, G.R. Nos. 92191-92 & 92202-03, July 30,
1991.)
(h) Prior to the 1973 Constitution - If a Filipina
married an alien, she loses her Filipino
citizenship. Hence, her child would have to
elect Filipino citizenship upon reaching the
age of majority.
(i) Under the 1973 Constitution - Children born
of Filipino mothers were already considered
Filipinos.
(j) Therefore, the provision on election of
citizenship under the 1987 Constitution only
applies to those persons who were born
under the 1935 Constitution.
In order for the children to elect Filipino citizenship,
the mother must have been Filipinos at the time of
their marriage (Cu v. Republic, G.R. No. L-3018, July
18, 1951; Villahermosa v. Commissioner of
Immigration, G.R. No. L-1663, Mar. 31, 1948)
The election must be made within a reasonable
period after reaching the age of majority. The phrase
"reasonable time" has been interpreted to mean that
the elections should be made within three (3) years
from reaching the age of majority. (Cuenco v. Sec. of
Justice, G.R. No. L-18069, May 26, 1962; Cabiling v.
Commissioner Fernandez Jr., G.R. No. 183133, July
POLITICAL & INTERNATIONAL LAW
26, 2010, Bernas, The 1987 Philippine Constitution:
A Comprehensive Reviewer, 2011)
Kinds of citizenship
(k) Natural born citizens
(l) Naturalized citizens
Who are Natural Born Citizens
(a) Those who are citizens of the Philippines
from birth without having to perform any act
to acquire or perfect their Philippine
citizenship (Phil Const., art. IV, § 2)
“Having to perform an act” means that the act must
be personally done by the citizen.
The process is certainly not analogous to
naturalization proceedings to acquire Philippine
citizenship, or the election of such citizenship by one
born of an alien father and a Filipino mother under
the 1935 Constitution, which is an act to perfect it.
(Poe-Llamanzares v. COMELEC, G.R. No. 221697,
March 8, 2016)
(b) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority
(Phil Const., art. IV, § 2)
(c) Those who were repatriated and were
originally natural born citizens (Bengzon v.
HRET, G.R. No. 142840, May 7, 2001)
Who are Naturalized Citizens
Foreigners adopted into the political body of a nation
and clothed with the privileges of a citizen. (So v.
Republic, G.R. No. 170603, Jan. 29, 2007)
Natural Born Citizens v. Naturalized Citizens
In general, the law cannot treat Natural Born Citizens
and those who were naturalized differently except in
the instances where the Constitution itself makes a
distinction. Otherwise there would be a violation of
the equal protection clause. (Bernas, The 1987
Constitution of the Republic of the Philippines: A
Commentary, 2009)
Natural Born Citizens & Public Office
Under the Constitution, the following must be natural-
born citizens:
1. President (PHIL CONST., art. VII, § 2)
2. Vice-President (PHIL CONST., art. VII, § 3)
3. Members of Congress (PHIL CONST., art. VI § 3 &
6)
4. Justices of SC and lower collegiate courts (PHIL
CONST., art. VIII, § 7(1))
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5. Ombudsman and his deputies (PHIL CONST., art.
XI, § 8)
6. Members of Constitutional Commissions:
 CSC (PHIL CONST., art. IX-B, §1(1))
 COMELEC (PHIL CONST., art. IX-C, §1)
 COA (PHIL CONST., art. IX-D, § 1(1))
 Members of the central monetary authority
(PHIL CONST., art. XII, § 20)
 Members of the Commission on Human
Rights (PHIL CONST., art. XIII, § 17(2))
Former Filipino Citizens Running for Public
Office
Natural-born Filipinos who have been naturalized
elsewhere and wish to run for elective public office
must comply with all of the following requirements:
1. Taking the oath of allegiance to the Republic.
This effects the retention or reacquisition of one's
status as a natural-born Filipino. This also
enables the enjoyment of full civil and political
rights, subject to all attendant liabilities and
responsibilities under existing laws, provided the
solemnities recited in Section 5 of Republic Act
No. 9225 are satisfied.
2. Making a personal and sworn renunciation of any
and all foreign citizenship before any public
officer authorized to administer an oath. This,
along with satisfying the other qualification
requirements under relevant laws, makes one
eligible for elective public office.
FOUNDLINGS
Natural Born Citizens
As a matter of law, foundlings are as a class, natural-
born citizens. While the 1935 Constitution’s
enumeration is silent as to foundlings, there is no
restrictive language which would definitely exclude
foundlings either.
No such intent or language in the Constitution
permits discrimination against foundlings. On the
contrary, all three Constitutions (1935, 1973, 1987)
guarantee the basic right to equal protection of the
laws. All exhort the State to render social justice.
Domestic laws on adoption also support the principle
that foundlings are Filipinos.
Foundlings are likewise citizens under international
law:
 A foundling is presumed to have the
"nationality of the country of birth”. (Article
14, 1930 Hague Convention on Certain
Questions Relating to the Conflict of
Nationality Laws)
POLITICAL & INTERNATIONAL LAW
 A foundling is presumed born of citizens of
the country where he is found. (Article 2,
1961 UN Convention on the Reduction of
Statelessness.) (Poe-Llamanzares v.
COMELEC, G.R. Nos. 221697 & 221698-
700, March 8, 2016)
The conclusion that Petitioner is a natural-born
Filipina is based on fair and reasonable reading of
constitutional provisions, statutes, and international
norms having the effect of law, and on the evidence
presented before the COMELEC. (Poe-Llamanzares
v. COMELEC, G.R. No. 221697, 221698-70, March
6, 2018; Leonen, J., Concurring Opinion)
The words of our most fundamental law cannot be
read so as to callously exclude all foundlings from
public service. When the names of the parents of a
foundling cannot be discovered despite a diligent
search, but sufficient evidence is presented to
sustain a reasonable inference that satisfies the
quantum of proof required to conclude that at least
one or both of his or her parents is filipino, then this
should be sufficient to establish that he or she is a
natural-born citizen. (David v. SET, G.R. No. 221538,
Sept. 20, 2016)
Treaties & Status of Foundlings
Congress has enacted statutes founded on the
premise that foundlings are Filipino citizens at birth.
It has adopted mechanisms to effect the
constitutional mandate to protect children. Likewise,
the Senate has ratified treaties that put this mandate
into effect.
Section 4(b) of the Republic Act No. 9344 defines the
"best interest of the child" as the "totality of the
circumstances and conditions which are most
congenial to the survival, protection and feelings of
security of the child and most encouraging to the
child's physical, psychological and emotional
development."
Consistent with this statute is our ratification of the
United Nations Convention on the Rights of the Child.
This specifically requires the states-parties'
protection of: first, children's rights to immediate
registration and nationality after birth; second,
against statelessness; and third, against
discrimination on account of their birth status. The
Philippines likewise ratified the 1966 International
Covenant on Civil and Political Rights. As with the
Convention on the Rights of the Child, this treaty
requires that children be allowed immediate
registration after birth and to acquire a nationality.
(David v. SET, G.R. No. 221538, Sept. 20, 2016)
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B. MODES OF ACQUIRING CITIZENSHIP
1. Jus sanguinis - acquisition of citizenship on the
basis of blood relationship
2. Jus soli - acquisition of citizenship on the basis
of place of birth
3. Naturalization - the legal act of adopting an
alien and clothing him with the privilege of a
native born-citizen
(Bernas, The 1987 Constitution of the Republic
of the Philippines: A Commentary, 2009)
Two ways of acquiring citizenship in the
Philippines
Basic Philippine law follows the rule of jus sanguinis
and provides for naturalization. (Bernas, The 1987
Philippine Constitution: A Comprehensive Reviewer,
2011)
Naturalization is a mode for both acquisition
(governed by CA 473) and reacquisition (governed
by CA 63) of Philippine citizenship.
NATURALIZATION
What is naturalization
Naturalization signifies the act of formally adopting a
foreigner into the political body of a nation by clothing
him or her with the privileges of a citizen. (So v.
Republic, G.R. No. 170603, Jan. 29, 2007)
Three Modes of Naturalization
(a) Administrative Naturalization (R.A. No. 9139)
(b) Judicial Naturalization (C.A. No. 473)
(c) Legislative Naturalization in the form of a
law enacted by Congress granting
Philippine citizenship to an alien
C.A. No. 473 v. R.A. No. 9139
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. (So v. Republic, G.R. No. 170603,
Jan. 29, 2007)
a. C.A. No. 473
Qualifications
1. Not less than twenty-one years of age on the day
of the hearing of the petition;
POLITICAL & INTERNATIONAL LAW
2. Resided in the Philippines for a continuous period
of 10 years or more;
3. Of good moral character; believes in the
principles underlying the Philippine Constitution;
conducted himself in a proper and irreproachable
manner during the entire period of his residence
towards the government and community
4. Must own real estate in the Philippines worth
P5,000 or more OR must have lucrative trade,
profession, or lawful occupation;
5. Able to speak or write English or Spanish or
anyone of the principal languages; and
6. Enrolled his minor children of school age in any
of the recognized schools where 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. (C.A. 473, § 2)
Special Qualifications
(ANY will result to reduction of the 10-year period of
continuous residency requirement to 5 years under
no. 2 above)
1. Having honorably held office under the
Government of the Philippines or under that of
any of the provinces, cities, municipalities, or
political subdivisions thereof;
2. Established a new industry or introduced a useful
invention in the Philippines;
3. Married to a Filipino woman;
4. 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 2 years or more; or
5. Born in the Philippines (C.A. 473, § 3)
Denaturalization: Cancellation of
Certificate of Naturalization
(a) If it is shown that said naturalization
certificate was obtained fraudulently or
illegally.
(b) If the person naturalized shall, within the five
years next following the issuance of said
naturalization certificate, return to his native
country or to some foreign country and
establish his permanent residence there:
Provided, That the fact of the person
naturalized remaining for more than one year
in his native country or the country of his
former nationality, or two years in any other
foreign country, shall be considered as prima
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facie evidence of his intention of taking up his
permanent residence in the same.
(c) If the petition was made on an invalid
declaration of intention.
(d) If it is shown that the minor children of the
person naturalized failed to graduate from a
public or private high schools recognized by
the Office of Private Education of the
Philippines, where Philippine history,
government and civics are taught as part of
the school curriculum, through the fault of
their parents either by neglecting to support
them or by transferring them to another
school or schools. A certified copy of the
decree cancelling the naturalization
certificate shall be forwarded by the clerk of
the Court to the Department of the Interior
and the Bureau of Justice.
(e) If it is shown that the naturalized citizen has
allowed himself to be used as a dummy
requiring Philippine citizenship as a requisite
for the exercise, use or enjoyment of a right,
franchise or privilege (C.A. No. 473, § 18)
b. R.A. No. 9139
Qualifications
1. The applicant must be born in the Philippines and
residing therein since birth;
2. The applicant must not be less than eighteen (18)
years of age, at the time of filing of his/her
petition;
3. 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;
4. 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;
5. The applicant must have a known trade,
business, profession or lawful occupation, from
which he/she derives income sufficient for his/her
POLITICAL & INTERNATIONAL LAW
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;
6. The applicant must be able to read, write and
speak Filipino or any of the dialects of the
Philippines; and
7. 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 (R.A No. 9139, § 3)
Disqualifications
(a) Those opposed to organized government or
affiliated with any association of group of
persons who uphold and teach doctrines
opposing 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.
(R.A. No. 9139, § 4)
c. Effects of Judicial Naturalization
Effects
(a) The legitimate minor children of the
naturalized father become Filipinos as well.
(b) The wife also becomes a Filipino citizen,
provided that she does not have any
disqualification which would bar her from
being naturalized. (C.A. No. 473, § 15, Tuang
v. Galang, G.R. No. L-18775, Nov. 30, 1963)
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Naturalization & Res Judicata
A naturalization proceeding not being a judicial
adversary proceeding, the decision rendered therein
is not res judicata as to any of the reasons or matters
which would support a judgment cancelling the
certificate of naturalization for illegal or fraudulent
procurement (Republic v. Go Bon Lee, G.R. No. L-
11499, Apr. 29, 1966)
Pursuant to P.D. No. 836 and 923, naturalization
extends to the alien wife and minor children of the
person naturalized upon the wife's showing that she
does not suffer from any of the disqualifications under
Letter of Instructions No. 270, and that she and her
minor children reside permanently in the Philippines
at the time of her husband's naturalization. In other
words, the only persons to undergo the proceeding
before the Special Committee on Naturalization will
only be the person naturalized and his wife. The
minor children, in the words of Letter of Presidential
Decree No. 836, follow the acquired Filipino
citizenship of their mother. (Republic v. Lao, G.R.
Nos. 205218 & 207075, Feb. 10, 2020)
When Res Judicata Applies
Res judicata may only be applied in cases of
citizenship when the following concur:
1. A person's citizenship must 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;
The finding on citizenship is affirmed by the Supreme
Court. (Go v. Bureau of Immigration and Deportation,
G.R. no. 191810, Jun. 22, 2015)
C. LOSS AND REACQUISITION OF
CITIZENSHIP
Philippine citizenship may be lost or reacquired in the
manner provided by law (PHIL CONST., art. IV, § 3)
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. (PHIL CONST., art. IV, § 4)
a. Losing Citizenship
(a) Naturalization in a foreign country (C.A. 63, §
1(1))
(a) Express renunciation or expatriation (CA 63,
§1(2))
(b) Taking an oath of allegiance to another
country upon reaching the age of majority;
POLITICAL & INTERNATIONAL LAW
(c) Marriage by a Filipino woman to an alien, if
by the laws of her husband’s country, she
becomes a citizen thereof.
(d) Accepting a commission and serving in the
armed forces of another country, unless
there is an offensive/defensive pact with the
country, or it maintains armed forces in RP
with RP’s consent;
(e) Denaturalization;
(f) Being found by final judgment to be a
deserter of the AFP
b. Reacquiring Citizenship
Citizenship may be Reacquired by:
(a) Repatriation
(b) Naturalization
(c) Legislative Act
REPATRIATION
Repatriation results in the recovery of the original
nationality. 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.
(Bengzon v. HRET, G.R. No. 142840, May 7, 2001)
Natural-born Filipinos who are deemed to have lost
their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath
of allegiance and filing the same with the civil registry.
(C.A. No. 63, sec. 4)
Repatriation Not a Matter of Right
Repatriation is not a matter of right, but it is a privilege
granted by the State. The State has the power to
prescribe by law the qualifications, procedure, and
requirements for repatriation. It has the power to
determine if an applicant for repatriation meets the
requirements of the law for it is an inherent power of
the State to choose who will be its citizens, and who
can reacquire citizenship once it is lost. (Tabasa v.
CA, G.R. No. 125793, Aug. 29, 2006)
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. He would not even need to
file a petition in court. (Bengson III v. HRET, G.R.
No.142840, May 7, 2001)
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Who May be Repatriated:
(a) Filipino women who have lost their Philippine
citizenship by marriage to aliens
(b) Natural-born Filipinos who have lost their
Philippine citizenship, including their minor
children, on account of political or economic
necessity (R.A. No. 8171, § 1)
How is Repatriation Effected
1. By taking the necessary oath of allegiance to the
Republic of the Philippines.
2. Registration in the proper civil registry and in the
Bureau of Immigration.
The Bureau of Immigration shall thereupon cancel
the pertinent alien certificate of registration and issue
the certificate of identification as Filipino citizen to the
repatriated citizen (R.A. No. 8171, § 2)
Who Cannot be Repatriated (OVM2)
(a) Person Opposed to organized government or
affiliated with any association or group of
persons who uphold and teach doctrines
opposing organized government;
(b) Person defending or teaching the necessity
or propriety of Violence, personal assault, or
association for the predominance of their
ideas;
(c) Person convicted of crimes involving Moral
turpitude; or
(d) Person suffering from Mental alienation or
incurable contagious diseases. (R.A. No.
8171, § 1)
Effective Date of Repatriation
The effective date is the date of application for
repatriation not the date when repatriation was
approved (Lee v. Commission on Elections &
Frivaldo, G.R. No. 120295, June 28, 1996)
Repatriation under R.A. No. 9225
Citizens who lost their citizenship by reason of their
naturalization as citizens of a foreign country are
deemed to have reacquired their Philippine
citizenship upon taking the oath of allegiance.
This reacquisition works to restore natural-born
status as though it was never lost at all.
Reacquisition v. Retention
Natural-born Filipinos who have lost their citizenship
by naturalization in a foreign country shall re-acquire
their Philippine citizenship upon taking the oath of
allegiance to the Republic of the Philippines.
POLITICAL & INTERNATIONAL LAW
Natural-born Filipinos who became foreign citizens
after R.A. 9225 took effect, shall retain their
Philippine citizenship upon taking the same oath. The
taking of oath of allegiance is required for both
categories of natural-born Filipino citizens who
became citizens of a foreign country. (David v.
Agbay, G.R. No, 199113, March 18, 2015)
Repatriation and Domicile
To reacquire domicile he must provide proof of intent
to stay in the Philippines. After he does that, his
occasional absence from the recovered domicile
does not have the effect of removing him from the
domicile for as long as he manifests animus manendi
et revertendi.
The domicile is not established strictly from the time
that a person was repatriated under R.A. No. 9225.
The Court said that other evidence may be admitted
to determine the time that domicile is established.
Also, issue of residence could be decided particularly
on the facts-of-the-case basis, as what would a
series of jurisprudence would also dictate. Hence,
domicile cannot strictly be established only from a
person’s repatriation. (Poe-Llamanzares v. Comelec
et al., G.R. Nos. 221697 & 221698-700, March 8,
2016)
D. DUAL CITIZENSHIP AND DUAL
ALLEGIANCE
Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law. (PHIL CONST.,
art. 4, § 5)
Dual Citizenship
Allows a person who acquires foreign citizenship to
simultaneously enjoy the rights he previously held as
a Filipino citizen. This is completely voluntary, and
results in the application of different laws of two or
more states to a dual citizen.
Dual Allegiance
a. Aliens who are naturalized as Filipinos but
remain loyal to their country of origin;
b. Public officers who, while serving the
government, seek citizenship in another
country.
Dual Citizenship vs. Dual Allegiance
Dual citizenship arises when, as a result of the
concurrent application of the different laws of two or
more states, a person is simultaneously considered
a national by the said states, as is the case of
respondent.
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Dual allegiance, on the other hand, refers to the
situation in which a person simultaneously owes, by
some positive act, loyalty to two or more states.
While dual citizenship is involuntary, dual allegiance
is the result of an individual's volition. (Mercado v.
Manzano, G.R. No. 135083, May 26, 1999)
Prohibition against Dual Allegiance
The constitution prohibits dual allegiance not dual
citizenship. Dual allegiance arising from e.g., mixed
marriages or birth in foreign soil was seen as more
insidious than dual citizenship.
ceremonial formality. (Maquiling v. COMELEC, G.R.
No. 195649, April 16, 2013)
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. (R.A. 9225 § 4)
————- end of topic ————-

To the extent, however, that dual citizenship also

imports dual allegiance, then it must also be "dealt
with by law." In other words, the Constitution
leaves the disposition of the problem of dual
citizenship and dual allegiance to ordinary
legislation.
Unlike those with dual allegiance, who must,
therefore, be subject to strict process with respect to
the termination of their status, for candidates with
dual citizenship, it should suffice if, upon the filing of
their certificates of candidacy, they elect Philippine
citizenship to terminate their status as persons with
dual citizenship considering that their condition is the
unavoidable consequence of conflicting laws of
different states. (Mercado v. Manzano, G.R. No.
135083, May 26, 1999)

R.A. 9225
R.A. 9225 provides that a Filipino who has previously
renounced his Filipino citizenship can reacquire it
without renouncing his foreign citizenship. Likewise,
a Filipino who acquires foreign citizenship after the
effectivity of R.A. 9225 retains his Filipino citizenship.
R.A. 9225 is a law about dual citizenship not dual
allegiance. (AASJS v. Datumanong, G.R. No.
160869, May 11, 2007)

R.A. 9225, however, requires that those who

acquired dual citizenship must specifically renounce
foreign citizenship upon filing of candidacy. (R.A.
9225 § 5[2])

The continued use of foreign passport render the

renunciation of foreign citizenship nugatory. The
renunciation of foreign citizenship must be complete
and unequivocal. The requirement that the
renunciation must be made through an oath
emphasizes the solemn duty of the one making the
oath of renunciation to remain true to what he has
sworn to. Allowing the subsequent use of a foreign
passport because it is convenient for the person to
do so is rendering the oath a hollow act. It devalues
the act of taking of an oath, reducing it to a mere

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