MODES OF ACQUIRING CITIZENSHIP

1. By Birth
a. Jus Sanguinis – acquisition of citizenship on the basis of blood relationship
b. Jus Soli – acquisition of citizenship on the basis of place of birth

2. Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native
natural born-citizen
- A mode for both acquisition and reacquisition of Philippine citizenship

3. By Marriage – when an alien may acquire Filipino Citizenship. When a foreign woman marries
a Filipino husband, provided, she possesses all qualifications and none of the disqualifications
for naturalization

Spouses Ben and Liong were Chinese nationals and had three children. While the children were
still minors, the spouses were naturalized as Filipino Citizens pursuant to Letter of Instruction
270 and Philippine Citizenship was conferred by virtue of Presidential Decree 923.

a) Will the naturalization extend to the minor children of Spouses Ben and Liong?

YES. The Court ruled that Letter of Instruction (LOI) 270 and C.A. 473 were in pateri materia, and
absent any express repeal, the two laws must be read with one another. Although LOI 270 does
not expressly provide that the father’s naturalization automatically extended to his wife and
children, Sec. 15 of C.A. 473 provides for the extension of the naturalization of the father to his
wife and minor children as long as there is no disqualification and the wife sufficiently shows
that she and her minor children permanently resides in the Philippines at the time of the
naturalization of the husband. Thus, it must also apply to those who naturalize by virtue of LOI
270. (Republic v Winston Brian Chia Lao, G.R. No. 205218, 28 Aug. 2020)

b.) Later on, Winston, Christopher and Jon filed before the Manila Trial Court, a petition to
change the nationality of their parents as reflected in their birth certificate. Will their petitions
prosper?

A: YES. Rule 108 of the Rules of Court allows both the correction of clerical errors and substantial
errors reflected in the documents kept by the civil registry. The nationality of Ben and Liong in
Winston, Christopher and Jon’s birth certificates, indicating that they are Chinese, is no longer
true after the naturalization of the former. Hence the nationality of Ben and Liong in their
children’s birth certificates should be amended to indicate “Filipino.” (Republic v Winston Brian
Chia Lao, G.R. No. 205218, 28 Aug. 2020)

LOSS AND RE-ACQUISITION OF CITIZENSHIP

Philippine citizenship may be lost or reacquired in the manner provided by law (Sec. 3, Art. IV, 1987
Constitution).

Loss of Citizenship

a. Naturalization in a foreign country. (Frivaldo vs. Commission on Elections, G.R. No. 120295. June 28,
1996)
b. Express renunciation or expatriation.
c. Taking an oath of allegiance to another country upon reaching the age of majority.
d. Accepting a commission and serving in the armed forces of another country, unless there is an
offensive or 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 (Commonwealth Act No. 63)

🕮 Immigration to the United States by virtue of a “green card,” (immigrant visa) which entitles one to
reside permanently in that country, constitutes abandonment of domicile in the Philippines. With more
reason then does naturalization in a foreign country result in an abandonment of domicile in the
Philippines. (Coquilla vs. Commission on Elections, G.R. No. 151914, July 31, 2002)

🕮 Possession of alien registration certificate unaccompanied by proof of performance of acts whereby

Philippine citizenship had been lost is not adequate proof of loss of citizenship. (Aznar vs. Commission on
Elections, G.R. No. 83820May 25, 1990)

EXPATRIATION – the voluntary renunciation or abandonment of nationality and allegiance.

CITIZESHIP MAY BE REACQUIRED BY:

1. Repatriation

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. (Bengson III v. HRET and Cruz, G.R. No.
142840, 07 May 2001)

How Repatriation is effected

1. Taking the necessary oath of allegiance to the Republic of the Philippines; and

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.

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)\

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

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 (RA No.
8171, Sec 2)

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.

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)

A foundling, considered as a natural-born Filipino citizen, re-acquired natural-born Filipino citizenship

when, following her naturalization as a citizen of the United States, she complied with the requisites of
Republic Act No. 9225. (David vs. Senate Electoral Tribunal, G.R. No. 221538, September 20, 2016)

RA 9225 “Citizenship Retention and Reacquisition Act of 2003”

Reacquisition

Natural-born citizens of the Philippines who have lost their Filipino citizenship due to naturalization as
citizens of a foreign country are deemed to have re-acquired Philippine citizenship by performing acts
provided for in R.A. No. 9225.

Retention

Natural-born citizens of the Philippines who, after the effectivity of R.A. 9225, become citizens of a
foreign country shall retain their Philippine citizenship. (David v. Agbay, G.R. No. 199113, 18 Mar. 2015)
Running for Elective Posts; Oath of Allegiance and Renunciation of Foreign Citizenship

R.A. 9225 requires Filipinos availing themselves of the benefits under the said Act to:

1. Take their oath of allegiance to the Republic of the Philippines; and

2. Explicitly renounce their foreign citizenship if they wish to run for elective posts in the Philippines.

The oath of allegiance is a general requirement for all those who wish to run as candidates in Philippine
elections; while the renunciation of foreign citizenship is an additional requisite only for those who have
retained or reacquired Philippine citizenship under R.A. No. 9225 and who seek elective public posts,
considering their special circumstance of having more than one citizenship. To qualify as a candidate in
Philippine elections, Filipinos must only have one citizenship, namely, Philippine citizenship. (Jacot v. Dal,
G.R. No. 179848, 27 Nov. 2008) By renouncing foreign citizenship, one is deemed to be solely a Filipino
citizen, regardless of the effect of such renunciation under the laws of the foreign country.

Filing of a Certificate of Candidacy does not ipso facto amount to a Renunciation of Foreign Citizenship

RA 9225 requires the twin requirements of swearing to an Oath of Allegiance and executing a
Renunciation of Foreign Citizenship. (Roseller De Guzman v. COMELEC, G.R. No. 180048, 19 June 2009)

Effect of use of Foreign Passport; Maquiling Doctrine

Use of a foreign passport amounts to repudiation or recantation of the oath of renunciation. The
renunciation of foreign citizenship is not a hollow oath that can simply be professed at any time, only to
be violated the next day. It requires an absolute and perpetual renunciation of the foreign citizenship
and a full divestment of all civil and political rights granted by the foreign country which granted the
citizenship. (Maquiling v. COMELEC, G.R. No. 195649, 16 Apr. 2013)

Strict adherence to Maquiling Doctrine

Matters dealing with qualifications for public elective office must be strictly complied with. The novelty
of the issue is not an excuse from strictly complying with the eligibility requirements to run for public
office or to simply allow a candidate to correct the deficiency in his qualification by submitting another
oath of renunciation. It is with more reason that we should similarly require strict compliance with the
qualifications to run for local elective office. (Arnado v. COMELEC, G.R. No. 210164, 18 Aug. 2015)

2. Naturalization
An act of formally adopting a foreigner into the political body of a nation by clothing him
or her with the privileges of a citizen.

3. Legislative Act

Citizenship Retention and Reacquisition Act (Republic Act No. 9225): Took effect on
September 17, 2003. Natural-born citizens, by reason of their naturalization as citizens of a
 foreign country are deemed to have re-acquired Philippine citizenship upon taking an oath
of allegiance to the Republic. Natural born citizens of the Philippines, who, after the
effectivity of the Act, become citizens of a foreign country, shall retain their Philippine
citizenship upon taking the aforesaid oath.

Derivative Citizenship: The unmarried child, whether legitimate, illegitimate or adopted,

below 18 years of age, of those who re-acquire Philippine citizenship upon effectivity of
the Act shall be deemed citizens of the Philippines. (Sec. 4)

Civil and Political Rights and Liabilities: Those who retain or re-acquire Philippine
citizenship shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines, subject to the
following conditions:

a. Those intending to exercise their right of suffrage must meet the

requirements under Section 1, Article V of the Constitution, RA No. 9189
(The Overseas Absentee Voting Act of 2003) and other existing laws; 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 officers authorized to administer an oath.
🕮 Even those who retained their Philippine citizenship by birth and
acquired foreign citizenship by virtue of marriage to a foreign spouse are
required to renounce their foreign citizenship (Sobejana-Condon vs.
Commission on Elections, G.R. No. 198742, August 10, 2012)
b. 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. c. 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. d. 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: i. Are
candidates for or are occupying any public office in the country of which
they are naturalized citizens; and/or ii. Are in active service as commissioned
or non-commissioned officers in the armed forces of the country which they
are naturalized citizens. (Sec. 5, R.A. 9225)

1. H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225
(the Citizenship Retention and Reacquisition Act), decided to run for Congress and thus, filed a
certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of
his status as a dual citizen. H responded that his act of filing a CoC amounted to his
renunciation of foreign citizenship, rendering him eligible for the position. (2019 BAR)
 a. Was H’s filing of a CoC sufficient to renounce foreign citizenship? Explain.
Answer: NO, H’s filing of a CoC is not sufficient to renounce foreign citizenship. Section 5(3)
of RA 9225 requires that “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”.

2. Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State
Frozen. By virtue of the laws of Frozen, any person who marries its citizens would
automatically be deemed its own citizen. After ten years of marriage, Rosebud, who has split
her time between the Philippines and Frozen, decided to run for Congress. Her opponent
sought her disqualification, however, claiming that she is no longer a natural-born citizen. In
any event, she could not seek elective position since she never renounced her foreign
citizenship pursuant to the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is
Rosebud disqualified to run by reason of citizenship? (2014 BAR)
Answer: NO, because Rosebud never lost her status as a natural-born citizen by reason of
marriage to a foreigner. In addition to her status as a natural born citizen, she acquired the
citizenship of her husband by operation of law and not by a voluntary act of acquisition thereof
and voluntary renunciation of her former citizenship. In relation to election protest, what is
prohibited is dual allegiance. Allegiance to a foreign state is acquired through an express and
voluntary act of renouncing once allegiance to the Republic of the Philippines and swearing
allegiance to a foreign state e.g. enlisting in the military services of another state.