A Filipino citizen may be considered natural-born or
naturalized citizen. Both statuses bestow upon the individual certain privileges and exclusive rights such as the rights to vote, to run for public, etc. which may be denied the foreigner. NATURAL-BORN FILIPINO Art. IV, sec. 2 of the 1987 Constitution defines the NATURALBORN Filipino citizens as: 1. Those who are citizens of the Philippines at the time of the adoption of this (1987) Constitution 2. those whose fathers OR mothers are citizens of the Philippines and 3. those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother will bestow naturalborn Philippine citizenship upon the child PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age. EXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipino by virtue of his mothers citizenship. In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives; Members of the Supreme Court; and the Chairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC and the Commission on Audit). NATURALIZED FILIPINO Naturalization takes place either voluntarily by complying both the substantive and procedural requirements of the general naturalization law or by operation of law. This process may be direct or derivative.
Under the Commonwealth Act 473, a foreigner who is not
married to a Filipino but seeks to acquire Philippine citizenship is required to have lived in the Philippines for a continuous period of NOT LESS than ten (10) years. The said period shall be reduced to five (5) years if he is being married to a Filipino. Other prescribed qualifications pertain to the age, moral, occupational, language and educational qualifications of the petitioner. However, naturalization shall be subject to the Rule of Reciprocity, hence, the alien petitioner must prove by evidence that the laws of his country grant Filipinos the right to be naturalized. The following are the ways of acquiring Filipino citizenship by naturalization: 1. By judgment of the court application for naturalization shall be filed in the proper Regional Trial Court. 2. By direct act of Congress the Congress enacts an act conferring citizenship on a foreigner. 3.
administrative proceedings subject to Republic Act 9139 The
Administrative Naturalization Law of 2000 (January 8, 2001).
Dual Citizenship vs. Dual Allegiance
Dual citizenship refers to the possession of two citizenships by an
individual, that of his original citizenship and that of the country where he became a naturalized citizen. It may also arise in an instance wherein a person was born of Filipino parents but in another country where said country followsjus soli or jus loci principle.
Dual allegiance, on the other hand, refers to the continued allegiance of
a naturalized citizen to their mother country even after acquiring Filipino citizenship.
avoid as to the one having a dual citizenship shall support just in case the national interest of the countries where he has citizenships collide most especially if there is a state of war.
The Philippine government prohibits dual allegiance. Section 5, Article IV
of the 1987 Constitution declares that dual allegiance of citizens is inimical to the national interests and shall be dealt with by law.
An instance where dual allegiance is not allowed is in the qualification for
an elective or appointive position in the Philippine government service. Public service requires utmost loyalty (Section 1, Article XI, 1987 Constitution). It was deemed that a public officer having dual allegiance cannot serve with utmost loyalty.
Dual allegiance is not prohibited, however, it may be regulated or
restricted by Philippine laws where it is conducive or could deal to dual allegiance. It is because citizenship requires allegiance to a country to which one is a citizen which must be absolute and undivided. This is to
Filipino citizens having dual citizenships are disqualified from seeking an