Citizenship

ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011

Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

PHILIPPINE CITIZENSHIP
Philippine Citizenship is a gift jealous and possessive mother that must be deserved to be demanding total love and loyalty retained. The Philippines, for all from her children. her modest resources compared to those of other statues, is a -Justice Isagani Cruz

INTRODUCTION
The acquisition of citizenship is commonly done through birth; the principle of jus sunguinis which is based on blood relations, and jus solis which is based on the place of birth. Naturalization or the legal act of adapting an alien is also a method to acquire citizenship. Amo ng these methods the Philippines, the prin ciple of jus sunguinis is the acknowledge d fundamental rule.

It is the personal and more or less permanent membership in a polit ical community. It denotes possession of full civil and political rights subject to special qualifications. Also it impo ses the duty of allegiance to the politi cal community. The citizen enjoys certain exclu sive rights; the right to vote, to run fo r public office, right to petition the go vernment for redress, to exploit natura l resources, to operate public utilities, to administer educational institutions and to manage mass media. However , all constitutional offices, by special fiat, are now open only to natural-bo rn citizens.

CITIZENS OF THE PHILIPPINES:

This is embodied in Article IV, Section 1 of the pre sent Constitution, as herein stated:
(1) Those who are citizens of the Philippin es at the time of the adoption of this Constitution. (2) Those whose fathers and mothers are ci tizens of the Philippines. (3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon attaining th e age of majority. (4) Those who are naturalized in accordan ce with law.

CITIZENSHIP UNDER:
B) 1973 Constitution stated in Article III, Section 1
This referred to those citizens under the 19 35 Constitution Section 1. The following are citizens of the P hilippines:
(1) Those who are citizens at the time of the adoption of this Constitution. (2) Those whose fathers and mothers are citizens of the Philippines. (3) Those who elect Philippine citizenship pursuant t o the provisions of the Constitution of nineteen hun dred and thirty-five. (4) Those who are naturalized in accordance with th e law.

A) 1935 Constitution stated in Article VI, Section 1

Section 1. The following are citizens of the P hilippines
(1) Those who were citizens of the Philippine Islands at the time of the adoption of the Commonwealth Con stitution on November 15, 1935; (2) Those born in the Philippine Islands of foreign pa rents who, prior to the adoption of the Commonwealt h Constitution, had been elected to public office in th e Philippine Islands; (3) Those whose fathers were citizens of the Philippin es; (4) Those whose mothers were citizens of the Philippi nes and, upon attaining majority age, elected Philippi ne citizenship; and (5) Those who were naturalized in accordance with la w.

CHILDREN OF FILIPINO CITIZENS:

A) 1935 Constitution
Jus sunguinis is the absolute rule for citize nship Only children born to Filipino Fathers whe ther abroad or in the Philippines were gra nted natural citizenship EXCEPTION: Children born out of wedlock, he acquires the citizenship of the only legally k nown parent, the mother.

B) 1973 Constitution
Jus sunguinis was the basic foundation of citizenship and exp anded its application by placing Filipino Women on the same le vel as the male in matters of citizenship. Those whose matters are citizens of the Philippines even if the father is an alien, are Filipino citizens It is essential that the mother must be a Filipina at the time o f the birth of the child. This is not retroactive, it only applies to those born of a Filipi no mother on or after the effectivity of the 1973 Constitution or noon of January 17, 1973. An example of which, a child born i n 1970, to an alien father and Filipino mother is still considered a foreigner, following his father's citizenship. But if his birth oc curred to the same parents on or after January 17, 1973, when t he 1973 Constitution was ratified, he will be considered a citize n of the Philippines by the virtue of his mother's citizenship.

ELECTION OF PHILIPPINE CITIZENSHIP

There are two questions to be considered: a) What is the scope of the right of election given by the 1935 Constitution? b) What is the relation between the right of election given by t he 1973 and 1987 Constitution and the right to election given by the 1935 Constitution?

A) 1935 Constitution
Article IV, Section 1 "," is supplement ed by Commonwealth Act No. 625 whi ch proscribes the procedure in makin g the election.
Section 1 provides that the election must be a) expressed in a sworn statement b) done before any authorized officer to ad minister oath c) filed with the nearest civil registrar d) accompanied by an oath of allegiance to the Philippines.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

The question which arises with regards to this matter is when must the mother be a citizen of the Philippines?
It is sufficient that a mother be a Filipino citizen, either by birth or by naturalization, at the time of her marriage with an alien. As to the child, upon reaching the age of majority he or she is given a reasonable period of three years to make the election or otherwise the right to such is lost.

EXCEPTIONS:
a) The person concerned has always c onsidered himself a Filipino citizen. b) As explained in Co vs HRET wher ein Jose Co, a born Chinese national, married a Filipina in 1932. In 1955, w hen their son Jose, Jr. was nine years o ld, Jose Sr. was naturalized and took h is oath of allegiance. In 1987, Jose Jr. was elected to the House of Represent atives. When his citizenship qualificat ion was challenged on the ground that he had never elected Philippine citizen ship, the Court said that it would be ri d iculous to require him to elect citiz enship when, by naturalization of h is father, he too became a Filipino c itizen even while still a minor. c) The court also, in the case of Ma llare, recognized participation in th e election process on the belief that one was a citizen, is a valid inform al election of citizenship.

B) 1973 Constitution
A child born under the 197 3 Constitution of a Filipino Mother would not have to make the election in order to acquire Philippine Citizenship. The right of election is in nature of a transitory provision whose usefullness will expire once all those who acquired the right to elect under the 1935 Constitution have either elected or forfeited their right to elect

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

Naturalization
Process by which a foreigner acquires, voluntarily or by operation of law, the citizenship of another state. Maybe direct or derivative

Direct Naturalization is effected:

a. by individual proceedings , usually judicial, under general naturalization laws; b. by special act of the legislature often in favor of distinguished foreigners who have rendered some notable service to the local state; c. by collective change of nationality (naturalization en masse) as a result of cession or subjugation;
d. by adoption of orphan minors as nationals of the State where they are born.

Derivative Naturalization is conferred:

a. on the wife of the naturalized husband; b. on the minor children of the naturalized parent;

c. on the alien woman upon marriage to a national. - usually made subject to stringent restrictions and conditions
Lorem ipsum dolor sit amet, consectetuer adipiscing elit.
Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque aliquet nec, vulputate eget, arcu. Etiam ultricies nisi vel augue. Curabitur ullamcorper ultricies nisi. Nam eget dui. Etiam rhoncus. Donec vitae sapien ut libero venenatis faucibus. Nullam quis ante.

Dolor sit amet, consectetuer adipiscing elit.

Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes,

aliquet nec, vulputate eget, arcu. Etiam ultricies nisi vel augue. Curabitur ullamcorper ultricies nisi. Nam eget dui. Etiam rhoncus. Donec vitae sapien ut libero venenatis faucibus. Nullam quis ante. Sed fringilla mauris sit amet nibh. Donec sodales sagittis

Commodo et ligula egetdolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu, pretium quis, sem. Nulla consequat massa quis enim. Donec pede justo,

Specific Qualifications:
1. He must be not less than eighteen years of age on the date of the hearing of the petition; 2. He must have resided in the Philippines for a continuous period of not less than ten years; 3. He must be of good moral character and believe in the principles underlying the Philippine Constitution and must have conducted himself in a proper manner during the entire period of his residence in the Philippines in relation with the constituted government as well as the community in which he is living; 4. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency or must have some known lucrative trade, profession or lawful occupation; 5. He must be able to speak and write English or Spanish and any of the principal Philippine languages; 6. He must have enrolled his minor children of school age in any of the public schools or private schools recognized by the Office of Private Education in the Philippines 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 prior to the hearing of his petition for naturalization

*The qualifications of an applicant must be possessed by him at the time he applies for naturalization and not subsequently.

Continuation . . .

The ten-year residence requirement is reduced to five years when the applicant possesses the following special qualifications: 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. Having established a new industry or introduces a useful invention in the Philippines; 3. Being married to a Filipino woman; 4. Having been engaged as a teacher in the Philippines in a public or in a 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 not less than two years; 5. Having been born in the Philippines.

The following are disqualified from naturalization:

1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments; 2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas; 3. Polygamists or believers in the practice of polygamy; 4. Persons convicted of crimes involving moral turpitude; 5. Persons suffering from mental alienation or incurable contagious disease; 6. Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos; 7. Citizens or subjects of nations with whom the Philippines is at war, during the period of such war; 8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subject thereof.

Procedure:
1. At least one year before he files his petition for naturalization, the applicant shall file with the Office of the Solicitor General a declaration of his intention to be a citizen of the Philippines. (This is to enable the government to make initial investigations into his circumstances to determine his fitness for Philippine citizenship and to test his sincerity.)

Continuation . . .

2. Filing of the petition for naturalization with the regional trial court of the province or city where petitioner has resided for at least one year. The petition must state among other data the name or names of the petitioner, his various places of residence in the Philippines, the date of his arrival, his occupation, his date and place of birth, the names and personal circumstances of his wife and children.

Continuation . . .

3. Upon receipt of the petition, the clerk of the court shall have the duty of publishing the same in the Official Gazette an in one newspaper of general circulation in the province or city once a week for three consecutive weeks and to post notices thereof and of the hearing. This requirement is jurisdictional and non observance thereof will render all the proceedings null and void, as reiterated in the case of Republic vs. De la Rosa.

Republic vs De la Rosa
The respondent, having opted to reacquire Philippine citizenship thru naturalization under the Revised Naturalization Law, is duty bound to follow the procedure prescribed by the said law. It is not for an applicant to decide for himself and to select the requirements which he believes, even sincerely, are applicable to his case and discard those which he believes are inconvenient or merely of nuisance value. The law does not distinguish between an applicant who was formerly a Filipino citizen and one who was never such a citizen. It does not provide a special procedure for the reacquisition of Philippine citizenship by former Filipino citizens akin to the repatriation of a woman who had lost her Philippine citizenship by reason of her marriage to an alien.
Anent the issue of the mandatory two-year waiting period prior to the taking of the oath of allegiance, private respondent theorizes that the rationale of the law imposing the waiting period is to grant the public an opportunity to investigate the background of the applicant and to oppose the grant of Philippine citizenship if there is basis to do so. In his case, private respondent alleges that such requirement may be dispensed with, claiming that his life, both private and public, was wellknown. Private respondent cites his achievement as a freedom fighter and a former Governor of the Province of Sorsogon for six terms. Publication of the petition for naturalization is a condition sine qua non for the approval of the petition. Hence the trial court never acquired jurisdiction to hear the petition for naturalization of private respondent. The proceedings conducted, the decision rendered and the oath of allegiance taken therein, are null and void for failure to comply with the publication and posting requirements under the Revised Naturalization Law.

Respondent claims that the re-scheduling of the hearing of the petition to an earlier date, is permissible provided that there was substantial compliance with the law and that the public was well-informed of his petition for naturalization due to the publicity given by the media.

Continuation . . .

4. At least six months after the last publication, but in no case within thirty days before any election, the hearing shall begin, at which the petitioner shall establish all the allegations of his petition, to be corroborated by at least two credible witnesses. The Republic of the Philippines shall be represented by the Solicitor General or his authorized representative, who may be the provincial or city prosecutor. If the petitioner is able to prove that he has all the qualifications and none of the disqualifications for naturalization, his petition shall be granted and the decision shall become final after thirty days from notice. However it shall become executory only after the period of two years

during which the petitioner shall continue to be under probation, as it were, so the government can doubly sure he is entitled to be naturalized as a citizen of the Philippines. After the probation period, the petitioner may apply for administration of the oath of citizenship in accordance with the decision approving his petition for naturalization. The court shall grant this motion provided it is established that the petitioner has not left the Philippines, has devoted himself to a lawful calling, has not been convicted of any violation of the law and has not committed any act in contravention of any government announced policy. By virtue of the administration of the oath of citizenship, the petitioner shall embrace Philippine citizenship and renounce allegiance to any foreign State.

Effects:
Naturalization shall confer upon the petitioner all the rights of a Philippine citizen except only those reserved by the constitution to natural born citizens of the Philippines. It shall also vest Philippine citizenship upon the wife if she might herself be lawfully naturalized. His minor children born in the Philippines shall also be considered citizens of the Philippines.

Revocation
that his minor children failed to comply with the educational requirements through his fault or neglect; or that he allowed himself to be used as a dummy in violation of our naturalization laws.
Revocation on grounds affecting the intrinsic validity of the proceedings shall divest the wife and children of their derivative naturalization. But if the ground was personal to the denaturalized Filipino, his wife and children shall retain their Philippine citizenship.

A person may be denaturalized on petition of the Solicitor General on the ground that his certificate of naturalization was obtained fraudulently; that he established his permanent residence abroad within five years after his naturalization; that the petition was

based on an invalid declaration of intention;

YU vs Defevsor-Santiago
XX Portuguese passport Yus act of applying for a Portuguese passport despite his naturalization as a Philippine citizen and his act of declaring his nationality as Portuguese in commercial documents, constitute an EXPRESS renunciation of his Philippine citizenship acquired through naturalization; Petitioner, with full knowledge, and legal capacity, after having renounced Portuguese citizenship upon naturalization as a Philippine citizen resumed or
reacquired his prior status as a Portuguese citizen, applied for a renewal of his Portuguese passport and represented himself as such in official documents even after he had become a naturalized Philippine citizen. Such resumption or reacquisition of Portuguese citizenship is grossly inconsistent with his maintenance of Philippine citizenship. Philippine citizenship is not a commodity or ware to be displayed when required and suppressed when convenient.)

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

MIXED MARRIAGES:
A) 1935 Constitution:
Commonwealth Act No. 63, Section 1 (7)
A Filipino woman lost her Philippine citizenship upon her marriage to a foreigner if by virtue of the laws in force in her husbands country, she acquires his nationality.

Commonwealth Act No. 473, Section 15

Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized, shall be deemed a citizen of the Philippines.

Continuation . . .

B) 1973 Constitution
This now repealed CA No. 63, Sec 1 (7), which its present provision reads: A female citizen in the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.
* This has a prospective effect and does not serve to restore citizenship already lost by marriage under the old law.

C) 1987 Constitution
It provides no reference to sex thus making the rule applicable to both males and females on the chance that some country might have a law which divests a foreign husband of his citizenship.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

NATURAL BORN CITIZENS

Article IV Section 2
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Under the 1935 Constitution...

it was NEVER definitively settled whether a child of a Filipino mother who elected Philippine citizenship upon reaching majority was a natural-born Filipino.

LIBERAL VIEW ---anchored on the argument that the election retroacts to the moment of birth since it was birth which gave the child the potential to make the election. This view was followed by the 1971 Constitutional Convention when it acted as judge of the citizenship qualification of Delegate Ernesto Ong.

Strict view, which defined a natural-born

Filipino in the tenor of the first sentence of Section 2, held that he was NOT. A liberal view, however, held that he was.
The settled the issue.

ADDITION of the second sentence definitively

Purpose: to equalize the status of those

born of Filipina parents

before January 17, 1973.

Application...
Would the second sentence of Section 2 APPLY only to those who elect citizenship AFTER the effectivity of the 1987 Constitution?
according to Commissioner Bernas, it would apply

to

anybody who elected Philippine citizenship by virtue of the

proviso of the 1935 Constitution, whether the election was done before or after January 17, 1973.

If a natural-born Filipino citizen loses his citizenship by renunciation or by any other mode recognized by law, would he still be considered natural-born if he subsequently reacquires citizenship? *whether under 1973 or 1987 provision, such person would

NOT be a natural-born Filipino citizen.

Natural-born vs Naturalized Citizens

Distinction between natural-born citizens and naturalized citizens is SIGNIFICANT because the Constitution has reserved certain constitutional offices for natural born citizens, and under Article XII, Section 8, ALLOWS natural-born citizens who have lost their Philippine citizenship to be transferees of private lands.

OTHER than for these purposes, however, the Supreme

Court has taken the position that the distinction is without significance and that a naturalized citizen is entitled to

similar treatment as a native-born citizen EXCEPT

where the Charter itself provides otherwise. If it were not so, there would be an infringement of the equal protection guarantee.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

Commonwealth Act No. 63 An Act Providing for the Ways in which Philippine Citizenship may be Lost or Reacquired

C.A No. 63
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869 Price 6d

Ma. N
Marriage
SECTION 7 In the case of a woman, upon her marriage to a foreigner IF, by virtue of the law in force in her husband's country, she acquires his nationality

Naturalization
SECTION 1 By naturalization in a foreign country

Certificate of Naturalizaton (Cancelled) C.A. No. 63 (5) By cancellation of the certificate of naturalization Oath of Allegiance (Foreign Country) C.A. No. 63 (5) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining eighteen years of age or more PROVIDED, HOWEVER, A Filipino may NOT divest himself of Philippine Citizenship in any manner While the Republic of the Philippines IS AT WAR with ANY country

Renunciation (express)

C.A. No. 63 (2) By express renunciation of citizenship

Deserter of the Philippines Armed Forces C.A. No. 63 (6) By having been declared by competent authority, a deserted of the Philippine army, navy or air corps in time of war, unless subsequently a plenary pardon or amnesty has been granted

Service to or accepting commission in the Armed Forces of a Foreign Country

C.A. No. 63 (4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in the armed forces of a foreign country and the taking of an oath of allegiance incident thereto with the consent of the Republic of the Philippines shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present: a) A-rmed forces in the Phil. iof foreign country b) P- act of alliance with said foreign country

C.A. No. 63 (4)a (a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or C.A. No. 63 (4)b (b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines:

C.A. No. 63 (4)b

Provided,
That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country:

C.A. No. 63 (4)b

That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;

Marriage Naturalization

Certificate of Naturalization (Cancelled) Oath of Allegiance Renunciation Deserter

Service or accepting Commission *Armed Forces *Pact of Alliance

BY From

>> >>

natural-born Filipino Citizen any one of: 1. Iberian countries 2. Friendly Democratic Ibera-American countries

NOT result to

LOSS FORFEITURE
&

Of Citizenship

Law of that country grants the same privilege to its citizens Such law has been agreed upon by treaty By the Philippines and the foreign country

CONGRESS (Direct Act of Congress)

REPATRIATION of deserters of the Army, Navy, or Air Corps

That a woman who has lost her citizenship by reason Of marriage to an alien may be repatriated In accordance with the provisions o this Act After the termination of the marital status

Provided:

Naturalization

Provided:
That the applicant possesses none of the disqualifications prescribes for naturalization

COMMONWEALTH ACT No. 473

Section 4. Who are disqualified. The following cannot be naturalized as Philippine citizens:
a) Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments; b)Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas; c)Polygamists or believers in the practice of polygamy d)Persons convicted of crimes involving moral turpitude;

e) Persons suffering from mental alienation or incurable contagious diseases f) Persons who, during the period of their residence in the Philippines, have not mingled socially with the 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 of nations with whom the United States and the Philippines are at war, during the period of such war; h) Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

DUAL ALLEGIANCE
Article IV Section 5. Dual allegiance of
citizens is inimical to the national interest and shall be dealt with by law.
----provision originated from the concern expressed by a number of Commissioners, notably Commissioners Concepcion and Ople, about the impact of liberalized

naturalization procedures on the policy on

the exploitation of natural resources and on national security.

DUAL ALLEGIANCE VS DUAL CITTIZENSHIP

Ople distinguished dual allegiance from dual citizenship: Dual allegiance is larger and more threatening than or mere dual citizenship which is seldom intentional and, perhaps, NEVER insidious. [Dual citizenship] is often a function of accident of marriage or of birth to foreign soil.
This formulation, however, merely recognizes the problem and leaves concrete ways of dealing with it to Congress.

In Mercado vs Manzano
INSERT YOURand dual allegiance HERE citizenship HEADLINE
Supreme Court established the distinction between dual
A certainLorem Mamaril filed a In libris graecis appetere Ernesto ipsum disqualification case mea. At vim odio lorem In libris graecis appetere against vice-mayoralty candidate Manzano id iuvaretground omnes, pri on the that he ismea. At citizen of the Philippines but of the United not a vim odio lorem partiendo. Vivendo menandri omnes, pri id iuvaret et sed. Lorem the States. In its resolution, the second division ofvolumus partiendo. Vivendo menandri blandit cu has.Sit cu alia et sed. Lorem volumus Commission on Elections (COMELEC) granted the porro fuisset. blandit cu has.Sit ordered the cancellation of the petition of Mamaril andcu alia Ea pro natum invidunt porro fuisset. certificate of candidacy of Manzano on the groundfacilisis repudiandae, his et that he Ea pro natum invidunt is a dual repudiandae, his et facilisisLocal Government Code citizen and, under the vituperatoribus. Mei eu ubique altera senserit, and the Makati charter, persons with dual citizenship are vituperatoribus. Mei eu consul eripuit accusata has ubique altera senserit, disqualified from running for any ne. Ignota position.te nam, elective verterem The consul eripuit accusata has eu cibo causae menandri Commission found out that nam, Manzano was born in 1955, of ne. Ignota verterem te vim. Sit rebum erant a Filipino father and amenandri mother, inet, sedFrancisco, San odio error eu cibo causae Filipino dolorem vim. Sit rebum erant California, in the United States. Hence, molestie corrumpit ad.Vel he is an American dolorem et, sed odio error citizen, following the corrumpitrule,deterruisset ad, mollis jus soli and at the same time, a ad.Vel molestie ceteros ad sea. Filipino citizen for ad, mollis deterruisset being born of Filipino parents.

In Mercado vs Manzano
Manzano filed a motion for reconsideration. Pending such motion, the 1998 elections was held and Manzano garnered the highest number of votes for vice-mayor in the city of Makati. His proclamation was suspended, pending resolution of the case. Petitioner Mercado, who garnered the second highest number of votes to Manzano, intervened in the disqualification case. Without resolving Manzano's motion, the COMELEC en banc reversed the ruling of the COMELEC second division and declared Manzano qualified to run for vice-mayor. Hence, Mercado filed a petition for certiorari to the Supreme Court seeking to set aside the resolution of the COMELEC en banc. The Supreme Court denied the petition. It held that the phrase "dual citizenship" in RA 7160 (Local Government Code), 40 (d), and in RA 7854 (Makati Charter), 20, must be understood as referring to "dual allegiance." Consequently, persons with mere dual citizenship do not fall under this disqualification. This conclusion of the court is based on Section 5, Article IV of the 1987 Constitution, which provides, "Dual allegiance of citizens is inimical to national interest and shall be dealt with by law." The Supreme Court held that under the said provision, the concern of the Constitutional Commission was not with dual citizens per se, but with naturalized citizens who maintain their allegiance to their countries of origin even after naturalization.

In Mercado vs Manzano
.for candidates with dual citizenship, it should suffice if, upon the filing

of their certificates of candidacy, they elect

Philippine citizenship to

..according to the Court in Manzano

terminate their status as persons

with dual citizenship, considering that their condition is the

DUAL ALLEGIANCE refers to

the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. It says that while dual citizenship is involuntary, dual

unavoidable consequence of conflicting laws of

different states.

allegiance is the result of an individual's volition.

This case seems to be the basis of our lawmakers in enacting R.A. 9225.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

REPUBLIC ACT 9225

An Act Making the Citizenship of Philippine Citizens who Acquire Foreign Citizenship Permanent, a Filipino who becomes a naturalized citizen of another country is allowed to retain his Filipino citizenship by swearing to the supreme authority of the Republic of the Philippines. To wit:

Sec. 3. Retention of Philippine Citizenship. Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

 I ________________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.
It is further provided that the unmarried
the oath does not contain the standard clause that the naturalized person renounces his allegiance to any other state, but that it is much assumed when he swears that he will recognize and accept the supreme authority of the Philippines even as against that of the other state where he has been naturalized.

child, whether legitimate, illegitimate or

adopted, below eighteen years of age shall also acquire derivative citizenship upon taking of such oath

by the parent

AFTER the effectivity of the law.

(Section 4) the act of taking an oath of allegiance is an implicit renunciation of a naturalized citizens foreign citizenship.

RA 9225
.does not apply to persons who become

citizens of a foreign land jure soli and also the citizenship of their parents jure sanguinis.
example: a person born in the United States to a Filipino father or mother, who would be an American citizen by reason of the place AND a

citizen of the Philippines under our Constitution.

Dual citizenship is NOT A GROUND FOR DISQUALIFICATION from running for elective position. like any other natural-born Filipino, it is ENOUGH for a person with dual citizenship who seeks public office to file his certificate of candidacy and swear to the Oath of Allegiance contained therein. On the other hand, a person with dual allegiance who seeks public office must (apart from meeting the qualifications under Philippine law) swear to an Oath of Allegiance and execute a

Renunciation of Foreign Citizenship pursuant to R.A. 9225.

Lorem ipsum dolor sit amet, consectetuer adipiscing elit.
Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque aliquet nec, vulputate eget, arcu. Etiam ultricies nisi vel augue. Curabitur ullamcorper ultricies nisi. Nam eget dui. Etiam rhoncus. Donec vitae sapien ut libero venenatis faucibus. Nullam quis ante.

Dolor sit amet, consectetuer adipiscing elit.

Aenean commodo ligula eget dolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes,

aliquet nec, vulputate eget, arcu. Etiam ultricies nisi vel augue. Curabitur ullamcorper ultricies nisi. Nam eget dui. Etiam rhoncus. Donec vitae sapien ut libero venenatis faucibus. Nullam quis ante. Sed fringilla mauris sit amet nibh. Donec sodales sagittis

Commodo et ligula egetdolor. Aenean massa. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec quam felis, ultricies nec, pellentesque eu, pretium quis, sem. Nulla consequat massa quis enim. Donec pede justo,

Dual Citizens under Republic Act 9225

ADVANTAGES can carry two passports and essentially live, work, and travel freely within their native and naturalized countries dual citizens under R.A. 9225 shall DISADVANTAGES

divided loyalty of the person possessing two citizenships

by allowing dual citizenship, it is possible for aliens to control the mass media industry, thereby influencing peoples social and political views

enjoy full civil and political rights of a Philippine citizen,

aside from the privileges they have as citizens of other states, subject to conditions under Section 5 thereof can also own properties and businesses in the country without the restrictions accorded to a foreigner by our existing laws and the Constitution

conflict in rendering military service; for instance, in cases of war, on which militia will a dual citizen serve?

Republic Act 9225

ADVANTAGES can fully participate in the exploitation of our natural resources

without being subjected to the 40-60 percent arrangement in case of foreigners

can manage and own a mass media entity which was taken away from them after becoming citizens of other countries can operate

DISADVANTAGES doubt as to payment of taxes; it could happen that the financial burden of making available the country's facilities and infrastructure to Filipino foreigners will only be shouldered by locally based Filipinos who religiously pay their taxes. In effect, Filipino-foreigners get a free ride at the expense of other Filipinos dual citizenship could become a

public utilities and administer educational institutions like any other Filipino

vehicle for opportunism and exploitation by unscrupulous Filipino-foreigners.

Citizenship
ILLUSTRATED WEEKLY NEWSPAPER Thursday, February 23, 2011
Est. 1869

Member of the Asscoiated Press .

Aenean commodo ligula eget dolor. Aenean. Aenean commodo ligula eget dolor. Aenhswse. Cejhciebce fcdcdcd.

Price 6d

The test of good citizenship is loyalty to country - Colby

Citizenship is the most crucial right we have which gives you great powers. This is the greatest asset of a democracy. In a democratic country, every citizen is entitled to air his views freely, write with freedom and exercise his franchise. But he has his own duty of contributing for the nation in one way or other, physically or emotionally. Citizenship is what makes a republic. A country is made of its citizens who are the pillars of the nation, who are selfless and ready to sacrifice for the nation. It is a win-win situation for both and it is hard to thrive without citizenship. Citizenship is a kind of gateway to your freedom and thus, utilize it properly to make it beneficial for all.