Citizenship
Citizenship is the status of being a citizen, or of owing allegiance to a state for the privilege of being under its protection.
Under Article IV of the 1987 Philippine Constitution enumerates the following citizens of the Philippines:
- Those who are citizens of the Philippines at the time of the adoption of this Constitution;
- Those whose fathers or mothers are citizens of the Philippines;
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
- Those who are naturalized in accordance with law.
Dual Citizenship Distinguished from Dual Allegiance
Dual citizenship is different from dual allegiance. It 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.
Dual allegiance refers to a 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.
What is Citizenship Retention and Re-acquisition?
Republic Act No. 9225 was enacted to allow the re-acquisition and retention of Philippine citizenship by:
- Natural-born citizens who were deemed to have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country; and
- Natural-born citizens of the Philippines who, after the effectiveness of the law, became citizens of a foreign country.
The law provides that they are deemed to have re-acquired or retained their Philippine citizenship upon taking the oath of allegiance (Maquiling v. Commission on Elections, G.R. No. 195649).
Under Section 2 of Republic Act No. 9225, all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.
If one has lost his Filipino citizenship and wishes to re-acquire the same, he needs to apply for retention or re-acquisition of Philippine citizenship before the Bureau of Immigration (BI).
What is Retention of Philippine Citizenship?
Section 3 of Republic Act No. 9225 provides that any provision of law to the contrary notwithstanding, natural-born citizens by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquire Philippine citizenship upon taking the oath of allegiance to the Republic.
Natural-born citizens of the Philippines who, after the effectiveness of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
What is Derivative Citizenship?
The unmarried child, whether legitimate, illegitimate, or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines (Section 4, Republic Act No. 9225).
Naturalization
In the Philippines, there are two common modes of acquiring citizenship. It may either be by birth or by naturalization.
- By Birth, natural-born citizens are citizens of the Philippines from birth without having to perform any act to acquire or perfect citizenship.
Foundlings, or those abandoned children with no known natural parents, are considered as natural-born citizens because they are not an excluded class under the Constitution. So long as there is a high probability that the foundling’s parents are Filipinos, that person will be considered natural-born (Poe-Llamanzares v. COMELEC, G.R. Nos. 221697-221700, March 8, 2016).
- By naturalization, the process of confirming an alien the citizenship of another country, by any of the means provided by law.
Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended.
What are the Effects of Naturalization on Wife and Children?
- Minor children who are born before naturalization, if born in the Philippines is considered a Filipino citizen; but if born outside the Philippines and is residing in the Philippines at the time of the parent’s naturalization, he/she is considered a Filipino citizen, but also if he/she is born outside the Philippines and is residing outside the country at the time of the parent’s naturalization, he/she is a Filipino citizen only during his minority unless he resides permanently in the Philippines when he/she is still a minor, in which case he will continue to be a Filipino citizen even after coming of age.
- Minor children who are born after naturalization, if born in the Philippines is a Filipino citizen; but if such minor child is born outside the Philippines, he/she shall be considered a Filipino citizen, unless within one (1) year after reaching the age of majority, he fails to register himself as a Filipino citizen in the Philippine Consulate of the country where he resides and to take the necessary oath of allegiance.
Need further information and assistance regarding Citizenship and Naturalization? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
