| Who are Filipino citizens? | Sec 1, Art IV
1. those who are citizens of the Philippines at the time of the adoption of this Constitution
2. those whose fathers or mothers are citizens of the Philippines
3. those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
4. those who were naturalized in accordance with law |
| citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship | Natural born citizens |
| What public offices/government positions require a Filipino citizen to be a natural- born? | 1. President
2. Vice President
3. Members of the Congress
4. Justices of SC and lower collegiate courts
5. Ombudsman and his deputies
6. Members of ConComm
7. Members of the Central Monetary Authority
8. Members of the CHR |
| What are the modes of acquiring citizenship | 1. by birth - jus sanguinis (blood relatonship), jus soli (place of birth)
2. by naturalization
3. by marriage - when a foreign woman marries a Filipino husband, provided she possesses all qualifications and none of the disqualifications |
| What are the grounds of losing Philippine citizenship? | DEADMAN
1. Denaturalization/Cancellation of Certificate of Naturalization
2. Expatriation/Express Renunciation of Citizenship
3. Accepting commission in the Armed forces of a foreign country (unless 1. the Phils has a defensive/offensive pact alliance with such country or 2. the said county maintains armed forces in the Phil territory with its consent)
4. Declared by final judgement a Deserter of the armed forces of the Philippines in times of war
5. Marriage of filipino woman to a foreigner if by virtue of the laws in force in her husband's country, she acquires his nationality
6. Allegiance to foreign country upon attaining 21 years of age
7. Naturalization in a foreign country |
| what are the ways of REACQUIRING citizenship | 1. Naturalization
2. Repatriation
3. Direct act of Congress |
| What is Repatriation? | it is the RECOVERY OF THE ORIGINAL NATIONALITY.
meaning, a NATURALIZED filipino who lost his citizenship will be restored to his prior status as a naturalized filipino citizen.
IF he was originally a NATURAL BORN citizen, he will be restored to his former status as a natural born filipino |
| How is repatriation effected? | by
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 |
| Under RA 9225, what do you mean by REACQUISITION and RETENTION? | REACQUISTION - natural-born citizens who have lost their Filipino citizenship due to naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship
RETENTION - natural-born citizens of the Philippines who, after the effectivity of RA 9225, become citizens of a foreign country shall retain their Philippine citizenship |
| What are the requirements to avail the benefits of RA 9225? | 1. take OATH OF ALLEGIANCE to the Republic of the Philippines and
2. EXPLICITLY RENOUNCE their foreign citizenship IF they want to run for elective posts in the Philippines |
| It arises when, as a result of concurrent application of the different laws of two or more States, a person is simultaneously considered a citizen of both said states. | Dual Citizenship |
| This refers to the situation where a person simultaneously owes, by some positive act, loyalty to two or more States | Dual Allegiance |
| Is dual citizenship allowed? If yes, can persons with dual citizenship run for public office? | YES. 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 their naturalization
The fact that a person has dual citizenship does not disqualify him from running for public office. (Cordora v. COMELEC, G.R. No. 176947, February 19, 2009) Candidates with dual citizenship can run for public office provided that upon the filing of their certificates of candidacy, they elect Philippine citizenship to terminate their status as persons with dual citizenship. (Mercado vs. Manzano, G.R. No. 135083, May 26, 1999) |
| how are FOUNDLINGS classified? | As a matter of law, foundlings are as a class, natural-born citizens. |
