Philippine Citizenship Statutes Reviewer (PDF)

CITIZENSHIP STATUTES REVIEWER: Sections 5–7: Application Procedure 1. Declaration of intention: File with the Bureau of Justice a COMMONWEALTH ACT NO. 63 (1936)...

CITIZENSHIP STATUTES REVIEWER: Sections 5–7: Application Procedure 1. Declaration of intention: File with the Bureau of Justice a COMMONWEALTH ACT NO. 63 (1936) year before the petition. Title: An Act Providing for the Ways in Which Philippine Citizenship 2. Petition: Filed in court, supported by affidavits from two May Be Lost or Reacquired. Filipino citizens. 3. Evidence: Proof of qualifications, adherence to the law, and Section 1: How Citizenship May Be Lost personal credibility. 1. By naturalization in a foreign country. 2. By express renunciation of Philippine citizenship. Section 15: Effect on Family 3. By subscribing to an oath of allegiance to a foreign Wife and minor children can automatically acquire country. citizenship. 4. By accepting a commission in foreign Foreign-born minor children can retain citizenship if residing military/naval/air service. in the Philippines before adulthood. 5. By cancellation of the naturalization certificate. 6. By desertion during wartime (unless pardoned). Section 18: Cancellation of Naturalization 7. For women: Upon marriage to a foreigner if the husband's Grounds: nationality is automatically conferred. Fraudulent or illegal procurement. Section 2: How Citizenship May Be Reacquired Permanent return to native country within 5 years. 1. By naturalization (if qualified under C.A. 2927). Invalid declaration of intention. 2. By repatriation (e.g., for deserters or women who lost Failure of minor children to graduate from recognized citizenship due to marriage). schools. 3. By direct act of the National Assembly. Republic Act No. 9225 (Citizenship Retention and Re- Section 3: Procedure for Reacquisition acquisition Act of 2003) Applicants must: Key Features: Be at least 21 years old. 1. Purpose: Allows natural-born Filipinos who have acquired Have resided in the Philippines for at least 6 months. foreign citizenship to retain or re-acquire their Philippine Renounce allegiance to other sovereignties. citizenship. 2. Mechanism: Citizenship is re-acquired by taking an oath of Section 4: Repatriation allegiance to the Republic of the Philippines. Accomplished by taking an oath of allegiance and 3. Derivative Citizenship: Unmarried minor children (below registering in the civil registry. 18 years old) of those who re-acquire citizenship also become Philippine citizens. COMMONWEALTH ACT NO. 473 (1939) 4. Civil and Political Rights: Title: An Act to Provide for the Acquisition of Philippine Citizenship by Retained/re-acquired citizens can enjoy full civil Naturalization. and political rights but must comply with certain conditions to vote, run for public office, or practice Section 2: Qualifications for Naturalization a profession in the Philippines. 1. Age: At least 21 years old. Those seeking public office or professional practice 2. Residency: 10 years continuous residence (5 years if must renounce allegiance to their foreign with special qualifications). citizenship. 3. Good moral character: Belief in the Constitution and 5. Restrictions: proper conduct. Cannot vote or hold public office in the 4. Economic capacity: Owns property worth at least ₱5,000 Philippines if they are candidates, or has a lawful occupation. officeholders, or active military personnel in 5. Language: Can speak/write English or Spanish and a the foreign country of their naturalization. Philippine language. 6. Education: Enrolled minor children in schools teaching Republic Act No. 8171 (Repatriation Act of 1995) Philippine civics and history. Key Features: 1. Purpose: Provides a process for: Section 3: Special Qualifications (10-year residency reduced to Filipino women who lost their Philippine citizenship 5 years) by marrying foreign nationals. Government service. Natural-born Filipinos who lost their citizenship for Introduced new industry/useful invention. political or economic reasons. 2. Mechanism: Citizenship is regained through repatriation, Married to a Filipino. involving: Teacher for at least 2 years. Taking the oath of allegiance. Born in the Philippines. Registering in the civil registry and Bureau of Immigration. Section 4: Disqualifications 3. Eligibility Restrictions: Excludes: Opposes organized government. Those opposed to organized government or Advocates violence or assassination. advocating violence. Convicted persons of crimes involving moral Polygamist or believer in polygamy. turpitude. Convicted of crimes involving moral turpitude. Those suffering from mental alienation or Mentally ill or incurable contagious disease. incurable contagious diseases. Fails to integrate with Filipinos culturally/socially. Citizen of a country at war with the Philippines. Belongs to a country denying naturalization to Filipinos. Republic Act No. 9225 (Citizenship Retention and Re- Republic Act No. 9225 (2003) acquisition Act of 2003) What it amended: Key Features: o RA 9225 amends Commonwealth Act No. 63, 1. Purpose: Allows natural-born Filipinos who have acquired foreign which previously provided the rules for loss of citizenship to retain or re-acquire their Philippine citizenship. Philippine citizenship, including naturalization in a 2. Mechanism: Citizenship is re-acquired by taking an oath of foreign country. allegiance to the Republic of the Philippines. o It introduced the provision that natural-born 3. Derivative Citizenship: Unmarried minor children (below 18 Filipinos who acquire foreign citizenship are years old) of those who re-acquire citizenship also become deemed not to have lost their Philippine Philippine citizens. citizenship, provided they take the required oath 4. Civil and Political Rights: of allegiance. Retained/re-acquired citizens can enjoy full civil and political rights but o This effectively made the loss of citizenship under must comply with certain conditions to vote, run for public office, or certain conditions (e.g., foreign naturalization) practice a profession in the Philippines. reversible without undergoing full repatriation. Those seeking public office or professional practice must renounce Republic Act No. 8171 (1995) allegiance to their foreign citizenship. What it amended: 5. Restrictions: o RA 8171 does not explicitly amend Commonwealth Act No. 63 but relies on its Section 4, which Cannot vote or hold public office in the Philippines if they are outlines repatriation by taking an oath of candidates, officeholders, or active military personnel in the foreign allegiance. country of their naturalization. o RA 8171 expands the application of repatriation Republic Act No. 8171 (Repatriation Act of 1995) to include specific groups: Key Features: § Filipino women who lost citizenship due 1. Purpose: Provides a process for: to marriage to foreign nationals. Filipino women who lost their Philippine § Natural-born Filipinos who lost citizenship by marrying foreign nationals. citizenship due to political or economic Natural-born Filipinos who lost their necessity. citizenship for political or economic reasons. How RA 9225 and RA 8171 are Related 2. Mechanism: Citizenship is regained through repatriation, 1. Overlap: Both laws deal with the reacquisition of Philippine involving: citizenship but differ in their scope: Taking the oath of allegiance. o RA 9225 focuses on retaining or regaining Registering in the civil registry and Bureau citizenship through an oath, mainly for those of Immigration. naturalized abroad. o RA 8171 provides for repatriation, targeting 3. Eligibility Restrictions: Excludes: specific groups (e.g., women who lost citizenship Those opposed to organized government or through marriage). advocating violence. 2. RA 9225 supersedes RA 8171 in some cases: Convicted persons of crimes involving moral o For natural-born Filipinos who lost citizenship by turpitude. naturalization abroad, RA 9225 provides a Those suffering from mental alienation or streamlined process (retention/reacquisition incurable contagious diseases. through an oath). o For cases not covered by RA 9225 (e.g., loss of citizenship due to marriage), RA 8171 remains applicable. Summary of Amendments: RA 9225 explicitly amends Commonwealth Act No. 63 by making the loss of citizenship reversible through the retention/reacquisition mechanism. RA 8171 does not amend Commonwealth Act No. 63 directly but expands its repatriation provisions for specific cases. Key Distinction: RA 9225 is broader, focusing on retention or re-acquisition of citizenship for Filipinos who became naturalized abroad. RA 8171 is specific to repatriation, mainly for women affected by marriage laws and others who lost citizenship due to political/economic reasons. Both laws emphasize the importance of oath-taking as a requirement to regain Philippine citizenship and assert allegiance to the Philippines. Commonwealth Act No. 63, enacted in 1936, defines the means by which Philippine citizenship may be lost or reacquired. While portions of CA 63 have been modified or superseded by subsequent legislation like RA 8171 and RA 9225, some key points remain relevant and are still in force as of 2024: Key Provisions Still Enforced 1. Modes of Losing Philippine Citizenship (Section 1): These provisions remain the foundation for determining how citizenship may be lost: o Naturalization in a foreign country. o Express renunciation of Philippine citizenship. o Subscribing to an oath of allegiance to a foreign country. o Committing acts of treason against the Philippines. o Cancellation of naturalization by court judgment. o Desertion from the Philippine armed forces during war. o Rendering service to or accepting a commission in the armed forces of a foreign country (with some exceptions, as detailed in RA 9225). 2. Reacquisition of Philippine Citizenship (Section 4): o Repatriation: CA 63 provides the mechanism for repatriation by taking an oath of allegiance and registering in the proper civil registry. § This remains applicable, especially for cases falling under RA 8171 for Filipino women who lost citizenship by marriage or natural-born Filipinos who lost citizenship for political or economic reasons. 3. Grounds for Disqualification from Reacquisition (Implicitly Reinforced): While not directly enumerated in later laws, CA 63's prohibitions on certain persons reacquiring citizenship (e.g., those convicted of crimes involving moral turpitude, those teaching doctrines opposing organized government) remain relevant when evaluating eligibility for repatriation or retention. Portions Modified or Superseded 1. Natural-Born Citizenship Retention (RA 9225): Natural-born citizens who acquire foreign citizenship no longer lose their Philippine citizenship outright. This aspect of CA 63 has been superseded by RA 9225. 2. Repatriation Expanded (RA 8171): Specific groups such as women who lost citizenship due to marriage are given a distinct pathway to citizenship reacquisition under RA 8171, supplementing Section 4 of CA 63. 3. Express Renunciation for Elective or Appointive Office (RA 9225): RA 9225 imposes additional requirements for reacquiring citizens who wish to run for public office, including explicit renunciation of foreign citizenship, which supplements the conditions in CA 63. Why CA 63 Still Matters Despite amendments and supplementary laws: Foundational Role: CA 63 remains a cornerstone in defining the basic framework for loss and reacquisition of citizenship. Gap-Filling: Where newer laws like RA 9225 and RA 8171 do not explicitly address specific scenarios, CA 63's provisions continue to apply. Judicial Reference: Courts may refer to CA 63 for principles of citizenship, especially in cases where no newer legislation specifically applies. In 2024, CA 63 serves as the legal backbone, complemented and refined by newer laws addressing modern citizenship issues.