Uploaded by John Romano Amansec

Modes of Acquiring, Losing and Reacquiring Filipino Citizenship

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MODES OF ACQUIRING CITIZENSHIP
(Article IV, Section 3)
1. Involuntary: by birth (natural born citizen); Principles governing them
a. jus soli
b. jus sanguini, Article IV, Section 2
2. Voluntary: by naturalization (naturalized citizen)
a. Direct naturalization
i. Judicial naturalization; CA 63, CA 473, RA 530
a) Substantive requirements: Qualifications & Disqualifications
b) Procedural requirements
Cases:
- So v RP, 513 SCRA 267 (2007)
- Republic v Go Pei Hung, GR212785, Apr 4, 2018
ii. Administrative naturalization; RA 9139 (2001)
a) Substantive requirements: Qualifications & Disqualifications
b) Procedural requirements
iii. Legislative naturalization
a) Special naturalization laws
b) Mass naturalization law; Philippine Bill of 1902
c) General law on naturalization; LOI 270 (1978)
b. Derivative naturalization
i. Wife
ii. minor children
iii. alien woman upon marrying a Filipino
MODES OF LOSING CITIZENSHIP
(Article IV, Section 3)
1.
2.
Involuntary
a. by denaturalization (cancellation of certificate of naturalization)
b. found by final judgment to be a deserter of war
Voluntary
a. by expatriation
i. by naturalization in a foreign country
ii. by express renunciation of Philippine citizenship, Article Iv, Section 4
iii. by taking an oath of allegiance to a foreign country; exception: Doctrine
of Indelible Allegiance
MODES OF REACQUIRING CITIZENSHIP
1.
2.
by naturalization
by repatriation
a. Commonwealth Act 63 (deserted AFP)
b. RA 965 (1963) (served Allied Forces in World War II)
c. RA 2630 (1960) (deserted US Armed Forces)
d. PD 725 (natural born Filipinos who lost citizenship)
e. RA 8171 (1995) (lost citizenship due to marriage, politics or economics)
 how is repatriation accomplished?
f. RA 9225 (Sep 17, 2003) (Citizenship Retention and Acquisition Act of 2003)
 Effect of acquisition of foreign citizenship before RA 9225
 Effect of acquisition of foreign citizenship under RA 9225
Cases:
- Maquiling v Comelec, 696 SCRA 420 (2013) & 700 SCRA 367 (2013)
- David v Agbay, GR 1991113, Mar 18, 2015
3. by law (direct act of Congress)
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