She wants to be complete
The Dual
Citizenship
January-December 2005
UST Law Review
-Coomonwealth act
no. 63 which provides that acquisition of foreign citizenship is a gorund for
the loss of Philippine citizenship. Thus under R.A. 9225, citizens of the
Philippines who becomes citizens of another country shall be deemed not to have
lost their Philippine citizenship under the conditions of the law 1.
-Lose his
Philippine citizenship; express renunciation of Filipino citizenship being in
the service of the armed forces of a foreign country; and seeking public office
in a foreign country. Hence, effectively allowing and approving dual
citizenship. Considering that the fate of R.A. 9225, has nopt yet been decided
by the Supreme Court, all arguments raised by proponents and critics alike are
jjust mere opinions. Nothing is settled yet. As it is sai, The law is what the
judges say it is, "This paper, as an academic excercise, will discuss 2
constitution.
art. 4 and 5: Dual
allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
-Every question
surrounding dual citizenship, dual allegiance, and the dual citizenship law. It
is intended to shed some light on the issue using legal principles, doctrines
and jurisprudence.
-This status
confers upon the individual certain prerogatives which may be denied the alien.
Thus, the citizen enjoys certain exclusive rights, such as the rights to vot,
to run for public office, to exploit natural resources, to operate public
utilitie, to administer educational institutions, and to manage the mass media.
Modes of Acquiring
Citizenship
1999
R. Ledesma, an
outline of Philippines Immigration and citizenship Laws 354
Modern law
recognizes three district modes of acquiring citizenship:
1.) jus sanguinis,
or acquisition of citizenship on the basis of blood relationship:
2.) jus sol, or aquisition
of citizenship on the basis of place of birth; and
3.) naturalization,
or the legal act of adopting an alien abnd clothing him with the privilege of a
native born citizen.
Prior to the
adoption of the 1935 constitution, the supreme court applied the principle of
jus soli to determine the citizenship of person who were born in the
Philippines. 13, thus, in one case, 14 it was held that "all inhabitants
of the Philippine islands who were Spanish subjects on the 11th day of April,
1899, and, and then resided in said islands and their children born subsequent
thereto, shall be deemed and held to be citizens of the Philippine islands
except such as shall have elected to preserve their allegience to the Crown of
Spain in accordance with the provisions of the Treaty of Peace between the
United States and Spain, signed in Pari, Decmeber tenth, 1898, and escept such
others as have since become citizens of some other country."
Citizens of the
Philippines
2003
Cruz, International
Law 183
Under the present
constitution, the following are considered citizens of the Philippines:
1.) Those who are
citizens of the Philippines at the time of the adoption of the constitution.
2.) Those whose
fathers and mothers are citizens of the Philippines.
3.) Those born
before January 17,1973 of Filipino mothers, who elect Philippine citizenship
upon attainin the age of majority.
4.) Those who are
naturalized in accordance with law.
Dual Citizenship:
An Oxymoron?
January-December
2005
UST Law Review
Dual citizenship is
citizenship in two different countries. The concept of dual citizenship
recognizes that a person may have and excercise rights of nationality in two
countries and be subject to the responsibilities of both. It is generally a result if the concurrent
application of the different laws of two or more states; a person is
simultaneuosly considered a national by the said states.
Philippine
citizenship, Dual citizensip and Dual allegiance
January-Decmber
2005
UST Law Review
-Now all other
states would, without hesitation, bestow their citizenship upon our citizens,
if we had the same system of law as themselve... Thus we see that citizens if
Athens, Rhodes, Sparta, and of other states far and wide, are enrolled as
citizens of greek states, and that the same person are citizens of many states.
-Since the court
held that Section 5, Article IV of the 1987 Constitution sanctions only dual
allegiance and not dual citizenship, then dual citizenship may be allowed.
-One problem with
dual citizenship is the divided loylty of the person possesing two
citizenships. Although this was seemingly safeguarded by publuic officials,
before assuming office, they would have to renounce their other citizenship,
the authors of R.A. 9225 still failed to consider other situations where
undivided loyalty is important.
Distinguishing Dual
Citizenship and Dual Allegiance
January-Decmber
2005
UST Law Review
Ernestp Mamaril
filed a disqualification case against vice-mayoralty candidate Manzano on the ground
disqualifiction case against vice mayoralty candidate Manzano on the ground
that he is not a citizen of the Philippines but of the United States. In its
resolution, the second division of the Commission on Elections (COMELEC)
granted the petition of Mamaril and ordered the cancellation of the certificate
of candidacy of Manzano on the ground that he is a dual citizen and, under the
Local Government code and the Makati charter, persons with dual citizenship are
disqualified from running for any eelctive position.
The Dual
Citizenship Law (R.A. 9225)
January-Decmber
2005
UST Law Review
Under this new law,
it declares as the policy of the state that all Philippine citizens who become
of another country shall be deemed bot to have lost their Philippine citizenship.
It provides that natural born citizens of the Philippines who have lost their
Philippine citizenship by reason of their naturalization as citizens of a foreign country, are hereby deemed to
havereacquired Philippine citizenship upom taking tha following oath of
allegiance to the Republic.
Those who retain or
reacquire Philippine citizenship under the law shall enjoy full civil and
political rights and be subject to all attendant liabilities and
responsibilities under existing laws of the Philippines and the following
conditions:
1.) Those intending
to excercise theior right of suffrage must meet the requirements under Section
1, Artcile V of the constitution, the Overseas Absentee Voting law, and other
existing laws;
2.) those seeking
elective public office in the Philippines shall meet the qualifications for
holding such public office as required by the constitution and existing laws
and, at the time of the filing of the certificate of candidacy, make a personal
and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer and oath;
3.) Those appointed
to any public office shall subscribed and swear an oath of allegiance to the
Republic of the Philippines and its duly constituted authorities prior to their
assumption of office; Provided, that they renounced their oath of allegiance to
the country where they took that oath;
4.) Those
intendting to practice theoir profession in the Philippines shall apply with
the proper authority for a license or permit to engage in such practice; and
5.) That right to
vote or be elected or appointed to any puiblic office in the Philippines cannot be excercised by, or extended to,
those who: (a) are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or (b) are in active
service as commisioned or non-commisioned officers in the armed forces of the
country whic they are natuaralized citizens.
Advantges of Dual
citizenship and the Dual citizenship Law
January-Decmber
2005
UST Law Review
Generally, dual
citizens canc arry two passports abd essentially live, work, and travel freely
within their native naturalized countries. Some dual citizens also enjoy the
privilege of voting in both countries, owning property in both countries, and
having government health care in both coutries. Dual citizens under R.A. 9225
shall enjoy full civil and political rights of a Philippine citizen, aside from
the privileges they have as citizens of other states. Thus, dual citizens under
the said law can fully participate in the exploitationof our natural
resourceswithout being subjected to 40-60 percetn arrangement in case of
foreigners.
According to the
proponents of the law, the best advantage, the dual citizenship law can provide
is to our country, which is facing a daunting and gargantuan economic crisis.
The Doubts and
problems on dual citizenship
May 22, 2002
House of
Representatives
A dual citizen may
have and excercise rights of nationality in two countries and be subject to the
responsibilities of both. Concurrently, he will be subject to claims from both
nations, claims which at times may be competing or conflicting .
Philippine
citizenship, Dual citizenship, and Dual Allegiance
January-Decembe2005
UST Law Review,
Vol. XLIX,
One problem with
the dual citizenship is the divided loyalty of the person possesing two
citizenships. Although this was seemingly safguarded by the authors of R.A.
9225 when they provided that, for example, as to elective public officials,
before assuming office, they would have to renounce their other citizenship,
the authors of R.A 9225 still failed to consider othet situations where
undivided loyalty is important.
The constitution
provides: Section 11: 1,) The ownership and management of mass media shall be
limited to citizens of the Philippines, or to corporations, cooperatives or
associations, wholly-owned and manage by such citizens.
Const, art. 2 &
4: The government may call upon the people to defend the state and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal, military, or civil service.
343 U.S. 717 (1952)
887 tan
The obligations of
military service have frequently given rise to controversies.One cannot turn it
into a fair weather citizenship, retaining it for possible contingent benefits
but, meanwhile, playing the part of the traitor. An American citizen owed
allegiance to the United States whereever he may reside. This case
indoctrinates that a dual citizen owes allegiance to both states to which he is
a citizen. Considering this ruling of United States Supreme Court, it would be
hard to conceive that a Filipino naturalized in the United States who
subsequently took an oath of allegiance to the Republic as authorized by R.A.
9225, thus, possessing dual citizenship, owes allegiance only to the
Philippines.
Section 5 of
article 4 of our 1987 constitution for the following reasons:
1.) Although it is
settled under International Law that a sovereing state is free and has the
right to determine who it will consider as its citizens, such right, if made
through a legislative act of Congress, is still subject to and must conform
with the highest law of the land, the Constitution.
2.) Section 5 of
article 4 of our 1987 Constitution is not applicable only to naturalized
citizens, especially the Chineese, for it made no mention of such naturalized
citizens or Chineese and is generalized in application.
3.) What is
excluded from the purview of Section 5 of article 4 of our 1987 constitution,
which provides that "Dual allegiance is inimical to the national
interest," is dual citizenship per se, meaning, based on explanations of
Commisioner Ople and as adopted by Supreme Court Mercado vs. Manzano, that
which is involuntarily acquired or which is result of mixed marriages or birth
on foreign soil. It does not exclude from its provision all forms of dual
citizenship, especially those acquired through a positive deliberate act, such
as that authorized by R.A. 9225.
4.) Dual
citizenship generally includes dual allegiance and dual citizenship
involuntarily or accidentally acquired is an exceptional case not covered by
Section 5 of Article 4 of the 1987 constitution. This is also very clear from
the most basic defiinitions of citizenship as given by authorities. Citizenship
connotes allegiance, says Fr. bernas. Moreover, in Kawakita vs. U>S., it was
held that a dual citizen owes allegiance to both states to which he is citizen,
at least insofar as those acquired through a positive act, such as that authorized
by R.A. 9225.
5.) The recognition
and approval of second allegiance or dual allegiance is crystal clear from the
face of R.A. 9225, the dual citizenship law, itself. First is it use of a
non-exclusive and hypocrytical oath of allegiances. This will allow maintneance
of allegiance of dual citizens under R.A. 9225 to other countries aside from
the Philippines. Second is the requirement of renunciation of foreign oath of
allegiances being only applicable to appointed as public officials, they may
retain their foreign allegiances, effectively resulting in dual allegiance
considered as inimical to the national interest by our Constittution.
Philippine
citizenship, Dual citizenship, and Dual Allegiance ( E. Paras, conflict of
laws 102 (1990)
January-December
2005
UST Law Review,
vol. XLIX
Article 1039, NCC.
Capacity to succeed is governed by the law of the nation of the decendent. It
should be noted that for purposes of private International la, nationality and
citizenship are synonyous terms. Thus, when we say that successional right to
the estate of a person shall be governed by his national law, we really mean
the law of the state of which the deceased was a citizen at the time of his
death.
The Hague
convention of 1930 on the conflict of Nationality laws provides:
Art. 1. It is for
each state to determine under its law who are its nationals. This law shall be
recognized by other states insofar as it is consistent with other international
conventions, international customs and the principles of law generally
recognized with regard to nationality.
Art, 2. Any
question to wether a person possessses the nationality of a particular state
shall be determined in accordance with the law of the State.
Art. 3. Subject to
the provisions of the present Convention, a person having two or more
nationalities may be regarded as its national by each of the States whose
nationality he possesses.
Art. 4. A State may
not afford Diplomatic protection to one of its nationals against a State whose
nationality possesses.
Art. 5. Within a
third State, a peson having more than one nationality shall be treated as if he
had only one. Without prejudice to the application of its law in matters of
personal status and of any convention in force, a third state shall, of the
nationalities which any such person possesses, recognize exclusively in its
territory either the resident or the nationality of the country in which he is
habitually and principally resident or the nationality of the country with
which in the circumstances he appears to be in fact most closely connected.
Art. 6. Without
prejudice to the liberty of a state to accord wider rights to renounce its
nationality, a person possessing two nationalities acquired without any
voluntary act on his part may renounce one of them with the authorization of
the state whose nationality he desires to surrender.
Philippine
Citizenship, Dual Citizenship, and Dual Allegiance
(Structure of
International Law 235 (1964)). this is also confirmed by G. VON GLAHN, LAW
AMONG NATIONS 183 (1965).
January-December
2005
767 M. STA. MARIA,
PERSONS AND FAMILY RELATIONS LAW 165 (199). See also Tenchave^v. Escano,
15SCRA256 (1965).)
An alien abroad, it
shall be recognized in the Philippines, provided that it is valid according to
his national law. Now can the dual citizen husband not argue that since he is
also an American and that absolute divorce is allowed in his "other"
national law, then it should be recognized in the Philippines as well and that
should be allowed to remarry? Following the logic in the answer in the previous
example, it would seem that that the divorce should not be recognized in the
Philippines and that he should not be allowed to remarry for the Philippines
can only regard and consider him as a Filipino. But it should be noted that in
case of divorce decree obtained in the Philippines because of our adherence to
the nationality principle respect to the status of a person.
Constitutionality
of R.A. 9225:
"To doubt is
to sustain." But, is it just mere doubt? Under International Law, R.A.
9225 has no problem considering that every sovereign state is free and has the
right to determine who it will recognize as its citizens. But is this true in
domestic law? Unnder our present legal system, all laws passed by congress must
conform and not contravene the highest law of the land, which is the 1987
Constitution.
Philippine
Citizenship, Dual Citizenship, and Dual Allegiance
(Record of the 1986
Constitutional Commision 190, 192, 203, 209, ,233-235)
January-December
2005
UST Law Review,
Vol. XLIX,
Based on the above
explanation of Commisioner Ople, dual allegiance, and not dual citizenship,
became the subject of the provision because dual citizenship is seldom
intentional and is often a result of mixed marriages or of birth on foreign
soil. In other words, dual citizenship per se is not threatening for it is
usually involuntary, unlike dual allegiance, which is a result of one's
positive acts. In the questioning that followed, Commisioner Ople explained:
Double citizenship
does not reflect on the motives of citizens enjoying double citizenship. As I
said, this is largely a fucntion of accident of mixed marriages or of birth on
foreign soil.
The inconsistency
is more apparent than real. In Mercado V. Manzano, the Supreme Court correctly
distinguished dual citizenship from dual allegiance. It held that dual
citizenship is involuntary, dual allegiance is the result of one's individual
violation. The Court obviously adopted the same form of dual citizenship as
that used by Commisioner Ople in his elucidations above, which is one that is
involuntarily or accidentally acquired.
Citizenship's main
integrate element is allegiance, says our Supreme Court. Dual Citizenship
assumes as a necessary complement thereof dual allegiance at the same time to
two different countries. Hence, dual citizens, at least insofar as those
voluntarily and deliberately acquired, owe allegiance to both states to which
they are citizens, thus, resulting in dual allegiance as contemplated under
Section 5 of Article IV on citizenship.
Are you in favor or
against the double citizen law? Why or why not? Give legal basis:
"Coomonwealth
act no. 63 which provides that acquisition of foreign citizenship is a gorund
for the loss of Philippine citizenship. Thus under R.A. 9225, citizens of the
Philippines who becomes citizens of another country shall be deemed not to have
lost their Philippine citizenship under the conditions of the law 1."
This statement
gives me the idea favoring the double citizenship law since all of us can
acquire the citizenship of other country without losing our citizenship as
Filipinos. Therefore this concludes that we can enjoy privileges and advantages
of both states laws, resources, land etc.
G Em Balaag
IV-AB FS
Immig. Law
Atty. Ida Escalano
:)
