More on Philippine citizenship and naturalization: ON LEGISLATIVE NATURALIZATION
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Former Filipino citizens may re-acquire Philippine citizenship
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Natural-born citizens of the Philippines who became citizens of a foreign country may retain their Philippine citizenship
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The taking of Oath of Allegiance is a condition for the reacquisition or retention of Philippine citizenship
More Filipinos, due to their working conditions abroad or some other personal reasons, are being enticed with the idea of becoming a citizen of another country.
Is it possible that a Filipino who is a citizen of another country is deemed not to have lost his or her Philippine citizenship?
The law says:
Yes.
However, this is possible only after Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) took effect on 29 August 2003.
For a better understanding, let us take the case of Vivenne K. Tan vs. Vincent “Bingbong” Crisologo.
In this case, Tan, born to Filipino parents, became a naturalized citizen of the United States of America (U.S.A.) on 19 January 1993. On 26 October 2009, Tan applied to be a registered voter in Quezon City. In her application, she indicated that she was a Filipino Citizen by birth. Her application was approved and she subsequently took an Oath of Allegiance to the Republic of the Philippines on 30 November 2009.
On the following day, or on 01 December 2009, she filed a petition before the Bureau of Immigration (BI) for the reacquisition of her Philippine Citizenship. In her petition, she stated that she lost her Philippine Citizenship when she became a naturalized American Citizen. However, Tan executed a sworn declaration renouncing her allegiance to the U.S.A. Tan’s reacquisition of Philippine Citizenship was subsequently confirmed by the BI.
On 28 December 2009, Crisologo filed a petition before the court seeking the exclusion of Tan from voter’s registration list because according to him, Tan was not a Filipino citizen when she registered as a voter.
In her answer, Tan countered that she is a natural-born citizen having born to Filipino parents although she became a naturalized American citizen. She claimed that since 1996, she had effectively renounced her American citizenship as she had been continuously residing in the Philippines. She had also found employment within the country and even set up a school somewhere in Greenhills.
Is Tan a Filipino citizen when she registered as a voter?
The Supreme Court says:
No.
In this case, Tan filed her voter’s registration application on 26 October 2009, and that she only took her Oath of Allegiance to the Republic of the Philippines on 30 November 2009. Thus, when she filed her voter’s application registration, Tan was not a Filipino citizen. Taking the Oath of Allegiance is a requirement for the reacquisition of Philippine citizenship.
Tan argues that (1) her reacquisition of Philippine citizenship through Republic Act No. 9225 has retroactive effect, such that a natural-born Filipino citizen is deemed never to have lost his or her Filipino citizenship.
Is she correct?
The Supreme Court says:
No.
Tan took an Oath of Allegiance to the U.S.A. on 19 January 1993, prior to the enactment of Republic Act No. 9225 on 29 August 2003. During the time Tan lost her Philippine citizenship, Republic Act No. 9225 was not yet enacted and the applicable law was still Commonwealth Act No. 63. Under this law, both the renunciation of Philippine citizenship and the acquisition of a new citizenship in a foreign country through naturalization are grounds to lose Philippine citizenship:
“Section 1. How citizenship may be lost. – A Filipino citizen may lose his citizenship in any of the following ways and/or events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
xxx”
Since the foregoing law was still effective when Tan became an American citizen, the loss of her Philippine citizenship is but a necessary consequence.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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