Who are the Citizens of Who are the Citizens of the Philippines?the Philippines?

A A FilipFilipino citizen ino citizen may be may be consconsidered idered natunatural-boral-born rn or naturalized or naturalized citizecitizen. n. Both statuses bestow upon theBoth statuses bestow upon theindividual certain privileges and exclusive rights sindividual certain privileges and exclusive rights such as the rights to uch as the rights to vote, to run for public, etc. vote, to run for public, etc. which may bewhich may bedenied the foreigner.denied the foreigner.

NATURAL-BORN FILIPINONATURAL-BORN FILIPINO

Art. IV, sec. 2 Art. IV, sec. 2 of the 1987 Constitution defines the NATURAL-BORN Filipinof the 1987 Constitution defines the NATURAL-BORN Filipino citizens as:o citizens as:

1. 1. “Those who are citizens of th“Those who are citizens of the Philippines at the time of the Philippines at the time of the adoption of the adoption of this (1987) Constitution”is (1987) Constitution”

2. 2. “those whose fathers OR m“those whose fathers OR mothers are citizens of the Philippothers are citizens of the Philippines” andines” and

3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching theage of majority.age of majority.

Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother willEven if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother willbestow natural-born Philippine citizenship upon the child PROVIDEbestow natural-born Philippine citizenship upon the child PROVIDED his birth D his birth occurred on or after occurred on or after January 17,January 17,1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father andacquired at best only an inchoate Philippine citizenship which he could perfect by election upon attainingacquired at best only an inchoate Philippine citizenship which he could perfect by election upon attainingmajority age. majority age. EXCEPT if he is born ouEXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipint of lawful wedlock, in which case, he will be considered a Filipino byo byvirtue of his mother’s citizenship.virtue of his mother’s citizenship.

In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of theIn addition, only natural-born citizens are allowed to hold constitutional offices such as the office of thePresident; Senators; Members of the House of Representatives; Members of the Supreme Court; and thePresident; Senators; Members of the House of Representatives; Members of the Supreme Court; and theChairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC andChairman and Commissioners of the Constitutional Commissions (Civil Service Commission, COMELEC andthe Commission on Audit).the Commission on Audit).

NATURALIZED FILIPINONATURALIZED FILIPINO

Naturalization takes place Naturalization takes place either voluntarily by complying both the either voluntarily by complying both the substantive and procedural requirementssubstantive and procedural requirementsof the general naturalization law or by operation of law. This process may be direct or derivative.of the general naturalization law or by operation of law. This process may be direct or derivative.

Under the Commonwealth Act 473, a foreigner who is not married to a Filipino but seeks to acquireUnder the Commonwealth Act 473, a foreigner who is not married to a Filipino but seeks to acquirePhilippine citizenship is required to have lived in the Philippines for a continuous period of NOT LESS than tenPhilippine citizenship is required to have lived in the Philippines for a continuous period of NOT LESS than ten(10) years. (10) years. The said periThe said period shall be reduod shall be reduced to five (5) years if he ced to five (5) years if he is being maris being married to a Filipinoried to a Filipino. . OtheOther r prescribed qualifications pertain to the age, moral, occupational, language and educational qualifications of prescribed qualifications pertain to the age, moral, occupational, language and educational qualifications of the petitioner.the petitioner.

However, naturalization shall be subject to However, naturalization shall be subject to the Rule of Reciprocity, hence, the the Rule of Reciprocity, hence, the alien petitioner must prove byalien petitioner must prove byevidence that the laws of evidence that the laws of his country grant Filipinos the right to be naturalized.his country grant Filipinos the right to be naturalized.

NaturalizationNaturalization is ais a mode for both acquisition and reacquisition of Philippine citizenshipmode for both acquisition and reacquisition of Philippine citizenship. . As a As a mode of initially mode of initially acquiringacquiringPhilippine citizenship, naturalization is governed by Commonwealth Act NPhilippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended. o. 473, as amended. On the other hand,On the other hand,naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63(An Act (An Act Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]).Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]). Under this law, a former Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of theFilipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of thedisqualifications mentioned in Section 4 of C.A. 473.disqualifications mentioned in Section 4 of C.A. 473.

RepatriationRepatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1), on the other hand, may be had under various statutes by those who lost their citizenship due to: (1)desertion of the armed forcesdesertion of the armed forces (Section 4, C.A. No. 63);(Section 4, C.A. No. 63); (2) service in the armed forces of the allied forces in World War (2) service in the armed forces of the allied forces in World War IIII (Section 1, Republic Act No. 965 [1953]);(Section 1, Republic Act No. 965 [1953]); (3) service in the Armed Forces of the United States at any other time(3) service in the Armed Forces of the United States at any other time (Sec.(Sec.1, Republic Act No. 2630 [1960]);1, Republic Act No. 2630 [1960]); (4) marriage of a Filipino woman to an alien(4) marriage of a Filipino woman to an alien (Sec. 1, Republic Act No. 8171(Sec. 1, Republic Act No. 8171[1995]);[1995]); and (5) political and economic necessityand (5) political and economic necessity (Ibid).(Ibid).

As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where theallegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where theperson concerned resides or last resided…xxxperson concerned resides or last resided…xxx

Moreover,Moreover, repatriation results in therepatriation results in the recovery of the original nationality recovery of the original nationality .. This means that a naturalized FilipinoThis means that a naturalized Filipinowho lost his citizenship will be restored to his prwho lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. ior status as a naturalized Filipino citizen. On the other hand, if he wasOn the other hand, if he wasoriginally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as aoriginally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as anatural-born Filipino.natural-born Filipino.

CITIZENSHIP §CITIZENSHIP §  Art. IV, 19 Art. IV, 1987 Constitu87 Constitutiontion

SECTION 1.SECTION 1. The following are citizens of the Philippines:The following are citizens of the Philippines:(1) (1) Those Those who who are are citizens citizens of of the the Philippines Philippines at at the the time time of of the the adoption adoption of of this this Constitution;Constitution;(2) (2) Those Those whose whose fathers fathers or or mothers mothers are are citizens citizens of of the the Philippines;Philippines;(3) (3) Those Those born born before before January January 17, 17, 1973, 1973, of of Filipino Filipino mothers, mothers, who who elect elect Philippine Philippine citizenship citizenship upon upon reaching reaching thetheage of majority; andage of majority; and(4) (4) Those Those who who are are naturalized naturalized in in accordance accordance with with law.law.

SECTION 2.SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to performNatural-born citizens are those who are citizens of the Philippines from birth without having to performany act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance withany act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance withparagraph (3), Section 1 hereof shall be deemed natural-born citizens.paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

SECTION 3.SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.Philippine citizenship may be lost or reacquired in the manner provided by law.

SECTION 4.SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omissionCitizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omissionthey are deemed, under the law, to have renounced it.they are deemed, under the law, to have renounced it.

SECTION 5.SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

§§ Valles v. Valles v. COMELECOMELECC, 337 SCRA 543, Aug. 9, 2000, En Banc [Purisima], 337 SCRA 543, Aug. 9, 2000, En Banc [Purisima] [Jus sanguinis principle; renunciation of [Jus sanguinis principle; renunciation of Philippine citizenship; Application of Res Judicata in citizenship issues]Philippine citizenship; Application of Res Judicata in citizenship issues] ---- 3. loss and reacquisition of ---- 3. loss and reacquisition of citizenship – art IV, sec 3; CA 63citizenship – art IV, sec 3; CA 63

r.a.no. 8171r.a.no. 8171

Jus sanguinis principleJus sanguinis principle

The Philippine law on citizenship adheres to the principle of The Philippine law on citizenship adheres to the principle of  jus sa jus sanguinis.nguinis. Thereunder, a child follows theThereunder, a child follows the

nationality or citizenship of the parents regardless of the place of his/her birth, as opposed to the doctrine of nationality or citizenship of the parents regardless of the place of his/her birth, as opposed to the doctrine of  jus jus

soli soli which determines nationality or citizenship on the basis of place of birth.which determines nationality or citizenship on the basis of place of birth.

Renunciation of Philippine citizenshipRenunciation of Philippine citizenship

The mere fact that private respondent Rosalind Ybasco Lopez was a holder of an Australian passport and had an alienThe mere fact that private respondent Rosalind Ybasco Lopez was a holder of an Australian passport and had an alien

certificate of registration are not acts constituting an effective renunciation of citizenship and do not militate against her certificate of registration are not acts constituting an effective renunciation of citizenship and do not militate against her 

claim of Filipino citizenship.claim of Filipino citizenship. For renunciation to effectively result in the loss of citizenship, the same must be expressFor renunciation to effectively result in the loss of citizenship, the same must be express..

 As hel As held by thd by this Couis Court in trt in the aforhe aforecited ecited case of case of  Aznar  Aznar , an application for an alien certificate of registration does not, an application for an alien certificate of registration does not

amount to an express amount to an express renunciation or repudiation of one’s crenunciation or repudiation of one’s citizenship. itizenship. The application of the The application of the herein private respondentherein private respondent

for an alien certificate of registration, and her holding of an Australian passport, as in the case of for an alien certificate of registration, and her holding of an Australian passport, as in the case of  Mercado v.Mercado v.

Manzano,Manzano, were mere acts of assertion of her Awere mere acts of assertion of her Australian citizenship before she effectively renounced the same. ustralian citizenship before she effectively renounced the same. Thus,Thus,

at the most, private respondent had dual citizenship – she was an Australian and a Filipino, as well.at the most, private respondent had dual citizenship – she was an Australian and a Filipino, as well.

Moreover, under Commonwealth Act 63, the fact that a child of Filipino parent/s was born in another country hasMoreover, under Commonwealth Act 63, the fact that a child of Filipino parent/s was born in another country has

not been included as a ground for losing one’s Philippine citizenship. not been included as a ground for losing one’s Philippine citizenship. Since private respondent did not lose or Since private respondent did not lose or 

renounce her Philippine citizenship, petitioner’s claim that respondent must go through the process of repatriation doesrenounce her Philippine citizenship, petitioner’s claim that respondent must go through the process of repatriation does

not hold water.not hold water.

 Applic Application ation of Res of Res JudicaJudicata in cita in citizenstizenship isship issuesues [c. naturalized citizens][c. naturalized citizens]

Petitioner is correct insofar as thePetitioner is correct insofar as the general rule is concerned,general rule is concerned, i.e.,i.e., the principle of the principle of res judicatares judicata generally does notgenerally does not

apply in cases hinging on the issue apply in cases hinging on the issue of citizenshipof citizenship. . However, in However, in the case the case of of Burca v. Republic (51 SCRA 248 Burca v. Republic (51 SCRA 248 

[1973])[1973]),, an exception to this general rule was recognized. an exception to this general rule was recognized. The Court ruled in that case thatThe Court ruled in that case that in order that the doctrinein order that the doctrine

of of res judicatares judicata may be applied in cases may be applied in cases of citizenship, the following must be present:of citizenship, the following must be present:

1) 1) a person’s citizenship a person’s citizenship be raised as be raised as a material a material issue in a issue in a controversy where said controversy where said person is a person is a party;party;

2) 2) the Solicitor the Solicitor General or General or his authorized his authorized representative took active representative took active part in part in the resolution the resolution thereof, andthereof, and

3) 3) the the finding finding on on citizenship citizenship is is affirmed affirmed by by this this Court.Court.

§§ Re: Application for Admission to the Re: Application for Admission to the Philippine Bar,Philippine Bar, Vicente D. ChingVicente D. Ching, Bar Matter No. 914, Oct. 1, 1999, En, Bar Matter No. 914, Oct. 1, 1999, En

Banc [Kapunan]Banc [Kapunan] [Failure to elect Philippine c[Failure to elect Philippine citizenship upon reachinitizenship upon reaching the age of majority] g the age of majority] ------ [loss and[loss and

reacquisition of citizenship]reacquisition of citizenship]

Under Article IV, Section 1(3) of the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother andUnder Article IV, Section 1(3) of the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother and

an alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child electedan alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child elected

Philippine Philippine citizenship. citizenship. xxxxxx

The phrase “reasonable time” has been interpreted to mean that the election should be made within three (3) yearsThe phrase “reasonable time” has been interpreted to mean that the election should be made within three (3) years

from reaching the age of majority. xxxfrom reaching the age of majority. xxx

Philippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed whenPhilippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed when

convenientconvenient.. One who is privileged to elect Philippine citizenship has only an One who is privileged to elect Philippine citizenship has only an inchoate right to such citizenship. inchoate right to such citizenship. AsAs

such, he should avail of the right with fervour, enthusiasm and promptitude.such, he should avail of the right with fervour, enthusiasm and promptitude.

§§ Bengzon, III v. HRETBengzon, III v. HRET, G.R. No. 142840, May 7, 2001, En Banc, G.R. No. 142840, May 7, 2001, En Banc [Kapunan][Kapunan] [Natural-born Philippine citizenship;[Natural-born Philippine citizenship;

Effect of RepatriationEffect of Repatriation; Naturalization and ; Naturalization and Repatriation] Repatriation] ------ [loss and reacquisition of citizenship][loss and reacquisition of citizenship]

There areThere are two ways of two ways of acquiring citizenship:acquiring citizenship: (1) by birth, and (1) by birth, and (2) by naturalization. (2) by naturalization. These ways of These ways of acquiringacquiring

citizenship correspond to the two kinds of citizens: the natural-born citizen, and the naturalized citizen. citizenship correspond to the two kinds of citizens: the natural-born citizen, and the naturalized citizen. A person whoA person who

at the time of his birth is a citizen of a particular country, is a natural-born citizen thereof.at the time of his birth is a citizen of a particular country, is a natural-born citizen thereof.

 As def As defined in ined in the x the x x x Cox x Constitutnstitution,ion, natural-born citizensnatural-born citizens “are those citizens of the Philippines from birth without“are those citizens of the Philippines from birth without

having to perform any act to acquire or perfect his Philippine citizenship.”having to perform any act to acquire or perfect his Philippine citizenship.”

On the other hand,On the other hand, naturalized citizensnaturalized citizens are those who have become Filipino citizens through naturalization, generallyare those who have become Filipino citizens through naturalization, generally

under Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which repealed the former under Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which repealed the former 

Naturalization Law (Act No. 2927), and by Republic Act No. 530Naturalization Law (Act No. 2927), and by Republic Act No. 530

…xxx…xxx

To be naturalized To be naturalized , an applicant has to prove that he possesses all the qualifications and none of the, an applicant has to prove that he possesses all the qualifications and none of the

disqualifications provided by law disqualifications provided by law to become a Fto become a Filipino citizen. ilipino citizen. The decision granting PThe decision granting Philippine citizenship becomeshilippine citizenship becomes

executory only after two (2) years from its promulgation when the court is satisfied that during the intervening period,executory only after two (2) years from its promulgation when the court is satisfied that during the intervening period,

the applicant has (1) not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not beenthe applicant has (1) not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not been

convicted of any offense or violation of government promulgated rules; or (4) committed any act prejudicial to theconvicted of any offense or violation of government promulgated rules; or (4) committed any act prejudicial to the

interest of the nation or contrary to any government announced policiesinterest of the nation or contrary to any government announced policies (Section 1, R.A. 530).(Section 1, R.A. 530).

Filipino citizens who have lost their citizenship may x x x reacquire the same in the manner provided byFilipino citizens who have lost their citizenship may x x x reacquire the same in the manner provided by

law.law. Commonwealth Act No. 63 enumerates theCommonwealth Act No. 63 enumerates the three modes by which Philippine citizenship may be reacquired three modes by which Philippine citizenship may be reacquired 

by a former citizen:by a former citizen: (1) by naturalization, (2) by repatriation, and (3) by direct act of Congress(1) by naturalization, (2) by repatriation, and (3) by direct act of Congress ..

…xxx…xxx

NaturalizationNaturalization is ais a mode for both acquisition and reacquisition of Philippine citizenshipmode for both acquisition and reacquisition of Philippine citizenship. . As a As a mode of mode of initiallyinitially

acquiring Philippine citizenship, naturalization is governed by Commonwealth Act Nacquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended. o. 473, as amended. On the other On the other 

hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63(An Act (An Act 

Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]).Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired [1936]). Under this law, a former Under this law, a former 

Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of theFilipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of the

disqualifications mentioned in Section 4 of C.A. 473.disqualifications mentioned in Section 4 of C.A. 473.

RepatriationRepatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1), on the other hand, may be had under various statutes by those who lost their citizenship due to: (1)

desertion of the armed forcesdesertion of the armed forces (Section 4, C.A. No. 63);(Section 4, C.A. No. 63); (2) service in the armed forces of the allied forces in World War (2) service in the armed forces of the allied forces in World War 

IIII (Section 1, Republic Act No. 965 [1953]);(Section 1, Republic Act No. 965 [1953]); (3) service in the Armed Forces of the United States at any other time(3) service in the Armed Forces of the United States at any other time (Sec.(Sec.

1, Republic Act No. 2630 [1960]);1, Republic Act No. 2630 [1960]); (4) marriage of a Filipino woman to an alien(4) marriage of a Filipino woman to an alien (Sec. 1, Republic Act No. 8171(Sec. 1, Republic Act No. 8171

[1995]);[1995]); and (5) political and economic necessityand (5) political and economic necessity (Ibid).(Ibid).

As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of 

allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where theallegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the

person concerned resides or last resided…xxxperson concerned resides or last resided…xxx

Moreover,Moreover, repatriation results in therepatriation results in the recovery of the original nationality recovery of the original nationality .. This means that a naturalized FilipinoThis means that a naturalized Filipino

who lost his citizenship will be restored to his prwho lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. ior status as a naturalized Filipino citizen. On the other hand, if he wasOn the other hand, if he was

originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as aoriginally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a

natural-born Filipino.natural-born Filipino.

§§ Angat v. RepublicAngat v. Republic, G.R. No. 132244, Sept. 14, 1999 [Vitug], G.R. No. 132244, Sept. 14, 1999 [Vitug] [Repatriation under R.A. 8171] [Repatriation under R.A. 8171] 

R.A. No. 8171, which has lapsed into law on October 23, 1995, is an act providing for the repatriation (a) of FilipinoR.A. No. 8171, which has lapsed into law on October 23, 1995, is an act providing for the repatriation (a) of Filipino

women who have lost their Philippine citizenship by marriage to aliens and (b) of natural-born Filipinos who have lostwomen who have lost their Philippine citizenship by marriage to aliens and (b) of natural-born Filipinos who have lost

their Philippine citizenship on account of political or economic necessity.their Philippine citizenship on account of political or economic necessity.

 An app An application lication for refor repatriatipatriation couon could be fld be filed wiled with theith the Special Committee on NaturalizationSpecial Committee on Naturalization chaired by the Solicitor chaired by the Solicitor 

General with the Undersecretary of Foreign Affairs and the Director of the National Intelligence Coordinating Agency asGeneral with the Undersecretary of Foreign Affairs and the Director of the National Intelligence Coordinating Agency as

the other members.the other members.

§§ Mercado v. ManzanoMercado v. Manzano, 307 SCRA 630, May 26, 1999, 307 SCRA 630, May 26, 1999, En Banc [Mendoza], En Banc [Mendoza] [Dual citizenship and dual allegiance] [Dual citizenship and dual allegiance] 

Dual citizenshipDual citizenship arises when, as a result of the concurrent application of the different laws of two or more states, aarises when, as a result of the concurrent application of the different laws of two or more states, a

person is simultaneously considered a national by the said states. person is simultaneously considered a national by the said states. For instance, such a situation may arise wFor instance, such a situation may arise when ahen a

person whose parents are citizens of a state which adheres to the principle of person whose parents are citizens of a state which adheres to the principle of  jus san jus sanguinisguinis is born in a state whichis born in a state which

follows the doctrine of follows the doctrine of  jus sol jus soli.i. Such a person,Such a person, ipso factoipso facto and without any voluntary act on his part, is concurrentlyand without any voluntary act on his part, is concurrently

considered a citizen of both states.considered a citizen of both states.

Dual allegianceDual allegiance, on the other hand, refers to a situation in which a person simultaneously owes, by some positive act,, on the other hand, refers to a situation in which a person simultaneously owes, by some positive act,

loyalty to two or more states. loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual’sWhile dual citizenship is involuntary, dual allegiance is the result of an individual’s

volition…xxxvolition…xxx

Hence, the phrase “dual citizenship” in R.A. No. 7160, Section 40(d) (Local Government Code) must be understood asHence, the phrase “dual citizenship” in R.A. No. 7160, Section 40(d) (Local Government Code) must be understood as

referring to “dual allegiance.” referring to “dual allegiance.” Consequently, persons with mConsequently, persons with mere dual citizenship do not ere dual citizenship do not fall under this dfall under this disqualification.isqualification.

Unlike those with dual allegiance, who must, x x x, be subject to strict process with respect to the termination of their Unlike those with dual allegiance, who must, x x x, be subject to strict process with respect to the termination of their 

status, for candidates with dual citizenship, it should suffice if, upon the filing of their certificate of candidacy, they electstatus, for candidates with dual citizenship, it should suffice if, upon the filing of their certificate of candidacy, they elect

Philippine citizenship to terminate their status as persons with dual citizenship considering that their condition is thePhilippine citizenship to terminate their status as persons with dual citizenship considering that their condition is the

unavoidable consequence of conflicting laws of different states.unavoidable consequence of conflicting laws of different states.

Instances when a Philippine citizen may possess dual Instances when a Philippine citizen may possess dual citizenship:citizenship:

1- 1- Those Those born born of of parents parents whose whose country country adopts adopts thethe jus san jus sanguinisguinis principle in fereign countries which follows theprinciple in fereign countries which follows the jus jus

soli soli principle.principle.

2- 2- Those born Those born in the Philippines in the Philippines of Filipino of Filipino mothers and mothers and an alien father, an alien father, if by the if by the laws of laws of their father’s country their father’s country suchsuch

children are citizens of that country.children are citizens of that country.

3- 3- Those who Those who marry aliens marry aliens if by if by the laws the laws of the of the latter’s country, the latter’s country, the former are former are considered citizens,considered citizens, unless,unless, by their actby their act

or omission they are deemed to have renounced Philippine citizenship.or omission they are deemed to have renounced Philippine citizenship.

DOCTRINE OF STATE IMMUNITY FROM SUITDOCTRINE OF STATE IMMUNITY FROM SUIT

* “ The royal prerogative of dishonesty ”* “ The royal prerogative of dishonesty ”

§§ Sec, 3, Art. XVI, 1987 ConstitutionSec, 3, Art. XVI, 1987 Constitution

SECTION 3.SECTION 3. The State may not be sued without its consent.The State may not be sued without its consent.

§§ Sec. 2, Art. II, 1987 ConstitutionSec. 2, Art. II, 1987 Constitution

SECTION 2.SECTION 2. The Philippines renounces war as an instrument of national policy,The Philippines renounces war as an instrument of national policy, adopts the generally accepted adopts the generally accepted  princi principles of ples of internainternational tional law alaw as part os part of the f the law of law of the lathe land nd and adheres to the policy of peace, equality, justice,and adheres to the policy of peace, equality, justice,freedom, cooperation, and amity with all nations.freedom, cooperation, and amity with all nations.

Basis of the Doctrine of Basis of the Doctrine of State ImmunityState ImmunityEthicalEthicalPracticalPractical

 As to  As to a locaa local statel state As to  As to a forea foreign stign stateate

"There can be no "Par in parem non The state will be legal right against habet imperium" busy defending the authority"There can be no "Par in parem non The state will be legal right against habet imperium" busy defending the authoritythatthat Doctrine of sovereignDoctrine of sovereign itself from lawsuits makes the law onitself from lawsuits makes the law on equality of all statesequality of all states which the rightwhich the rightdepends"depends"

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9139, OTHERWISE KNOWN AS “THERULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 9139, OTHERWISE KNOWN AS “THE

ADMINISTRATIVE NATURALIZATION LAW OF 2000”ADMINISTRATIVE NATURALIZATION LAW OF 2000”

SectioSection n 1.1. Special Committee on NaturalizationSpecial Committee on Naturalization. . – – The Special CommitThe Special Committee tee on Naturalizaton Naturalization, hereinafteion, hereinafter r referrreferred ed totoas theas the “Committee” “Committee” , shall be composed of: (1) the Solicitor-General, as Chairman; (2) the Secretary of Foreign Affairs, shall be composed of: (1) the Solicitor-General, as Chairman; (2) the Secretary of Foreign Affairsor his duly authorized representative; and (3) the National Security Adviser, as members. The Committee shall haveor his duly authorized representative; and (3) the National Security Adviser, as members. The Committee shall haveits principal office at the Office of the Solicitor-General. The Committee shall meet, as often as practicable, toits principal office at the Office of the Solicitor-General. The Committee shall meet, as often as practicable, toconsider applications for naturalization.consider applications for naturalization.

SectioSection n 2.2. Secretariat of the Committee; Functions.Secretariat of the Committee; Functions. –  – ImmImmediately upon the ediately upon the effecteffectivity of ivity of these Implemthese Implementing Rulesenting Rulesand Regulations, the Committee shall meet in order to establish a Secretariat which shall have the followingand Regulations, the Committee shall meet in order to establish a Secretariat which shall have the followingfunctions: (a) to receive all papers filed with the Committee and cause the publication of those matters required byfunctions: (a) to receive all papers filed with the Committee and cause the publication of those matters required bylaw; (b) to receive all fees paid by applicants; (c) to record all the proceedings of the Committee; (d) to keep andlaw; (b) to receive all fees paid by applicants; (c) to record all the proceedings of the Committee; (d) to keep andmaintain all the books necessary for the recording of such papers and documents; (e) to notify applicants of themaintain all the books necessary for the recording of such papers and documents; (e) to notify applicants of theprogress of their applications and such other developments as may arise in the course of the evaluation; and (f) toprogress of their applications and such other developments as may arise in the course of the evaluation; and (f) toperform such other functions as may be required by the Committee.perform such other functions as may be required by the Committee.

Section 3.Section 3. Power to Approve, Deny or Reject Applications; Unanimous Vote Required.Power to Approve, Deny or Reject Applications; Unanimous Vote Required. – The Committee shall have– The Committee shall havethe power to approve, deny or reject applications for naturalization as provided in R. A. No. 9139, hereinafter referredthe power to approve, deny or reject applications for naturalization as provided in R. A. No. 9139, hereinafter referredto as theto as the “Act”.“Act”. To approve petitions for naturalization, the vote of all three (3) members sTo approve petitions for naturalization, the vote of all three (3) members shall be required. hall be required. In meetingIn meetingto consider petitions for naturalizatioto consider petitions for naturalization, however, the n, however, the presenpresence of ce of two (2) two (2) memmembers shall constitute a bers shall constitute a quorumquorum. . WhenWhenonly two (2) members were present in the meeting, the following are required in order to consider the petition for only two (2) members were present in the meeting, the following are required in order to consider the petition for naturalization approved:naturalization approved:

(1) the affirmative vote of the two (2) members present during the meeting; and(1) the affirmative vote of the two (2) members present during the meeting; and

(2) the submission of the written affirmative vote of the absent member, accompanied by his certification that(2) the submission of the written affirmative vote of the absent member, accompanied by his certification thathe has he has consideconsidered and red and reviewreviewed the ed the minutminutes of es of the meeting wherein the pertinent petition was considered,the meeting wherein the pertinent petition was considered,together with all relevant and material information. The written affirmative vote and certification shall betogether with all relevant and material information. The written affirmative vote and certification shall besubmitted by the absent member within fifteen (15) days from receipt of the minutes of the pertinent meeting.submitted by the absent member within fifteen (15) days from receipt of the minutes of the pertinent meeting.

SSeeccttiioon n 44.. StStririct ct CoConsnstrtrucuctition.on. – – TThheesse e rruullees s sshhaalll l bbe e ssttrriiccttlly y ccoonnssttrruueed d aaggaaiinnsst t aannapplication for naturalization.application for naturalization.

Section 5.Section 5. Where Filed; Processing Fee.Where Filed; Processing Fee. – Any  – Any person person who hawho has all of s all of the quthe qualificatalifications uions under Snder Section ection 3 of th3 of the Act e Act andandnone of the disqualifications under Section 4 thereof may file a petition for naturalization with the Secretariat of thenone of the disqualifications under Section 4 thereof may file a petition for naturalization with the Secretariat of theCommCommittee, upon the ittee, upon the paymepayment of nt of the processing fee of the processing fee of Forty thousanForty thousand d pesos (P40,000pesos (P40,000.00). Thereaft.00). Thereafter, the er, the petitionpetitionshall be stamped to indicate the date of filing and a corresponding docket number.shall be stamped to indicate the date of filing and a corresponding docket number.

Section 6.Section 6. Number of Copies of PetitionNumber of Copies of Petition. – The petition for naturalization shall be filed in five (5) copies, signed,. – The petition for naturalization shall be filed in five (5) copies, signed,thumbmarked on each and every page and verified by the petitioner, legibly typed, and with the latter’s passport sizethumbmarked on each and every page and verified by the petitioner, legibly typed, and with the latter’s passport sizephotograph (colored with white background) attached to each copy of the petition.photograph (colored with white background) attached to each copy of the petition.

Section 7.Section 7. Contents of Petition for NaturalizationContents of Petition for Naturalization. – The petition for naturalization shall set forth the following:. – The petition for naturalization shall set forth the following:

(a) The petitioner’s name, surname, middle name, nickname, and any other name he/she has used or by(a) The petitioner’s name, surname, middle name, nickname, and any other name he/she has used or bywhich he/she is known;which he/she is known;

(b) The petitioner’s present and all former places of residences, if any;(b) The petitioner’s present and all former places of residences, if any;

(c) The petitioner’s place and date of birth, the complete names and citizenship of his/her parents, both(c) The petitioner’s place and date of birth, the complete names and citizenship of his/her parents, bothnatural and adopting, if any, and their residences;natural and adopting, if any, and their residences;

(d) The petitioner’s trade, business, profession or occupation, and if married, also that of his/her spouse, and(d) The petitioner’s trade, business, profession or occupation, and if married, also that of his/her spouse, andchildren, if any;children, if any;

(e) The petitioner’s civil status, whether single, married, legally separated, or widowed. If married or widowed,(e) The petitioner’s civil status, whether single, married, legally separated, or widowed. If married or widowed,petitioner shall state the date and place of marriage, and the name, date of birth, birthplace, citizenship, andpetitioner shall state the date and place of marriage, and the name, date of birth, birthplace, citizenship, andresidence of the spouse. If petitioner is legally separated or the marriage was annulled, the date of theresidence of the spouse. If petitioner is legally separated or the marriage was annulled, the date of thedecree of legal separation or annulment, and the court which granted the same. If petitioner is widowed, thedecree of legal separation or annulment, and the court which granted the same. If petitioner is widowed, thedate and place of death of his/her spouse;date and place of death of his/her spouse;

(f) If petitioner has a child/children, whether legitimate, illegitimate, or adopted, the name/s, date/s of birth,(f) If petitioner has a child/children, whether legitimate, illegitimate, or adopted, the name/s, date/s of birth,birthplace/s, residence/s, and school/s where such child/children received primary and secondary education;birthplace/s, residence/s, and school/s where such child/children received primary and secondary education;

(g) (g) A A decdeclarlaratioation n specspecifyifying ing in in detdetail ail thathat t petpetitioitioner possesner possesses all ses all the qualifthe qualificaicationtions s and none and none of of thethedisqualifications under the Act;disqualifications under the Act;

(h) A declaration that petitioner shall never be a public charge; and(h) A declaration that petitioner shall never be a public charge; and

(i) A declaration that it is the petitioner’s true and honest intention to acquire Philippine citizenship and to(i) A declaration that it is the petitioner’s true and honest intention to acquire Philippine citizenship and torenounce absolutely and forever any prince, potentate, State or sovereign, and particularly the country of renounce absolutely and forever any prince, potentate, State or sovereign, and particularly the country of which the petitioner is a subject.which the petitioner is a subject.

SecSection tion 8.8. Accom Accompanying panying DocumDocuments.ents. –  – The The petition petition for for naturanaturalization lization shall shall be be accompaccompanied anied by by the the followfollowingingdocuments attached to the petition as annexes thereof:documents attached to the petition as annexes thereof:

a) The duplicate original or certified photocopies of petitioner’s birth certificate;a) The duplicate original or certified photocopies of petitioner’s birth certificate;

b) The duplicate original or certified photocopies of petitioner’s alien certificate of registration and native-bornb) The duplicate original or certified photocopies of petitioner’s alien certificate of registration and native-borncertificate of residence;certificate of residence;

c) The duplicate original or certified photocopies of petitioner’s marriage certificate, if married, or the deathc) The duplicate original or certified photocopies of petitioner’s marriage certificate, if married, or the deathcertificate of his/her spouse, if widowed, or the court decree annulling his/her marriage or granting legalcertificate of his/her spouse, if widowed, or the court decree annulling his/her marriage or granting legalseparation, if such was the fact;separation, if such was the fact;

d) The duplicate original or certified photocopies of birth certificates, alien certificates of registration or native-d) The duplicate original or certified photocopies of birth certificates, alien certificates of registration or native-born certificates of residence, if any, of petitioner’s minor children, if any;born certificates of residence, if any, of petitioner’s minor children, if any;

e) Affidavit of financial capacity by the petitioner, duly supported by bank certifications, passbooks, stocke) Affidavit of financial capacity by the petitioner, duly supported by bank certifications, passbooks, stockcertificates, or proof of ownership of other properties;certificates, or proof of ownership of other properties;

f) Affidavits of at least two (2) credible witnesses who must be Filipino citizens of good reputation inf) Affidavits of at least two (2) credible witnesses who must be Filipino citizens of good reputation inpetitioner’s place of residence, attesting to the following: (a) the good moral character of petitioner; (b) thatpetitioner’s place of residence, attesting to the following: (a) the good moral character of petitioner; (b) thattthheey y hhaavve e ppeerrssoonnaalllly y kknnoowwn n ppeettiittiioonneer r ffoor r a a ppeerriiood d oof f aat t lleeaasst t tteen n ((1100) ) yyeeaarrss; ; aanndd(c) that in their opinion, the petitioner has all the qualifications and none of the disqualifications to become a(c) that in their opinion, the petitioner has all the qualifications and none of the disqualifications to become acitizen of the Philippines, and not in any way disqualified under the provisions of the Act;citizen of the Philippines, and not in any way disqualified under the provisions of the Act;

g) A medical certificate that petitioner is not suffering from mental alienation or a user of prohibited drugs or g) A medical certificate that petitioner is not suffering from mental alienation or a user of prohibited drugs or otherwise a drug dependent and that he/she is not afflicted with acquired immune deficiency syndromeotherwise a drug dependent and that he/she is not afflicted with acquired immune deficiency syndrome(AIDS), or any incurable contagious disease;(AIDS), or any incurable contagious disease;

h) School diploma and transcript of records of the petitioner in the school/s he or she attended in theh) School diploma and transcript of records of the petitioner in the school/s he or she attended in thePhilippines. Should the petitioner have minor children, a certification that his or her children are enrolled inPhilippines. Should the petitioner have minor children, a certification that his or her children are enrolled inprivate or public school/s duly recognized by the Department of Education, Culture and Sports (private or public school/s duly recognized by the Department of Education, Culture and Sports ( “DECS” “DECS” ),),where Philippines history, government and civics are taught and prescribed as part of the school curriculum,where Philippines history, government and civics are taught and prescribed as part of the school curriculum,and enrollment in said school/s is not limited to any race or nationality; andand enrollment in said school/s is not limited to any race or nationality; and

i) If gainfully employed, petitioner’s income tax returns for the past three (3) years.i) If gainfully employed, petitioner’s income tax returns for the past three (3) years.

SectioSection n 9.9. DetermDetermination of ination of SuffiSufficiency of ciency of PetitPetition.ion. – – WitWithin fiftehin fifteen en (15) days from (15) days from recreceipt of eipt of the petitithe petition, theon, theCommCommittee shall determittee shall determine whether the petition is compine whether the petition is complete in form and in lete in form and in substansubstance. ce. If the petition is found to beIf the petition is found to bewanting in form and substance, particularly with the requirement as to the allegation of all of the qualifications andwanting in form and substance, particularly with the requirement as to the allegation of all of the qualifications andnone of the same, upon the payment of the processing fee.none of the same, upon the payment of the processing fee.

Section 10.Section 10. Mandatory Publication and Posting Requirements.Mandatory Publication and Posting Requirements. –  – If If the the petition petition is is compcomplete, lete, the the CommCommittee ittee shallshallinform petitioner of such fact. inform petitioner of such fact. Thereafter, the Committee, upon receipt frThereafter, the Committee, upon receipt from the petitioner of the amount necessary toom the petitioner of the amount necessary topay pay for for the the pubpublicalication tion expexpensenses, es, shashall ll immimmediaediately cause tely cause the the pubpublicalication of tion of pertpertineninent t porportiontions s of of the the petpetitioition,n,indicating the name, qualifications, and other personal circumstances of the applicant, once a week, for three (3)indicating the name, qualifications, and other personal circumstances of the applicant, once a week, for three (3)consecutive weeks in a duly accredited newspaper of general circulation, and have copies of the entire petitionconsecutive weeks in a duly accredited newspaper of general circulation, and have copies of the entire petitionposted in any public or conspicuous area.posted in any public or conspicuous area.

The Committee shall immediately furnish the Department of Foreign Affairs (The Committee shall immediately furnish the Department of Foreign Affairs ( “DFA” “DFA” ), the Bureau of Immigration (), the Bureau of Immigration (“BI” “BI” ),),the civil registrar of the of the petitioner’s place of residence, and the National Bureau of Investigation (the civil registrar of the of the petitioner’s place of residence, and the National Bureau of Investigation (“NBI” “NBI” ) with) withcopies of the petition and its supporting documents. These agencies shall have the copies of the petition posted incopies of the petition and its supporting documents. These agencies shall have the copies of the petition posted inany public or conspicuous area in their buildings, offices and premises, and shall, within thirty (30) days from receiptany public or conspicuous area in their buildings, offices and premises, and shall, within thirty (30) days from receiptof the petition, submit to the Committee a report stating the following:of the petition, submit to the Committee a report stating the following:

(a) The Compliance with the posting requirement under the Act; and(a) The Compliance with the posting requirement under the Act; and

(b) The presence or (b) The presence or absence of any absence of any derogatderogatory record on ory record on file or file or any such relevant and any such relevant and matermaterial informatioial informationnwhich might adversely affect petitioner’s application for citizenship.which might adversely affect petitioner’s application for citizenship.

Section 11.Section 11. Review of Petition.Review of Petition. – Within sixty (60) days from receipt of the reports of the agencies which are required– Within sixty (60) days from receipt of the reports of the agencies which are requiredto be furnished a copy of the petition, or the date of the last publication of the petition, whichever comes later, theto be furnished a copy of the petition, or the date of the last publication of the petition, whichever comes later, theCommittee shall consider and review all relevant and material information it has received pertaining to the petition.Committee shall consider and review all relevant and material information it has received pertaining to the petition.

Section 12.Section 12. Interview Interview . – The Committee may call the petitioner and/or his witnesses for an interview to ascertain. – The Committee may call the petitioner and/or his witnesses for an interview to ascertainpetpetitioitionerner’s ’s ideidentitntity, y, the the autauthenhenticiticity ty of of the the petpetitioition n and and its its annannexesexes, , and and to to detedetermrmine ine the the trutruthfthfulnulness ess of of thethestatements and declarations made in the petition and its annexes.statements and declarations made in the petition and its annexes.

If the Committee shall have received any information adverse to the petition, the Committee shall advise petitioner of If the Committee shall have received any information adverse to the petition, the Committee shall advise petitioner of said informatsaid information and ion and allow the petitioner to answer, explain or allow the petitioner to answer, explain or refute the informatirefute the information under on under oath in writing within theoath in writing within theperiod prescribed by the Committee.period prescribed by the Committee.

Section 13.Section 13. DecisiDecision on of of the the CommCommittee.ittee. – – AftAfter er the review of the review of the petitithe petition or on or the conduthe conduct ct of of the interthe intervieview, thew, theCommittee, based on the facts and documents before it, shall approve or disapprove the petition, and henceforthCommittee, based on the facts and documents before it, shall approve or disapprove the petition, and henceforthnotify the petitioner of its decision.notify the petitioner of its decision.

Section 14.Section 14. Disapproval of Petition.Disapproval of Petition. – If the Committee disapproves the petition, it shall set forth the factual and/or – If the Committee disapproves the petition, it shall set forth the factual and/or legal bases for the disapproval, and notify petitioner thereof.legal bases for the disapproval, and notify petitioner thereof.

Section 15.Section 15. Appro Approval val of of PetitiPetition; on; PaymePayment nt of of NatuNaturalizatralization ion Fee.Fee. –  – Within thirty Within thirty (30) days (30) days from receipt from receipt of of notice of notice of approval of the petition, the petitioner shall pay the Committee, through its Secretariat, a naturalization fee in theapproval of the petition, the petitioner shall pay the Committee, through its Secretariat, a naturalization fee in theamount of One hundred thousand pesos (P100,000.00), which may be paid in full or as follows: Fifty thousand pesosamount of One hundred thousand pesos (P100,000.00), which may be paid in full or as follows: Fifty thousand pesos(P50,000.00) within the aforesaid thirty-day period.(P50,000.00) within the aforesaid thirty-day period.

Within sixty (60) days from approval of the petition and full payment of the naturalization fee, the petitioner shall takeWithin sixty (60) days from approval of the petition and full payment of the naturalization fee, the petitioner shall takehis or her oath of allegiance to the Republic of the Philippines. After petitioner takes his oath, the Committee shallhis or her oath of allegiance to the Republic of the Philippines. After petitioner takes his oath, the Committee shallforthwith issue a Certificate of Naturalization and the oath of allegiance. The Committee shall immediately furnish theforthwith issue a Certificate of Naturalization and the oath of allegiance. The Committee shall immediately furnish theBI with a copy of the petitioner’s oath of allegiance. A copy of his oath will be kept in the records of the Committee.BI with a copy of the petitioner’s oath of allegiance. A copy of his oath will be kept in the records of the Committee.

Should the applicant fail to take his oath of allegiance within the time provided herein, the approval of the petition for Should the applicant fail to take his oath of allegiance within the time provided herein, the approval of the petition for naturalization shall be deemed abandoned.naturalization shall be deemed abandoned.

Section 16.Section 16. Duty of the Secretariat.Duty of the Secretariat. – Within five (5) days after the issuance of the Certificate of Naturalization, the– Within five (5) days after the issuance of the Certificate of Naturalization, theSecretariat shall forward a copy of the Certificate of Naturalization to the BI and to the proper local civil registrar.Secretariat shall forward a copy of the Certificate of Naturalization to the BI and to the proper local civil registrar.

SectioSection n 17.17. StaStatus tus of of AliAlien en WifWife e and Minor and Minor ChiChildrldrenen. . – – AfAfteter r the the apapprprovoval al of of the the pepetittition ion for for adadmimininiststrarativtiveenaturalization and cancellation of petitioner’s alien certificate of registration, petitioner’s alien lawful wife and minor naturalization and cancellation of petitioner’s alien certificate of registration, petitioner’s alien lawful wife and minor children may file a petition for the cancellation of their alien certificates of registration with the Committee subject tochildren may file a petition for the cancellation of their alien certificates of registration with the Committee subject tothe payment of the filing fee of Twenty thousand pesos (P20,000.00) and naturalization fee or Forty thousand pesosthe payment of the filing fee of Twenty thousand pesos (P20,000.00) and naturalization fee or Forty thousand pesos(P40,000.00) for each individual payable as follows: Twenty thousand pesos (P20,000.00) upon taking the oath of (P40,000.00) for each individual payable as follows: Twenty thousand pesos (P20,000.00) upon taking the oath of allegiance to the Republic of the Philippines.allegiance to the Republic of the Philippines.

SectioSection 18. n 18. SStatus of Alien Husband and Minor Childrentatus of Alien Husband and Minor Children. – If the applicant is a married woman, the approval of her . – If the applicant is a married woman, the approval of her petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for petition for administrative naturalization will not benefit her alien husband but her minor children may file a petition for cancellation of their alien certificates of registration with the BI subject to the payment of the fees prescribed incancellation of their alien certificates of registration with the BI subject to the payment of the fees prescribed inSection 17 hereof.Section 17 hereof.

Section 19.Section 19. Revocation of the Certificate of Naturalization.Revocation of the Certificate of Naturalization. – The – The CommCommittee may revoke or ittee may revoke or cancel the Certificcancel the Certificate of ate of Naturalization issued under the Act,Naturalization issued under the Act, motu propriomotu proprio or upon complaint by any person, after due notice and summaryor upon complaint by any person, after due notice and summaryhearing, in the following cases:hearing, in the following cases:

(a) If the Committee finds that the naturalization person or his duly authorized representative made any false(a) If the Committee finds that the naturalization person or his duly authorized representative made any falsestatement or misrepresentation or committed any violation of law, rules and regulations in connection with thestatement or misrepresentation or committed any violation of law, rules and regulations in connection with thepetition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally;petition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally;

(b) If the naturalized person or his wife, or any of his minor children who acquired Philippine citizenship by(b) If the naturalized person or his wife, or any of his minor children who acquired Philippine citizenship byvirtvirtue ue of of his his natunaturaliralizatization on shalshall, l, witwithin hin fivfive e (5) (5) yeayears rs next next folfollowlowing ing the the grangrant t of of PhiPhiliplippinpine e citicitizenzenshipship,,establestablish ish permapermanent residence in nent residence in a a foreigforeign n countrycountry, , that individual’s certificthat individual’s certificate ate of naturalizatioof naturalization n or or acquiracquirededPhilippine citizenship shall be revoked:Philippine citizenship shall be revoked: Provided,Provided, That the fact of such person’s remaining for more than oneThat the fact of such person’s remaining for more than one(1) year (1) year in in hihis s coucountrntry y of of ororigigin, or in, or twtwo o (2) year(2) years s in in any any foforereigign n coucountntry, shalry, shall l be be conconsisidederedred prima primafaciefacie evidence of intent to permanently reside herein;evidence of intent to permanently reside herein;

(c) If the naturalized person or his wife who acquired citizenship allows himself or herself to be used as a(c) If the naturalized person or his wife who acquired citizenship allows himself or herself to be used as adummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the exercise, use or enjoyment of any right, franchise or privilege; andthe exercise, use or enjoyment of any right, franchise or privilege; and

(d) If the naturalized person or his wife or child who acquired Philippine citizenship commits any act inimical(d) If the naturalized person or his wife or child who acquired Philippine citizenship commits any act inimical

to national security.to national security.

Section 20.Section 20. Renunciation of Hereditary Title or Membership in any Order of Nobility.Renunciation of Hereditary Title or Membership in any Order of Nobility. – In case the naturalized person– In case the naturalized personholds any hereditary title, or belongs to any order of nobility, he shall make an express renunciation of his title or holds any hereditary title, or belongs to any order of nobility, he shall make an express renunciation of his title or membership in this order of nobility before the Committee or its duly authorized representative, and such renunciationmembership in this order of nobility before the Committee or its duly authorized representative, and such renunciationshall be included in the records of his application for citizenship.shall be included in the records of his application for citizenship.

Section 21.Section 21. Special Circumstances.Special Circumstances. – Any person who failed to register his/her birth with the concerned city or – Any person who failed to register his/her birth with the concerned city or municipal civil registrar may, within two (2) years from the effectivity of the Act, file a petition for the acquisition of municipal civil registrar may, within two (2) years from the effectivity of the Act, file a petition for the acquisition of Philippine citizenship, subject to the requirements under the Act and these implementing rules and regulations.Philippine citizenship, subject to the requirements under the Act and these implementing rules and regulations.

Section 22.Section 22. Effectivity Clause.Effectivity Clause. – These rules and regulations shall take effect fifteen (15) days following its publication– These rules and regulations shall take effect fifteen (15) days following its publicationin at least two (2) newspapers of general circulation.in at least two (2) newspapers of general circulation.