VIII. Citizenship

A. Who are Filipino citizens

*The 1935 Constitution, during which regime Fernando Poe, Jr. (FPJ) had seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. - Tecson vs. COMELEC, G.R. No. 161434, March 3, 2004.

B. Modes of acquiring citizenship

C. Naturalization and denaturalization

D. Dual citizenship and dual allegiance

E. Loss and re-acquisition of Philippine citizenship

*Collateral attack on citizenship is prohibited; Under Philippine law, an attack on a person's citizenship may only be done through a direct action for its nullity. - Vilando vs. House of Representatives Electoral Tribunal, et al., G.R. Nos. 192147 & 192149, August 23, 2011.*Effect of an Application for Alien Certificate of Registration

-An application for, and the holding of an alien certificate of registration is not an act constituting renunciation of Philippine citizenship. For renunciation to effectively result in loss of citizenship, the same must be express. - Vilando vs. House of Representatives Electoral Tribunal, et al., G.R. Nos. 192147 & 192149, August 23, 2011.

*Res judicata in citizenship cases

General Rule: Res judicata does not set in in citizenship cases.

Exceptions:1. Person's citizenship is resolved by a court or an administrative body as a material issue in the controversy, after a full-blown hearing;

2. With the active participation of the Solicitor General or his representative; and

3. Finding of his citizenship is affirmed by the Supreme Court. - Fortuno vs. COMELEC, G.R. No. 159493, January 18, 2005.

*Reacquisition of Citizenship1. By naturalization

2. By repatriation

R.A. No. 8171 is an act providing for the repatriation of:a.) Filipino women who have lost their Philippine citizenship by marriage to aliens; andb.) Natural born Filipinos who have lost their Philippine citizenship on account of political or economic necessity.

Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen.

Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On 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 a natural-born Filipino. - Bengzon vs. House of Representatives Electoral Tribunal and Cruz, G.R. No. 142840, May 7, 2001.

3. By direct act of CongressR.A. No. 9225 also known as the Citizenship Retention and Reacquisition Act of 2003, approved on August 29, 2003 provides that, upon taking the oath of allegiance to the Republic:a.) Natural-born citizens of the Philippines who who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship; and

b.) Natural-born citizens of the Philippines who, after the effectivity of the said R.A. become citizens of a foreign country shall retain their Philippine citizenship.

*Derivative Citizenship The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of the said R.A. shall be deemed citizens of the Philippines.

F. Natural-born citizens and public office

*The use of foreign passport after renouncing ones foreign citizenship is a positive and voluntary act of representation as to ones nationality and citizenship; it does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position. - Casan Macode Maquiling vs. COMELEC, et al., G.R. No. 195649, April 16, 2013.