Report Comparison Citizenship

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    Comparison of Philippine Citizenship Laws

    A. Spanish Laws on Citizenship

    Not all the laws of Spain on citizenship were made applicable

    to the Philippines. Those that were eective were extended by

    Royal decrees.[1 !o"r can be traced bac# as early as the 1$%%s.

    &ccordin' to (aw )* +oo# ,* Title --* ofNovisima

    Recopilacionprom"l'ated in Spain on 1, "ly 1$%/* the followin'

    were considered citizens0&ll forei'ners who obtained the privile'e of nat"ralization those whowere born in these kingdoms those who* residin' therein may beconverted to the holy 2atholic faith those bein' self3s"pportin'*established their domicile therein those who as# for and obtainresidence in any town thereof those who marry native women of said#in'doms and domiciled therein and in case of a forei'n woman whomarries a native man* she thereby becomes s"b4ect to the same lawsand ac5"ires the same domicile as her h"sband those who establishthemselves in the co"ntry by ac5"irin' real property those who havetrade or profession and 'o there to practice the same also those whopractice some mechanical trade therein or #eep a retail store... those

    who reside for a period of ten years in a home of his own and alsoforei'ners who* in accordance with the common law* royal orders andother laws of the #in'dom* may have become nat"ralized or ac5"iredresidence therein...

    Tho"'h it is "nclear whether or not the Philippines wo"ld have

    been within the scope of these laws* some a"thors and S"preme

    2o"rt 4"stices later ar'"ed that the Philippines* as a colony wo"ld

    have been incl"ded as one of the 6#in'doms7 in that law08oreover* the 9overnment of the Spanish 8onarchy* in enco"ra'in'the m"ltiplication of her s"b4ects d"rin' the period of her 'lory and in'rantin' citizenship by birth in 6these #in'doms7 which were carriedforward in the Spanish 2ivil 2ode in 1$$:* "nder the same policy ofthe m"ltiplication of her s"b4ects* can have no other intention than to

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    apply said law to the inhabitants of its dominions* colonies andterritories "nder its soverei'nties.[;

    &nother law of Spain which involved citizenship was the led with the 9overnor39eneral who wasempowered in the interest of the nation to 'rant or deny the same.2ompliance with this Royal ?ecree has been declared absol"telyessential for the ac5"isition of citizenship with a view to ac5"ire thestat"s of a Spanish s"b4ect in the Philippine -slands prior to thechan'e of soverei'nty.[)

    The Royal ?ecree of ;) &"'"st 1$,$* prom"l'ated speci>cally

    for the Philippine -slands* provided for the political stat"s of

    children of forei'ners born in the Philippines. The followin' were

    considered forei'ners0!irst* the le'itimate and reco'nized nat"ral children of a father whobelon's to another independent State* and the "nreco'nized nat"ral*and other ille'itimate children of a mother belon'in' to another Stateborn o"tside of the Spanish dominions Second3 The children speci>edin the precedin' para'raph* born in the Spanish dominions or onboard Spanish vessels on hi'h seas if they do not* on attainin' the a'eof ma4ority >xed in the laws of the #in'dom* elect Spanish nationalityThird3 Those bein' Spaniards* ac5"ire another nationality* as well byreno"ncin' the >rst as be acceptin' employment from another'overnment witho"t a"thority of the soverei'n !o"rth3 The womanwho contracts marria'e with the s"b4ect of another state.[=

    !inally* there was the (aw of = "ly 1$@% A the 6Ley Extranjera

    de Ultramar7 which was expressly extended to the Philippines by

    Royal ?ecree of 1) "ly 1$@%* and p"blished in the

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    territory of forei'n fathers and Spanish mothers while they do notclaim Spanish nationality BcC Those born in Spanish territory offorei'n parents* or forei'n fathers and Spanish mothers* while they donot ma#e that claim BdC Spaniards who may have lost theirnationality BeC Those born o"tside of Spanish territory of parents whomay have lost their Spanish nationality and BfC The Spanish woman

    married to a forei'ner. !or p"rposes of this article* national vesselsare considered a part of Spanish dominions.

    &rt. ;. !orei'ners who "nder the laws obtain nat"ralization papers orac5"ire domicile in any town in the Spanish provinces of the Dltramarare considered Spaniards.

    B. Treaty of Paris

    To end the six3month hostilities between Spain and the Dnited

    States followin' the declaration of war by the Dnited States in ;/

    &pril 1$:$* 2ommissioners met in Paris on 1

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    rati>cation of this treaty* a declaration of their decision to preserves"ch alle'iance in defa"lt of which they shall be held to havereno"nced it and to have adopted the nationality of the territory inwhich they may reside.The civil and political stat"s of the native inhabitants of the

    territories thereby ceded to the Dnited States shall be determined bythe 2on'ress.[/

    Dnder the Treaty* native s"b4ects and Spanish s"b4ects who

    did not exercise their option to leave the Philippines* b"t remained

    in the co"ntry and adopted the nationality of the Philippines were

    considered citizens of the Philippines. Fowever* those Spanish

    s"b4ects who remained in the Philippines* b"t who declared before

    a co"rt of record their intention to preserve their alle'iance to

    Spain within a year and a half from the date of rati>cation of the

    treaty B11 &pril 1:%%C retained their Spanish nationality.

    -n the case ofBosque v. U.S.* 1 Phil.$$ B1:%$C it was held that

    the absence of a Spanish s"b4ect from the Philippines d"rin' the

    entire period allowed by treaty for ma#in' a declaration of his

    intention to preserve alle'iance to the 2rown of Spain prevented

    the loss of his Spanish Nationality by his fail"re to ma#e s"ch a

    declaration. -t was opined that "nder the treaty it was necessary

    that he had a residence de acto in the Philippines for the ei'hteen

    months followin' the rati>cation of the treaty.

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    & child "nder parental a"thority whose father did not ta#e

    advanta'e of the ri'ht of declaration of Spanish citizenship as

    provided for by the treaty also was considered a citizen of

    the Philippines.[,Fowever* if the child had no parents or '"ardians

    in the Philippines or P"erto Rico at the time the treaty was rati>ed*

    he wo"ld retain his Spanish nationality witho"t the necessity of

    declarin' s"ch to be his intention.[@

    C. The Philippine Bill

    The Philippine +ill was enacted by the 2on'ress of the Dnited

    States on 1 "ly 1:%;. -t was the composite report of two Philippine

    2ommissions* the wor# of the Gar ?epartments of the Dnited

    States* hearin' before the committees of D.S. 2on'ress and

    le'islative conferences. The act was ori'inally tho"'ht o"t to be a

    temporary one. -t was meant to prepare the !ilipinos for

    independence and self3'overnance for a period of at most ei'ht

    years. Fowever* it became the '"ide for the administration of civil

    'overnment of the Philippines for fo"rteen years. -t has little

    character of a constit"tional act. Those provisions which one wo"ld

    expect to >nd in a constit"tion* s"ch as establishin' the framewor#

    for 'overnment* limitin' 'overnmental powers* and providin' for

    the political or'anization of the exec"tive* le'islative and 4"dicial

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    branches* were lac#in'[$. &n assembly was* however* a"thorized for

    a f"t"re date. 8ost of the sections concerned 'eneral le'islation on

    commerce* the sale and lease of p"blic lands* "tilization of forests*

    'rantin' of minin' claims* m"nicipal bonds and franchises. The +ill

    of Ri'hts was also extended.

    Section = of the Philippine +ill de>nes who the citizens of

    the Philippines were. -t stated0That all inhabitants of the Philippine -slands contin"in' to residetherein who were Spanish s"b4ects on the eleventh day of &pril*

    ei'hteen h"ndred and ninety3nine* and then resided in said -slands*and their children born s"bse5"ent thereto* shall be deemed and heldto be citizens of the Philippine -slands and as s"ch entitled to theprotection of the Dnited States* except as s"ch as shall have electedto preserve their alle'iance to the 2rown of Spain in accordance withthe provisions of the treaty of peace between the "nited States andSpain si'ned at Paris ?ecember tenth* ei'hteen h"ndred and ninety3ei'ht0 Provided* That the Philippine le'islat"re is hereby a"thorized toprovide by law for the ac5"isition Philippine citizenship by thosenatives of the Philippine -slands who do not come within the fore'oin'provisions* the natives of other ins"lar possessions of the DnitedStates* and s"ch other persons residin' in the Philippine -sland who

    co"ld become citizens of the Dnited States if residin' therein. [9]

    &ll those that were considered citizens of

    the Philippines "nder the Treaty of Paris were deemed to be

    citizens "nder the Philippine +ill.

    &ll those born after 11 &pril 1$:: to parents who were

    Spanish s"b4ects on that date and who contin"ed to reside in

    the Philippines were ipso actocitizens of the Philippine

    -slands. -n eect the doctrine ofjus soli* citizenship by place of

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    birth* which prevails in the Dnited States* was extended to

    thePhilippines.[1%

    & woman of forei'n nationality who married a citizen of

    the Philippines was also considered a Philippine citizen as she

    followed her h"sbandHs citizenship.[11

    2hildren born of 2hinese fathers and !ilipina mothers within

    the Philippines* with certain exceptions* were also citizens of

    the Philippines. Iven tho"'h the 2hinese father and mother of the

    child were not le'ally married* the child was nevertheless

    pres"medprima acieto be a citizen of the Philippines* inasm"ch

    as "nder the law he followed the stat"s of his le'ally reco'nized

    parent* who is his mother* a !ilipina. -f s"ch children were ta#en to

    their fatherHs co"ntry d"rin' their minority* they still remained

    citizens of the Philippines. Fowever* if their fathersH ori'in claimed

    them as citizens "nder the principle ofjus sanguinis! they were then

    considered as possessin' d"al nationality.

    2hildren born in the Philippines of 2hinese parents were also

    considered citizens of the Philippines.[1;& child born of alien

    parents* who went to his fatherHs native land at a tender a'e and

    remained there d"rin' minority* on becomin' of a'e* he sho"ld

    elect Philippine citizenship if he desires to be a citizen of

    the Philippines. & fail"re to express s"ch desire within a reasonable

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    period of time sho"ld be re'arded as a stron' pres"mption of his

    p"rpose to become de>nitely identi>ed with the body politic of his

    fatherHs co"ntry.[1)

    2itizenship may be lost by the action of a person* either

    express or implied. Ixpatriation is the vol"ntary ren"nciation of

    oneHs nationality and alle'iance by becomin' a citizen of another

    co"ntry.[1=&ct"al ren"nciation may not be necessary in order to

    forfeit citizenship a mere absence for a prolon'ed period* witho"t

    an intention to ret"rn may be s"icient. The r"le of the ?epartment

    of State of the Dnited States 'overnment was adopted* whereby* a

    contin"ed residence abroad for three years* after attainment of

    ma4ority* prod"ces a loss of citizenship* "nless it is clearly proved

    that animus revertendiexisted. 2ommission of certain crimes may

    also ca"se the loss of citizenship[1/.

    D. The Philippine Autonomy Act (Jones Law

    The Philippine +ill was later on s"perseded by Philippine

    &"tonomy &ct. The latter was s"perior in vario"s ways to the

    former. -t essentially mirrored a constit"tion as it provided for a

    framewor# of 'overnment* +ill of Ri'hts and certain positive

    powers and prohibitions. -t* however* retained in totothe same

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    provision on citizenship as its predecessor. Section ; of the &ct

    stated0That all inhabitants of the Philippine -slands who were Spanish

    s"b4ects on the eleventh day of &pril* ei'hteen h"ndred and ninety3nine* and then resided in said -slands* and their children borns"bse5"ent thereto* shall be deemed citizens of the Philippine -slands*except as s"ch as shall have elected to preserve their alle'iance to the2rown of Spain in accordance with the provision of the treaty of peacebetween the Dnited States and Spain* si'ned at Paris ?ecember tenth*ei'hteen h"ndred and ninety3ei'ht* and except s"ch others as havesince become citizens of some other co"ntry0 Provided* That thePhilippine le'islat"re* herein provided for* is hereby a"thorized toprovide by law for the ac5"isition of Philippine citizenship by thosenatives of the Philippine -slands who do not come within the fore'oin'provisions* the natives of the ins"lar possession of the Dnited States*

    or who co"ld become citizens of the Dnited States "nder the lawsof the Dnited States if residin' therein.[1,

    &s the above3stated provision is 4"st a re3enactment of Section

    = of the Philippine +ill* all persons considered as citizens "nder the

    former law were also considered as s"ch "nder the Philippine

    &"tonomy &ct. Fowever* it was only in the latter that the proviso*

    also fo"nd in the Philippine +ill* providin' for s"ppletory law for

    the ac5"isition of Philippine citizenship was 'iven eect by the

    enactment of &ct No. ;:;@ by the Philippine (e'islat"re in 1:;%.

    The said law constit"ted the Nat"ralization &ct of the Philippines.

    Dnder the law citizenship may now be ac5"ired by the followin'

    'ro"ps of people0

    a. natives of the Philippines who are not citizens thereof

    b. natives of ins"lar possessions of the Dnited States and

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    c. citizens of the Dnited States* or

    d. forei'ners who* "nder the laws of the Dnited States* may become

    citizens of the later co"ntry if residin' therein. [1@

    !. "#$% Constitution

    -n the 1:)/ 2onstit"tion* !ilipino citizenship was de>ned*

    classi>ed and re'"lated by &rticle -J* which stated that0Section 1. The followin' are citizens of the PhilippinesB1C Those who are citizens of the Philippine -slands at the time of

    the adoption of this 2onstit"tionB;C Those born in the Philippine -slands of forei'n parents who*

    before the adoption of the 2onstit"tion* had been elected top"blic oice in the Philippine -slands

    B)C Those whose fathers are citizens of the PhilippinesB=C Those whose mothers are citizens of the Philippines* and "pon

    reachin' the a'e of ma4ority* elect Philippine citizenshipB/C Those who are nat"ralized in accordance with law.Section ;. Philippine citizenship may be lost or reac5"ired in the

    manner provided by law.[1$

    Those who were considered citizens at the time of the

    adoption of the constit"tion incl"ded those deemed citizens "nder

    the ones (aw0 6all inhabitants of the Philippine -slands* who were

    Spanish s"b4ects on the 11thday of &pril* 1:$:* and then residin' in

    the said islands* and their children born and s"bse5"ent thereto...7

    This was in t"rn a reprod"ction of Section = of the Philippine +ill of

    1:%;.[1:

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    Those who were nat"ralized accordin' to the Nat"ralization

    (aw of &ct No. ;:;@ B8arch ;,* 1:;%C* come "nder the scope of

    Section 1B1C. Dnder this &ct* the privile'e of nat"ralization was

    'iven to the followin' persons0B1C natives of the Philippines who were not citizens of thePhilippines* beca"se they were not livin' in the Philippines on &pril11* 1$::* and were not s"b4ects of Spain on that date* not were theychildren of !ilipino citizens born after that date B;C natives of theins"lar possessions of the Dnited States* s"ch as natives of 9"am*Fawaii* P"erto Rico* and the Jir'in -slands B)C residents of thePhilippines who were citizens of the Dnited States and B=C residentsof the Philippines who co"ld become citizens of the Dnited States"nder the &merican laws if residin' there.[;%

    &s can be seen from the previo"s citizenship laws* the

    principle ofjus sanguiniswas not applicable prior to the 1:)/

    2onstit"tion. +efore Section 1* which considered citizens those

    whose fathers were !ilipino citizens* the prevailin' doctrine had

    beenjus soli.[;1+y reco'nizin' the principle ofjus sanguinis* it was

    reco'nized that a blood relationship wo"ld serve 6as a better

    '"arantee of loyalty to the co"ntry of oneHs parents7[;;thanjus soli.

    Section 1B;C* at the time the 2onstit"tion was framed* was

    said to be inserted for the bene>t of ?ele'ate !ermin 2aram

    of -loilo. Since 2aram was born of Syrian parents and had not been

    nat"ralized* an 6anomaly of the 2onstit"tion bein' si'ned by one

    who is not a citizen7 wo"ld have been an iss"e* if th"s s"bsection

    had not been incl"ded. Fowever* the S"preme 2o"rt has held that

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    the dele'ates wo"ld not have added s"ch a provision witho"t

    considerin' its eect on others.[;)

    Section 1B=C contemplated a sit"ation where only the mother

    was a !ilipino citizen* and 'ave the child an opport"nity to elect

    !ilipino citizenship only when he reached the a'e of ma4ority. Prior

    to his reachin' s"ch an a'e* he at most has an inchoate ri'ht to

    !ilipino citizenship.[;=The provision is also applicable to mothers

    who were !ilipinos before ac5"irin' the nationality of their forei'n

    spo"ses. To restrict its interpretation in s"ch a way that the time of

    election was considered controllin' as to the stat"s when the

    mother sho"ld be a !ilipina wo"ld have n"lli>ed the partic"lar

    provision.[;/!or ille'itimate children however* this provision wo"ld

    not have been applicable* since the citizenship of the father wo"ld

    not then be material* since an ille'itimate child as a r"le follows the

    nationality of the mother.[;,

    The ri'ht to elect is 'overned by 2ommonwealth &ct No. ,/;*

    which states the re5"irements and proced"re for election* and

    m"st be express0led and sworn to by the party concerned before anyoicer a"thorized to administer oath and shall be >led with thenearest civil re'istrar. The party elected m"st li#ewise accompany theaforementioned statement with the oath of alle'iance to the2onstit"tion and the 9overnment of the Philippines. Ghere the partyconcerned resides abroad* he m"st ma#e the statement before anyoicer of the 'overnment of the Philippines a"thorized to administer

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    oaths and m"st forward s"ch statement to'ether with his oath ofalle'iance to the civil re'istrar of 8anila.[;@

    ned as the 6le'al act of

    adoptin' an alien and clothin' him with the ri'hts that belon' to a

    nat"ral born citizen. Nat"ralization may be obtained thro"'h a

    'eneral law of nat"ralization applied thro"'h a 4"dicial process.7[;:

    &. "#'$ Constitution

    &rticle ---* Section ; en"merates the followin' as citizens of

    the Philippines01. Those who are citizens of the Philippines at the time of the

    adoption of this 2onstit"tion.;. Those whose fathers or mothers are citizens of the Philippines). Those who elect Philippine citizenship p"rs"ant to the

    provisions of the 2onstit"tion of nineteen h"ndred and thirty3>ve

    =. Those who are nat"ralized in accordance with law.

    The p"rpose of the >rst para'raph of the provision was to

    protect the contin"ed en4oyment of Philippine citizenship to those

    who already possess the ri'ht as of 1@ an"ary 1:@).

    The Section ;B;C followed the principle ofjus

    sanguinis. Fowever* "nli#e the 1:)/ 2onstit"tion* !ilipino mothers

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    were placed by the 1:@) 2onstit"tion on e5"al footin' with !ilipino

    fathers as far as the determination of the citizenship of their

    children was concerned. The father or mother may be a nat"ral3

    born !ilipino or a !ilipino by nat"ralization or by election. The only

    important consideration here was that the mother m"st be a

    !ilipino at the time of the birth of the child. -t m"st be reiterated

    that this r"le applied only to those born of a !ilipino mother on or

    after 1@ an"ary 1:@).

    &s the 1:@) 2onstit"tion followed the doctrine ofjus

    sanguinis* it disre'arded the place of birth of a person. &s lon' as

    one was born of !ilipino parents* he was considered a !ilipino. -f he

    was born in a co"ntry where the r"le ofjus soli was the prevailin'

    principle* it wo"ld be a case of d"al citizenship.

    The Section ;B)C de>ned the stat"s of individ"als who elect

    Philippine citizenship "nder the 1:)/ 2onstit"tion. Dnder the said

    2onstit"tion* a child born of a !ilipina mother married to an alien

    was considered an alien "nless he elected Philippine citizenship

    within a reasonable period after reachin' the a'e of ma4ority.

    Fowever* if his mother reac5"ired her Philippines citizenship

    d"rin' his minority there was no need for election since by

    operation of law* he is a !ilipino citizen.

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    Section ;B=C provided for a means by which even individ"als*

    who were not !ilipino citizens by virt"e of birth or of !ilipino

    mothers* may become citizens of the Philippines thro"'h

    nat"ralization.

    . "#)' Constitution

    The 1:$@ 2onstit"tion b"ilds on the previo"s 2onstit"tions*

    b"t modi>es provisions which cannot be fo"nd in the 1:@) and

    1:)/ 2onstit"tion. Those who were citizens d"rin' the adoption of

    the new 2onstit"tion were considered citizens. Fowever* this does

    not rectify any defects in the ac5"isition of s"ch citizenship "nder

    the 1:)/ or 1:@) 2onstit"tion. 6-f a personHs citizenship was

    s"b4ect to 4"dicial challen'e "nder the old law* it still remains

    s"b4ect to challen'e "nder the new A whether or not the 4"dicial

    challen'e had been commenced prior to the eectivity of the new

    2onstit"tion.7[)%

    The principle ofjus sanguinis still applies* and in followin' the

    lead of the 1:@) 2onstit"tion* the !ilipino woman is placed on the

    same footin' as !ilipino men in matters of citizenship. -t is

    essential* however* that the mother is a !ilipina when the child is

    born.[)1The principle of parental a"thority is still applicable in the

    new 2onstit"tion* so this article only applies to le'itimate children*

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    not to adopted or ille'itimate ones. 8others have parental

    a"thority over ille'itimate children. &dopted children* on the other

    hand* as they are not related by blood* do not follow their adoptive

    parentsH citizenship* despite bein' "nder their parental a"thority.[);

    &s for those who were born after the adoption of the 1:@)

    2onstit"tion of !ilipino mothers* the 1:$@ 2onstit"tion still

    provides the transitory provision that was also in the 1:@)

    2onstit"tion0 6Those born before 1@ an"ary 1:@)* of !ilipino

    mothers* who elect Philippine citizenship "pon reachin' the a'e of

    ma4ority.7[))

    Nat"ralization still remains one of the ways by which a person

    may ac5"ire citizenship. Section ; of the 1:$@ 2onstit"tion de>nes

    nat"ral born citizens0

    Nat"ral3born citizens are those who are citizens ofthe Philippines from birth witho"t havin' to perform any act toac5"ire or perfect their Philippine citizenship. Those who electPhilippine citizenship in accordance with para'raph B)C* Section 1hereof shall be deemed nat"ral3born citizens

    -n the 1:@) 2onstit"tion* the second sentence was not yet

    incl"ded. !"rthermore* even "nder the 1:)/ 2onstit"tion* it was

    not settled whether the child of a !ilipino mother who elects

    Philippine citizenship was a nat"ral3born !ilipino or a nat"ralized

    one. & liberal view was adopted by the 1:$@ 2onstit"tion* based on

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    the ar'"ment that the election retroacts to the moment of birth*

    since it was s"ch that 'ives him potential to ma#e the election.[)=

    Fowever* if a person loses his citizenship and s"bse5"ently

    reac5"ires s"ch citizenship* that person wo"ld no lon'er be

    considered a nat"ral3born !ilipino b"t a nat"ralized one Bwhether

    "nder the 1:@) or the 1:$@ 2onstit"tionC. &n exception to this r"le

    is reac5"irin' oneHs citizenship thro"'h repatriation* where one

    re'ains oneHs former citizenship.[)/

    Section ) states that 6Philippine citizenship may be lost or

    reac5"ired in the manner provided by law.7[),The loss of

    citizenship is 'overned by two laws* 2ommonwealth &ct No. ,) Bfor

    nat"ral3born and nat"ralized citizenshipC and 2ommonwealth &ct

    No. =@) Bfor nat"ralized citizenshipC. Dnder 2.&. No. ,)* citizenship

    may be lost06thro"'h nat"ralization in a forei'n co"ntry* by

    express ren"nciation of citizenship* by oath of alle'iance to a

    forei'n co"ntry* by renderin' service in the armed forces of a

    forei'n co"ntry* and by bein' a deserter of the armed forces.7

    Dnder 2ommonwealth &ct No. =@)* oneHs certi>cate of

    nat"ralization may be cancelled if 6fo"nd to have been fra"d"lently

    obtained* by permanent residence in the co"ntry of ori'in within

    >ve years of nat"ralization* or when petition is fo"nd to have been

    made on an invalid declaration of intent* or "pon fail"re to comply

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    with the re5"irements for the ed"cation of minor children* or if the

    person allows himself to be a 6d"mmy7 for aliens.7[)@

    Reac5"isition may happen either thro"'h nat"ralization or

    repatriation.

    Section =* which states that 6citizens of the Philippines who

    marry aliens shall retain their citizenship* "nless by their act or

    omission* they are deemed "nder the law* to have reno"nced

    it*7[)$modi>es the 1:@) 2onstit"tion by 6ma#in' no reference to

    sex... on the chance that some co"ntry mi'ht have a law which

    divests a forei'n h"sband of his citizenship.7[):

    -n Section /* the 2onstit"tion 6reco'nizes the problem of d"al

    alle'iance* b"t leaves concrete ways of dealin' with it to

    2on'ress.7[=%The same may be said of d"al citizenship* which is not

    contemplated in the provision* it bein' a 6seldom intentional and

    perhaps never insidio"s...condition that arises from the fact that

    Philippine law cannot control international law* and the laws of

    other co"ntries on citizenship.7[=1?"al 2itizenship is covered by R&

    :;;/* which provides that nat"ral3born citizens of

    the Philippines who* after the eectivity of this &ct* become citizens

    of a forei'n co"ntry shall retain their citizenship after ta#in' the

    oath mentioned therein.

    &s can be seen* tho"'h there had been chan'es from the

    Spanish (aws to the Philippine 2onstit"tions* contin"ity has been

    maintained. Iach 2onstit"tion "s"ally incl"des a provision to

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    accommodate previo"s ones. 8a4or chan'es incl"de the transition

    fromjus solitojus sanguinisin the 1:)/ 2onstit"tion* the

    e5"alization of men and women Bfathers and mothersC as re'ards

    citizenship in the 1:@) 2onstit"tion* and the classi>cation of

    children of !ilipino mothers who needed to elect citizenship as

    nat"ral3born* the retention of citizenship "pon marria'e to

    forei'ners* and the reco'nition of the problem of d"al alle'iance in

    the 1:$@ 2onstit"tion.

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