How citizenship is lost (CA 63):

1. Naturalization in a foreign country

2. Express renunciation of citizenship - renunciation that is made known distinctly and explicitly
and not left to inference or implication
3. Subscribing to an OoA of a foreign country
4. Rendering services in armed forces of foreign country unless:
a. PH has a pact
b. Foreign country has bases here
5. Cancellation of certificates of naturalization
6. Deserter in service

*Ibero-american countries or UK – will not forfeit citizenship provided there is same privilege and is
treatised.

How citizenship is reacquired (CA 63):

1. Naturalization provided possesses all qualifications and no disqualifications

2. Repatriation
3. Direct act of Congress

How to elect citizenship as per 1987 Consti (CA 625):

1. Sworn statement + OaA

2. File in civil registry

Naturalization/Reacquisition Process

Qualifications (CA 473):

1. At least 21 on day of petition

2. Resided in PH continuous period not less than 10y. May be 5y if:
a. Held office in PH
b. Established new industry or introduced useful invention in PH
c. Married to Filipino woman
d. Teaches in PH schools/industry
e. Born in PH
3. Good moral character, abides by Consti
4. Lucrative trade, profession, occupation
5. English, Spanish, or Filipino
6. Minor children enrolled in public/private schools in PH, history, govt, and civics taught

Disqualifications (CA 473):

1. Opposition to organized government, affiliation

2. Defends/teaches necessity of violence for success of idea
3. Practitioners/believers in Polygamy
4. Mental alienation or incurable contagious disease
5. Did not mingle/does not embrace PH culture during the stay (NATURALIZATION ONLY)
 6. Citizens of enemy nations (NATURALIZATION ONLY)
7. Citizens of nations who do not allow naturalization to PH (NATURALIZATION ONLY)

Naturalization Process (CA 473):

1. Declare intention with OSG, 1y before filing of petition

2. File petition with court
3. Clerk of court will publish in OG and newspaper
4. 6 months after, hearing.
5. Decision is final after 30d from notice, executory after 2y from promulgation. Probation:
a. Not left PH
b. Dedicated continuously to profession
c. No conviction or violation
d. No act prejudicial to national interests

Repatriation Process:

1. OoA
2. Sworn renunciation of any other oath (applies if running for elective office)

Res Judicata will set in only if:

1. Citizenship was material and person concerned is a party to case

2. Sol-gen or authorized representative intervened
3. Affirmed by SC

CASES:

Co v HRET – Child becomes Filipino if parent is naturalized.

In Re Ching – born before Jan 17 1973 must elect after 21, 3 years generally

Republic v Lim – born before Jan 17, 1973 to Filipina mother but no marriage NO NEED TO ELECT

Tecson v Comelec – Natural-born Filipino if either parent is Filipino (all three constitutions)

Aznar v Comelec – Alien Cert of Reg immaterial. Must prove citizenship was lost. May be American, but
still Filipino

Bengson v HRET – repatriation results in former citizenship

Labo v Comelec – naturalized = lost PH citizenship. Even if later rejected, does not automatically revert.

Mercado v Manzano – dual citizenship!=dual allegiance. Participating in elections renounces other

citizenship.

Maquiling v Comelec – twin requirements of ra 9225; oath of renunciation; recanted by representing

oneself as citizen (passport use) *retroactive?

Altarejos v Comelec – RA 8171 repatriation requires registration w CR+BoI

In Re Yu v Defensor-Santiago – application for foreign passport AND representation as national thereof
constitutes express renunciation

Cueco v Sec of Justice – 7 years from age of majority is not "within reasonable time." Also the fact that
he knew he had to elect + joined Chinese volunteers + represented as Chinese

In Re Mallare – citizenship adjudged by any tribunal is not res judicata. See above exception.

Moy Ya Lim Yao v Commissioner of Immigration – Alien women marrying Filipino or married to one who
becomes naturalized Filipino ipso facto becomes Filipina by virtue of marriage, provided NO
DISQUALIFICATIONS

Cordora v Comelec – twin requirements of ra 9225 do not apply do accidental dual citizenship; you have
to renounce other citizenship upon filing of CoC anyway

Nicolas-Lewis v Comelec – dual citizens may vote as absentee voters, notwithstanding absence in PH for
a year preceeding election

Calilung v. Sec of Justice – RA 9225 does not deal with dual allegiance issue. It just makes a person swear
allegiance to PH.

Ma v Fernandez Jr – statutory compliance is okay if delayed