Re-acquisition of Citizenship

 

 

Citizenship may be reacquired, even though it is lost, according to the provisions of the law.  There are several ways of reacquiring citizenship.  It may be reacquired through naturalization, repatriation, or through direct act of law.

Repatriation is the recovery of original citizenship. If what was lost was naturalized citizenship, that is what will be reacquired.  If natural-born citizenship was lost, then natural-born citizenship will be reacquired.[1] Technically, it is not acquiring citizenship as a person, but it is merely re-taking what was once his.

Reacquisition of Philippine citizenship does not have an automatic effect. The fact that a former Filipino is elected does not automatically restore Philippine citizenship, the possession of which is an indispensable requirement for holding public office.[2] As what the Supreme Court has held in the case of Labo, Jr. v. COMELEC:[3] “Philippine citizenship is not a cheap commodity that can be easily recovered after its renunciation. It may be restored only after the returning renegade makes a formal act of re-dedication to the country he has abjured and he solemnly affirms once again his total and exclusive loyalty to the Republic of the Philippines.”

 

SUBSTANTIVE LAWS ON HOW TO REAQUIRE FILIPINO CITIZENSHIP

            According to Commonwealth Act No. 63, citizenship may be reacquired through the following means:

(1)   By naturalization: Provided, That the applicant possess none of the disqualification's prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven,

(2)   By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status; and

(3)   By direct act of the National Assembly[4]

 

Women who have lost their citizenship because of marriage may reacquire their citizenship by repatriation.  Republic Act No. 8171 [5] provides the following:

Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, may reacquire Philippine citizenship through repatriation in the manner provided in Section 4 of Commonwealth Act No. 63, as amended: Provided, That the applicant is not a:

 

(1) Person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government;

(2) Person defending or teaching the necessity or propriety of violence, personal assault, or association for the predominance of their ideas;

(3) Person convicted of crimes involving moral turpitude; or

(4) Person suffering from mental alienation or incurable contagious diseases.

 

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.

 

Notably, in a decision penned by Associate Justice Santiago, the Supreme Court en banc, ruled that a repatriated person regains his old citizenship.[6]  As noted civilist Arturo Tolentino said: there are two ways of acquiring citizenship which is (1) by birth and (2) by naturalization.  These ways of acquiring citizenship correspond to the two kinds of citizens: natural-born citizen and naturalized citizen. In the constitution, it is defined that natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.[7] On the other hand naturalized citizen are those who become Filipinos through naturalization, generally under the Revised Naturalization Law[8] or by Republic Act. No.530.[9]  There is special type of citizenship for repatriated Filipinos.  

            As earlier mentioned, there are three ways of reacquiring citizenship.  Repatriation as a means of reacquiring citizenship would result to the reacquisition of the original citizenship, since it only consists of taking the oath of allegiance of the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned last resided.[10]  Since there are only two kinds of citizens, a repatriated person would eventually fall in either one.  Since a repatriated person is not naturalized, and there is an absence of a category of repatriated persons, then by deduction he is a natural-born citizen.[11] 

            However, in the dissenting opinion penned by Justice Sandoval-Gutierrez[12], he claimed that reacquisition of citizenship through repatriation does not make a person a natural-born.  It is noted that this person, for some time became an alien and it is absurd that he will still revert back to his original natural-born status.  Evidently he did several processes, which is repatriation, to regain his citizenship.

            Repatriation also entitles the minor children to be Filipino citizens.[13]  Once the repatriation of either of their parents is perfected then the minor children can acquire Filipino citizenship as well.  This is in line with the followed mode of acquisition of citizenship which is jus sangunis.

PROCEDURES ON HOW TO REAQUIRE FILIPINO CITIZENSHIP

            Commonwealth Act No. 63 also provides the procedure in the reacquisition of citizenship.  In section 3 to 5 of said Act, it is stated that:

The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twenty-seven,⁵ as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special qualifications prescribed in section three and four of said Act shall not be required: And provided, further,

 

(1)   That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization;

(2)   That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and

(3)   That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.

 

Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth[14] of the Philippines and registration in the proper civil registry

 

The Secretary of Justice shall issue the necessary regulation for the proper enforcement of this Act.  Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to approval of the Secretary of Justice.

 

            A person who takes a mere oath without adducing proof of qualification for repatriation is not deemed repatriated.  There must be a conclusive showing that he or she was a former citizen of the Philippines.[15]  The requirement of repatriation is a mandatory requirement.

            The Department of Justice provided rules to govern the procedure for the reacquisition of lost Philippine citizenship as stated in Commonwealth Act. No. 63:

RULE 1. Any person who had lost his Philippine citizenship in any of the following ways and/ or events:

1.      By naturalization in a foreign country;

2.      By express renunciation of citizenship;

3.      By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more;

4.      By accepting commission in the military, naval or air service of a foreign country; and

5.      By cancellation of the certificate of naturalization, and wishes to reacquire his or her Philippine citizenship under Commonwealth Act. No. 63, shall file a petition for naturalization with the Court of First Instance of the province or district in which he or she resides.

 

RULE 2. An applicant for naturalization under Commonwealth Act No. 63 shall submit his or her birth certificate, if obtainable, or a baptismal certificate.

 

Where birth or baptismal certificate is not obtainable, affidavits by two reputable persons, preferably by a close blood relative, should be submitted, stating briefly the place and date of birth of the applicant, his legitimacy, the birthplace and citizenship of the parents of the applicant, the relationship existing between affiant and the applicant, and how and through what source affiant’s knowledge of the birth and parentage of the applicant is required.

 

RULE 3. Any person who lost his or her Philippine citizenship in any of the following ways and/ or events:

 

1.      By having been declared, by competent, authority, a deserter of the Philippine army, nave or air corps in time of war, unless subsequently a plenary pardon or amnesty has been granted; and

2.      In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her husband’s country, she acquires his nationality, and wishes to reacquire his or her Philippine citizenship by repatriation under the provisions of Commonwealth Act No. 63, shall file an application with any of the Court of First Instance setting forth his name and surname; his occupation; the place and date of birth; whether single or married, in the case of a deserter or the Army, Navy, or Air Corps, and if married, the name, age, and birthplace, and residence of his wife and each of his children.  In the case of a woman who lost his her Philippine citizenship by reason of her marriage to an alien, the applicant shall state the date and place of her marriage, the nationality of her former husband, and the cause of the dissolution of the marriage.  The petition must be supported by the affidavit of at least two persons stating that they are citizens of the Philippine Islands and personally know the petitioner, in their opinion, has all the qualifications necessary to be repatriated.  If after the hearing the court believes in view of the evidence taken that petitioner has all the qualification required by Commonwealth Act No 63, it shall require the petitioner to take in open court the following oath of allegiance:

 

I,…………, solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to…………….. of which at this time I am a subject; that I will support and defend the constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Commonwealth of the Philippines,[16] and I hereby declare that I recognize and accept the supreme authority of the United States of America[17] in the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion. So help me God.

     

After swearing the registration of such oath shall be done in the proper civil registry through the Clerk of Court.

 

RULE 3-A. Any person who has lost his or her citizenship to any of the following courts:

 

                    i.            By having been declared, by competent authority, as a deserter of the Philippine army, navy or air corps in time of war, unless subsequently a plenary pardon or amnesty has been granted; and

 

                  ii.            In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her husband’s country, she acquires his nationality, and wishes to reacquire his or her Philippine citizenship by repatriation under the provisions of Commonwealth Act. No. 63, may, if residing outside the Philippines, resume such citizenship by taking the oath of allegiance prescribed in the Rule 3 of the “ Rules and Regulation Governing the Reacquisition of the Philippine Citizenship” issued by the Undersecretary of Justice on July 1, 1937; and such oath may be taken before any court of the United States or any State thereof, or before a consul of the United States,[18] and certified copies thereof shall be sent by such court or consul to the Government of the Commonwealth of the Philippines[19] for registration in the proper civil registry

 

Any individual who claims to have resumed his or her citizenship under the provision of this rule shall, upon returning to the Philippines, file an application with any Court of First Instance for a certificate of repatriation.  Upon proof to the satisfaction of the Court that the applicant was a former citizen of the Philippines and that he or she has been repatriated in accordance with the law he or she shall be issued a certificate of repatriation

           

RULE 4. No petition shall be heard within thirty days preceding any election.  The hearing shall be public and the Solicitor General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Commonwealth[20] of the Philippines at all the proceedings and at the hearing.

 

Filipinos, who were natural-born citizens but have lost their citizenship, and Filipino women, who lost their citizenship by marriage to aliens, may reacquire Philippine citizenship through repatriation by applying with the Special Committee on Naturalization created by the Letter of Instruction No. 725, the implementing rules of which are as follows:

RULE 1. Any Filipino woman who lost her citizenship by marriage to an alien, or any natural born Filipino who lost his or her Philippine citizenship in some other way, and who wishes to reacquire Philippine citizenship by repatriation under Presidential Decree No. 725, shall file a petition for repatriation with the Special Committee on Naturalization in the proper form, upon payment of a docketing fee of FIVE HUNDRED PESOS (P500) , except that those who have already filed applications under LOI 270 may convert their aforesaid applications into petitions for repatriation without need of paying another docketing fee.

 

RULE 2.  Said petition shall be in five (5) copies legibly typed, and signed, thumb-marked, and verified by the applicant, with his/her signed photograph in passport size attached to each copy of the application, and setting forth the following:

 

a.       The petitioners name and surname and any other name he/she has used or by which he/she is known;

b.      His/her present and former places of residence;

c.       His/her place and date of birth, the names and citizenship of his/her parents and their residences (if still living), and the reasons for Filipino citizenship of his/her parents, if such is the fact;

d.      The basis for her being a Filipino citizen at the time of her marriage, if the applicant is one who lost her Filipino citizenship by marriage; or if the applicant was a natural-born Filipino citizen, the basis why he/she was a Filipino citizen at birth;

e.       Whether the petitioner is single, married, or divorced, or his/her marriage had been annulled.  If married, petitioner shall state the date and place of his/her spouse; if widowed, the date and place of death of his/her spouse; and if his/her marriage has been annulled or he/she has been divorce, the date of decree of divorce or annulment of marriage and the court which issues the same;

f.        His/her occupation, as well as the occupation of his/her spouse, in case the applicant is married;

g.       If the petitioner has children, the name, date and place of birth, and residence of each of the children;

h.      That the petitioner has not at any time committed any act of treason or disloyalty to the Philippines, and

i.        That it is his/her intention to reacquire Philippine citizenship and to renounce absolutely and forever foreign prince, potentate, state or sovereignty, and particularly to the state or country of which he/she is a citizen or subject.

 

The petition must be accompanied by:

 

a.       certified of photocopy copies of petitioner’s birth certificate or other evidence of his/her former Filipino citizenship;

b.      certified of photocopy copies of petitioner’s Alien Certificate of Registration and his/her Native born Certificate of Residence and Certificate of Arrival or Re-entry Permit into the Philippines, if any;

c.       certified of photocopy copies of petitioner’s marriage certificate, if married and the death certificate of his/her spouse, if widowed or the decree granting petitioner a divorce, if he/she is divorced, or annulling his/her marriage, if such marriage had been annulled;

d.      certified of photocopy copies of birth certificates, the Alien Certificate of Registration, and immigrant Certificate of Residence or Native Certificates of Residence (if any) of petitioner’s minor children.

 

Every page of petition, as well as the pages of its annexes and supporting documents and papers, must be signed by the petitioner in addition to the signatures thereon of the persons executing or issuing the same.

 

RULE 2. The applications shall be given a docket number and stamped, indicating the date of filing. The Committee shall record the filing of all such application in record book in chronological order.

 

RULE 3. After receipt of the petition for repatriation, the Committee may call the petitioner for interview, after which the Committee, if it believes in view of the facts before the petitioner has all the qualifications required for repatriation under Presidential Decree No. 725, shall approve the petition.  Within thirty (30) days after being notified of the approval of his petition, the petitioner shall take the following oath of allegiance in the proper form in six (6) copies before the Committee or any of its duly designated representative or representative

 

Should the petitioner fail to take the oath of allegiance within the prescribed time the approval of the petition shall be deemed withdrawn.

 

RULE 4. If the petitioner was a natural-born Filipino and is presently residing outside the Philippines, he/she may file his/her application and pay the corresponding docket fee with the Philippine Consulate having jurisdiction over him/her place of residence.   On request of the Special Committee on Naturalization, an official of the consulate shall interview the petitioner.  The application, docket fee and report to interview shall thereupon be forwarded to the Committee, who shall determine whether the petitioner is qualified for repatriation.  If he/she should be found to be qualified, he/she shall then take the oath of allegiance as provided in Rule 3 before the consul or vice-consul at the Philippine Consulate of his/her place of residence, after which said oath shall be forwarded to the Special Committee for Naturalization.

 

RULE 5. After the petitioner has taken the oath of allegiance as provided for in Rule 3 hereof, the Committee shall forward a copy of said oath to the proper local Civil Registrar for registration, and another copy to the Commission on Immigration and Deportation, which shall, pursuant to Presidential Decree No. 725, cancel the alien certificate of registration of the repatriated citizens and forthwith issue to him/her the corresponding identification Card as Filipino citizen

 

RULE 6.  Any false statement of misrepresentation or any violation of the Rules and Regulation by the petitioner or his/her duly authorized representative, shall constitute adequate basis for denial of the petition for repatriation, or if the same is favorably considered, for the revocation of such repatriation, and if the violation is serious, for the deportation of the petitioner.

 

            In Lim v. Republic[21], the Court held that a female citizen, who has lost her citizenship by reason of marriage to an alien, may regain her original citizenship by taking the oath of allegiance to the Republic of the Philippines and registering such oath in the proper civil registry. 

            R.A. No. 8171[22] also currently provides for the repatriation of natural-born citizens. Natural-born Filipinos who have lost their Philippine citizenship may reacquire Philippine citizenship upon filing a petition with the Special Committee on Naturalization.[23] They must make a declaration that (1) petitioner is not a person opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government; (2) petitioner is not a person defending or teaching the necessity or propriety of violence, personal assault, or assassination for the predominance of their ideas; (3) petitioner is not a person convicted of crimes against moral turpitude; or (4) petitioner is not a person suffering from mental alienation or incurable contagious diseases.[24]

 

STATELESS PERSON

            There are certain instances wherein one can become a stateless person.  If a natural born Filipino, becomes naturalized in another country, he therefore automatically loses his citizenship.  The fact that he loses his foreign nationality does not revert him back to becoming a Filipino and utmost he is a stateless person[25].  Since citizenship is a priced possession, it is not automatically regained.   

After completing the procedure, those who retain or re-acquire Philippine citizenship under R.A. No. 9255 shall enjoy full and civil political rights and be subject to all attendant liabilities and responsibilities under existing laws and the following conditions:[26]

1.        Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” and other existing laws;

2.        Those seeking elective public office in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

3.        Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, that they renounce their oath of allegiance to the country where they took that oath;

4.        Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and

5.        That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who:

a. are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

b.are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.

 

Under the provision on Derivative Citizenship, the retention or reacquisition of Philippine citizenship redounds also to the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon the effectivity of R.A. No. 9225 because they shall also be deemed citizen of the Philippines.[27] On the other hand, a foreign spouse and children eighteen (18) years old and over do not qualify to acquire Philippine citizenship under this Act. If they wish to reside permanently in the Philippines, they have the option of either (1) applying for naturalization or (1) applying for a permanent resident visa.[28]