IS DUAL CITIZENSHIP A VIOLATION OF THE CONSTITUTION? | CHALLENGE TO THE CONSTITUTIONALITY OF RA 9225
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- เผยแพร่เมื่อ 22 ธ.ค. 2022
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MERCADO vs. MANZANO(G.R. No. 135083, May 26, 1999)
Distinction between dual citizenship and dual allegiance:
“To begin with, dual citizenship is different from dual allegiance. The former arises 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. For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of citizens of the Philippines to possess dual citizenship:
(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their father's' country such children are citizens of that country;
(3) Those who marry aliens if by the laws of the latter's country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship.
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Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual's volition.”
AASJS vs. Secretary of Justice (G.R. No. 160869, May 11, 2007)
“From the above excerpts of the legislative record, it is clear that the intent of the legislature in drafting Rep. Act No. 9225 is to do away with the provision in Commonwealth Act No. 635 which takes away Philippine citizenship from natural-born Filipinos who become naturalized citizens of other countries. What Rep. Act No. 9225 does is allow dual citizenship to natural-born Filipino citizens who have lost Philippine citizenship by reason of their naturalization as citizens of a foreign country. On its face, it does not recognize dual allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounces his foreign citizenship. Plainly, from Section 3, Rep. Act No. 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. What happens to the other citizenship was not made a concern of Rep. Act No. 9225.”
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“To begin with, Section 5, Article IV of the Constitution is a declaration of a policy and it is not a self-executing provision. The legislature still has to enact the law on dual allegiance. In Sections 2 and 3 of Rep. Act No. 9225, the framers were not concerned with dual citizenship per se, but with the status of naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization.9 Congress was given a mandate to draft a law that would set specific parameters of what really constitutes dual allegiance.10 Until this is done, it would be premature for the judicial department, including this Court, to rule on issues pertaining to dual allegiance.”
Very informative indeed - LEGISLATIVE - I learned something about my citizenship FIL-AM thank you so much attorney.
Greetings now from the NIAI TO USA thank once again.
You are on track here and thank you for your clarification and warning for ignorance of the law.
I was about to apply for dual citizenship because of Covid when I chose to stay here for safety from the cold climate even in sunny California but because of my research on the US law, I hesitated.
I recall when I swore allegiance to the US flag US law prevents us from taking another oath of allegiance to another flag….period.
I hesitated taking advantage of RA 9225since 10 years ago when I took advantage of the Balikbayan program because of our warm tropical climate and many other simplistic reasons and obvious advantages like it’s more fun in the mother country.
The first time I went to ask if I’m going to be jeopardized one way or another, the young lady I asked at the Philippine said, “Hindi naman po Malalaman Ng US”, LOL. That ignorance prodded me to read about the laws as all of my friends rushed to the very inviting $50 inexpensive procedure.
Henceforth, every time I go to the Philippine embassy, they tell me to consult a lawyer for this concern….and they later produced the same statement, consult a lawyer, in their inviting to be dual citizen brochure.
And then two US congressmen proposed to abolish and look into dual citizenship abuses being made by many for not just retirement but tax evasion or money laundering.
Hence, the attraction to avail of RA 9225 offer to us has gotten more iffy more so after Covid when one can hardly get an appointment at the embassy at Los Angeles as their online calendar is fully booked.
Thank you for your very informative and honest vlog.
Anytime laws by the proper authority can be changed and amended as long as it disrupt good intentions from the majority of a country
Hi Atty,
Just inquiring any ideas and what’s the best thing to do to be able to renew my PRC-Civil License.
I sent the renewal application form from PRC & filled the citizenship portion as a dual citizenship i.e. Filipino+NewZealand (not filed for RA9225 yet).
PRC is requiring to provide an Oath of Allegiance to prove as a Filipino Citizen but it was mentioned that Dual Citizenship doesn’t mean Dual Allegiance.
Please advise some guidance and legal aspects. The purpose of renewing my PRC card is to secure confirmation that I am registered & licensed as professional with the Commission.
Thank you very much
Mano
Paano po kung sakaling 3 countries ang na obtained citizenship? Thanks po
Hello can you talk about the topic of Jus Sanguinis when the child born and raise in the Philippines to foreign parents (Chinese) but wants to acquire Filipino citizenship ? What are the requirements and such. Thank you so much 😊
Hej!
Do I need to pay taxes in philippines if im dual citizen in philippine? My income is not from philippine work but in my country where I lived now.
Many countries have RECIPROCAL RULES about paying taxes. Check yours.
Usually you pay taxes on to your country -- no matter where income is earned. But RECIPROCAL RULES provide that income earned in Country X is taxed in Country X and income earned in Country Y is taxed in Country Y.
Thank you for sharing...I’m interested in dual citizenship, I have German passport but born in the Philippines. ..
Unfortunately, Germany does not allow dual citizenship. If you intend to stay/ retire in PH, an option for you would be the permanent resident visa (13G).
Hello Atty. Kapag po ba ang dual citizen ay ipinanganak sa Pilipinas at lumaki na sa ibang bansa makukuhanan po kaya siya ng birth cetificate late registration sa Pilipinas? I knew a friend who is an arabian by national with a mother of a Filipina pinanganak yung bata sa Pilipinas at binigay ng nanay yung bata sa ama because of tribal conflict sa mindanao 30 years ago, kinuha yung bata pinuslit from philippines to malaysia and going to middle east. Negative siya sa PSA as per info given. Paano po kami mag sisimula when it comes sa kanyang kaso po? Sana po masagot.. maraming salamat.
Yung kaibigan ko, nasa middle east na at citizen na doon from a different registered mother. Mahirap kasi kung i declare ng father niya na filipina yung mother tpos di sila kasal nung biological mother niya na filipina, panigurado makakasuhan ng fornication duun yung tatay pag nalaman at mabigat na parusa yun. Right now, situation has changed, the father is willing to recognize the child dun sa real mother niya na filipina.
With regards to paying taxes ifcyou dont have any income generated from pinas no need to file but even small income from somewhere in pinas you have to file and probably pay.now sincevyou are pinoy through citizenship your back to being pinoy so follow phils laws.now if you have income from whereever your other citizenship e g USA then you have to file too and dues.
hello atty i have a question if one naturalized already in US and apply for philippine dual citizenship and renounce his pilipino citizenship can apply again for dual citizenship?
Yes, you can apply for dual citizenship. Inquire from the PH consulate nearest you.
Hello po.
My American husband and I (former Filipino) are planning to move to the Philippines soon. We want to take my minor American stepson. He will continue his studies there.
What is the best visa for him? Can he avail the balikbayan privilege under me?
Thank you so much.
Hi there! For children of balikbayan, the Bureau of Immigration would require either the birth certificate or certificate of adoption. There must be proof of filiation with the balikbayan. These videos about the Balikbayan privilege might be of help:
th-cam.com/video/sCWqDaTP2nE/w-d-xo.html
th-cam.com/video/3FwvxVUcZG4/w-d-xo.html
Your stepson may apply for student visa.
Mabuhay Attorney, Question PO. If your filipino spouse becomes a green card holder in the USA and returns to the Phillippines can she apply a marriage visa for her foreign husband. Is Dual citizenship required?
If the Filipina is a GC holder, she is still a PH citizen. So yes, if she/ they live in PH, she can sponsor him for a spouse visa/ PR visa (13A). However, a GC holder can only be away from the US for a specific time (6 months or 1 year, am not sure).
I wish this was totally in English!
Ask the Chinese people who they want to ?
And then follow their example.
For now theres no.problem being dual but since you returned v to your former citizenship pinas got the power to you whatever they feel like doing.pinas law changes overnight or changes mo thly.look at this travel guide maki g us senior more confused good for the younger generations theyre up to this computer age but all basic knowledge are hobe they cant even compute without computer or help of gadgets.shame
The Philippines have a lot of mumbo jumbo laws that is not reliable . Oath of allegiance is your promise to defend that county and then you chose to be a citizen of another country and give another Oath of allegiance which is now a lie then what kind of a person you have become ?
Please cancel this membership...just push this accidentally...Thank you..