Omar Bennett
The topic of whether dual citizenship is prohibited by the 1987 Constitution is a complex one. While the Constitution of the Philippines states that dual allegiance of citizens is against national interests and should be dealt with by law (Article IV, Section 2 par (5)), it does not explicitly prohibit dual citizenship. Dual citizenship is permissible under Philippine law if it arises involuntarily through birth or through Republic Act 9225, also known as the Citizenship Retention and Reacquisition Act. This act allows natural-born Filipinos who have become naturalized citizens of another country to retain or reacquire their Philippine citizenship. However, dual allegiance, which involves a conscious choice to serve two states, is prohibited and seen as a national security concern, particularly for public officials.
| Characteristics | Values |
|---|---|
| Forms of acquiring Philippine citizenship | Birth and naturalisation |
| Naturalisation process | Judicial (Commonwealth Act 473), administrative (Republic Act 9139) or legislative |
| Administrative naturalisation applicability | Applicants born in the Philippines and have resided there since birth |
| Legislative naturalisation | Applicable to aliens who have made significant contributions to the government or national patrimony |
| Other ways to acquire Filipino citizenship | Recognition (if parents are Filipino citizens) or naturalisation (with an oath of allegiance) |
| Dual citizenship | Permissible under certain conditions, such as reacquisition of Filipino citizenship while retaining foreign citizenship or for natural-born Filipino citizens |
| Dual allegiance | Prohibited by the Constitution and seen as against the national interest, especially for public officials |
| Renunciation of foreign citizenship | Required for reacquired Filipino citizens to hold certain government offices |
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What You'll Learn
- Dual citizenship is permissible under Philippine law in certain circumstances
- Dual allegiance is prohibited by the 1987 Constitution
- Dual allegiance is considered a national security concern
- Dual citizens have full civil and political rights
- Natural-born Filipinos can reacquire citizenship and retain foreign citizenship
Dual citizenship is permissible under Philippine law in certain circumstances
The 1987 Constitution of the Philippines states that dual allegiance is "inimical to the national interest" and should be "dealt with by law" (Article IV, Section 2 par (5)). This seems to suggest that dual citizenship is prohibited by the Constitution. However, dual citizenship is permissible under Philippine law in certain circumstances.
Firstly, dual citizenship acquired involuntarily through birth is allowed. This can occur when a child is born to Filipino parents in a foreign country and is claimed by that country as a citizen. In such cases, the child holds dual citizenship without any conscious choice or act of allegiance to the foreign country.
Secondly, dual citizenship is permitted under the Republic Act 9225, also known as the Citizenship Retention and Reacquisition Act. This law allows natural-born Filipinos who have become naturalized citizens of a foreign country to retain or reacquire their Philippine citizenship. Upon reacquisition of Philippine citizenship, individuals enjoy full civil, political, and economic rights, including the right to vote and hold public office. However, if they wish to hold certain government positions, such as the President, Vice-President, or members of Congress, they are required to renounce their foreign citizenship explicitly.
It is important to distinguish between dual citizenship and dual allegiance. Dual citizenship can be involuntary and legal, whereas dual allegiance implies a conscious choice to serve two states and is considered a matter of divided loyalty. While dual citizenship is permissible in the Philippines under specific circumstances, dual allegiance is prohibited by the Constitution and seen as against the national interest, particularly for public officials. The legislative developments regarding dual citizenship and dual allegiance in the Philippines aim to balance the rights of Filipinos who acquire multiple nationalities with ensuring national security and public interest.
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Dual allegiance is prohibited by the 1987 Constitution
The concept of dual allegiance is prohibited by the 1987 Constitution of the Philippines. The Constitution states that dual allegiance is detrimental to the national interest and should be addressed with legislation (Article IV, Section 2 par (5)).
Dual allegiance is distinct from dual citizenship, which is permissible under Philippine law. Dual citizenship can occur involuntarily at birth or through the provisions of RA 9225 (the Citizenship Retention and Reacquisition Act). However, dual allegiance involves a conscious choice to serve two states and is considered a matter of divided loyalty. This is particularly concerning for individuals in public service, as it may present a conflict of interest, especially in areas like defence, foreign policy, and national security.
The Supreme Court of the Philippines clarified this distinction in the case of Mercado v. Manzano (G.R. No. 135083, 1999). While dual citizenship may be legal, dual allegiance is constitutionally discouraged. The Constitution mandates the government to enact laws to address dual allegiance, but as of now, there is no specific legislation that comprehensively penalises or provides clear guidance on this issue.
Natural-born Filipinos who acquire the citizenship of another country without losing their Filipino citizenship may become dual citizens. RA 9225 allows these individuals to retain or reacquire their Philippine citizenship. Upon reacquisition, they enjoy full civil, political, and economic rights, including the right to vote and hold public office. However, if they wish to hold specific government positions, they must renounce any foreign citizenship.
In summary, while dual citizenship is allowed under certain conditions in the Philippines, dual allegiance is prohibited by the 1987 Constitution. The Constitution recognises the potential conflict of interest and national security concerns arising from dual allegiance and mandates legislative action to address this issue.
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Dual allegiance is considered a national security concern
The 1987 Constitution of the Philippines prohibits dual allegiance, considering it inimical to the national interest. While dual citizenship is permissible under Philippine law, dual allegiance is deemed a matter of divided loyalty and is constitutionally discouraged. This distinction is crucial: dual citizenship can arise involuntarily or through birth, whereas dual allegiance involves a conscious choice to serve two states.
The Constitution requires the government to enact laws addressing dual allegiance, particularly for public officials. Public servants holding dual allegiance can be seen as having conflicting loyalties, especially in defence, foreign policy, and national security matters. While there is currently no specific law that comprehensively penalises or provides clear guidance on dual allegiance, legislative bills have been proposed.
Under Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003), natural-born Filipinos who acquire the citizenship of another country without losing their Filipino citizenship may become dual citizens. However, if they wish to hold certain government offices, they must renounce their foreign citizenship. This requirement reflects the concern over dual allegiance as a national security issue, ensuring that individuals in positions of power are not subject to divided loyalties.
The legislative and jurisprudential developments related to dual citizenship and dual allegiance in the Philippines aim to balance the rights of Filipinos who acquire other nationalities with the country's national interests. While dual citizenship is allowed in certain circumstances, dual allegiance remains a matter of concern, particularly for those in public service or seeking government positions. The absence of specific penalties or mechanisms to address dual allegiance beyond renunciation requirements for public office highlights the ongoing challenges in navigating this complex issue.
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Dual citizens have full civil and political rights
The Philippines' 1987 Constitution states that dual allegiance is "inimical to the national interest" and should be "dealt with by law" (Article IV, Section 2 par (5)). However, it is important to distinguish between dual citizenship and dual allegiance. While dual citizenship may be acquired involuntarily through birth or circumstance, dual allegiance involves a conscious choice to serve two nations, presenting a potential conflict of interest, particularly for those in public service.
The Constitution does not automatically revoke Filipino citizenship for dual allegiance. Instead, it is left to legislation to address and penalise such acts. Dual citizens who reacquire or retain their Filipino citizenship through Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act of 2003) enjoy full civil and political rights, including the right to vote and hold public office, provided they renounce any foreign citizenship for specific government positions.
The legislative process of naturalisation is only applicable to applicants born and residing in the Philippines since birth. On the other hand, administrative naturalisation is available to those who have made significant contributions to the government or national patrimony. Filipino citizenship can also be acquired by recognition, where both parents are Filipino citizens at the time of the applicant's birth.
Dual citizens in the Philippines have the right to vote and participate in political processes. They can hold public office, but certain positions, such as President, Vice-President, and members of Congress, require the explicit renunciation of foreign citizenship. This ensures that individuals in these roles have undivided loyalty to the Philippines and do not face conflicts of interest.
In summary, while the 1987 Constitution expresses concern over dual allegiance, dual citizens in the Philippines are afforded full civil and political rights, provided they do not hold specific government positions that require single allegiance. The distinction between dual citizenship and dual allegiance is crucial, and the laws in place aim to balance the rights of dual citizens while maintaining national security and public interest.
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Natural-born Filipinos can reacquire citizenship and retain foreign citizenship
The 1987 Constitution of the Philippines states that dual allegiance of citizens is against national interests and shall be dealt with by law (Article IV, Section 2 par (5)). While the constitution seems to prohibit dual citizenship, the Republic Act 9225 (also known as the Citizenship Retention and Reacquisition Act of 2003) allows natural-born Filipino citizens to retain foreign citizenship in the following cases:
- Natural-born Filipino citizens who have lost their Filipino citizenship can reacquire it while retaining their existing foreign citizenship.
- Natural-born Filipino citizens who have dual citizenship can retain both Filipino citizenship and a foreign citizenship.
Natural-born Filipinos who have become naturalized citizens of another country can retain/reacquire their Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines before a Philippine Consular Officer. Upon retaining/reacquiring their citizenship, they shall enjoy full civil, economic, and political rights as Filipinos.
Natural-born Filipino citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. A person is considered a natural-born Filipino citizen if they meet one of the following criteria:
- Born starting January 17, 1973: One of your parents was a Filipino citizen when you were born.
- Born before January 17, 1973, and your parents were married: Your father was Filipino when you were born. If your father was not Filipino, you elected Philippine citizenship upon reaching the age of majority.
- Born before January 17, 1973, and your parents were not married: Your mother was a Filipino citizen when you were born.
- Born outside the Philippines on or after January 17, 1973: One of your parents was a Filipino citizen at the time of your birth.
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Frequently asked questions
The 1987 Constitution of the Philippines states that dual allegiance of citizens is against national interest and should be dealt with by law.
No, dual citizenship is permissible under Philippine law, as long as it arises involuntarily through birth or through the provisions of RA 9225.
RA 9225, also known as the Citizenship Retention and Reacquisition Act, allows natural-born Filipinos who have become naturalized citizens of a foreign country to retain or reacquire their Philippine citizenship.
No, dual allegiance involves a conscious choice to serve two states and is considered a national security issue, particularly for public officials. While dual citizenship is permissible, dual allegiance is prohibited by the Constitution.
