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Reacquisition of Citizenship - Denaturalization

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REACQUISITION OF CITIZENSHIP DENATURALIZATION

- CA 63 provides that citizenship lost may Person who becomes a filipino thru
be reacquired by naturalization by naturalization can be denaturalized
direct act of congress or repatriation. (Cancellation of Cert of Naturalization)on the ffl
- Naturalization applied for former PH grounds:
citizen who lost its citizenship under the
1. If it was obtained fraudulently or
aforesaid ways
illegally
- Congress by means of law
2. Withing 5 years upon issuance he
- Repatriation is accomplished by taking
returned to his native country and
necessary oat of allegiance to the PH
resided there. Provided, that his stay
and registering the same in the civil
there for one year shall be considered
registry and bureau of Immigration
prima facie evidence of his intention of
(available to women who lost their
taking up permanent residence.
citizenship through marriage or on
3. Made on an invalid declaration of
account of economic and political
intention
necessity, not disqualified by law and
4. Minor children of the naturalized
deserters of the AFP)
person fails to graduate from a school
ACQUISITION OF PH CITIZENSHIP BY ALIEN recognized by DECS through fault of the
WIFE MARRIED TO A FILIPINO parents either by neglecting to support
them or transferring them to a different
school
- Can acquire through Judicial Nat. (CA
Certified copy of the decree be
473)
forwarded to DILG and OSG
- Administrative Nat. ( RA 9139)
- Or Derivative Naturalization (available
5. If he allowed himself to be a dummy in
to alien wife with PH husband)
violation of the constitutional or legal
- (CA 473) alien women married to PH
provision req. PH citizenship as a req.
men may be deemed ipso facto PH
for the exercise, use or enjoyment of a
Citizens and not necessary to prove that
right, franchise or privilege.
they posses the qualification.

Procedure in BIR for alien women married:

- Alien wife must file a petition for the


cancellation of her alien certificate of Doctrine of Res Judicata
registration alleging that she is married
to a filipino citizen -It unavailable in citizenship, yet if the following
- Attached joint affidavit that they don’t condition are present, the doctrine of forecloses
belong to any group disqualified the opening of citizenship proceeding because
- BI then cinducts an investigation and res judicata will set in, namely
promulgate its decision granting or
- 1. A person’s citizenship must be raised as a
denying the petition
material issue in a controversy where said
person is a party
2. The solicitor general or his authorized
representative took active participation in the
resolution thereof

Dual Allegiance vs Dual Citizenship

A. Dual Allegiance (INTENTIONAL)

-Prohibited by law and inimical to the national


interest

- Philippine Citizens maintain allegiance to


his/her original country,

- There is false allegiance or pretend loyalty to


the Philippines

- Section 5 of Article IV is not self-executing


(Aajs vs, Datumanong)

B. Dual Citizenship (Generally


UNINTENTIONAL)

- Not prohibited by the Constitution


- Happens when the laws of both
countries confer upon him (Jus
Sanguinis in PH and Jus soli in US)
- Accidental by Birth or by marriage.

C. Limitation on Dual Citizenship

It is prohibited under some special cases. In RA


9225 it requires that a; those who are seeking
elective public offices in the Philipp

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