1

PRESIDENTIAL DECREE No. 725 June 5, 1975

PROVIDING FOR REPATRIATION OF FILIPINO WOMEN WHO HAD LOST THEIR
PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL BORN
FILIPINOS
WHEREAS, there are many Filipino women who had lost their Philippine Citizenship
by marriage to aliens;
WHEREAS, while the new constitution allows a Filipino woman who marries an alien
to retain her Philippine citizenship unless by her act or omission, she is deemed under
the law to have renounced her Philippine citizenship, such provision of the new
Constitution does not apply to Filipino women who had married aliens before said
Constitution took effect;
WHEREAS, the existing law (C.A. Nos. 63, as amended) allows the repatriation of
Filipino women who lost their citizenship by reason of their marriage to aliens only
after the death of their husbands or the termination of their marital status; and
WHEREAS, there are natural born Filipinos who have lost their Philippine citizenship
but now desire to re-acquire Philippine citizenship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers in me vested by the Constitution, do hereby decree and order
that: 1) Filipino women who lost their Philippine citizenship by marriage to aliens; and
(2) natural born Filipinos who have lost their Philippine citizenship may require
Philippine citizenship through repatriation by applying with the Special Committee on
Naturalization created by Letter of Instruction No. 270, and, if their applications are
approved, taking the necessary oath of allegiance to the Republic of the Philippines,
after which they shall be deemed to have reacquired Philippine citizenship. The
Commission on Immigration and Deportation shall thereupon cancel their certificate of
registration.

COMMONWEALTH ACT No. 625

AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT
PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE
MOTHER IS A FILIPINO CITIZEN
Be it enacted by the National Assembly of the Philippines:
Section 1. The option to elect Philippine citizenship in accordance with subsection (4),
section 1, Article IV, of the Constitution1 shall be expressed in a statement to be
signed and sworn to by the party concerned before any officer authorized to
administer oaths, and shall be filed with the nearest civil registry. The said party shall
accompany the aforesaid statement with the oath of allegiance to the Constitution and
the Government of the Philippines.
Section 2. If the party concerned is absent from the Philippines, he may make the
statement herein authorized before any officer of the Government of the United
States2 authorized to administer oaths, and he shall forward such statement together
with his oath of allegiance, to the Civil Registry of Manila.
Section 3. The civil registrar shall collect as filing fees of the statement, the amount of
ten pesos.
Section 4. The penalty of prision correccional, or a fine not exceeding ten thousand
pesos, or both, shall be imposed on anyone found guilty of fraud or falsehood in
making the statement herein prescribed.
Section 5. This Act shall take effect upon its approval.

The aforesaid Special Committee is hereby authorized to promulgate rules and

regulations and prescribe the appropriate forms and the required fees for the effective
implementation of this Decree.
This Decree shall take effect immediately.
Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen
hundred and seventy-five.

COMMONWEALTH ACT No. 473

AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY
NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE
HUNDRED AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTYEIGHT.

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Be it enacted by the National Assembly of the Philippines:
Section 1. Title of Act. This Act shall be known and may be cited as the "Revised
Naturalization Law."
Section 2. Qualifications. Subject to section four of this Act, any person having the
following qualifications may become a citizen of the Philippines by naturalization:

2.

Having established a new industry or introduced a useful invention in the

Philippines;

3.

Being married to a Filipino woman;

4.

Having been engaged as a teacher in the Philippines in a public or

recognized private school not established for the exclusive instruction of
children of persons of a particular nationality or race, in any of the branches
of education or industry for a period of not less than two years;

5.

Having been born in the Philippines.

First. He must be not less than twenty-one years of age on the day of the
hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of
not less than ten years;
Third. He must be of good moral character and believes in the principles
underlying the Philippine Constitution, and must have conducted himself in
a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted government
as well as with the community in which he is living.

Section 4. Who are disqualified. - The following cannot be naturalized as Philippine

citizens:
a.

Persons opposed to organized government or affiliated with any association

or group of persons who uphold and teach doctrines opposing all organized
governments;

b.

Persons defending or teaching the necessity or propriety of violence,

personal assault, or assassination for the success and predominance of
their ideas;

c.

Polygamists or believers in the practice of polygamy;

d.

Persons convicted of crimes involving moral turpitude;

e.

Persons suffering from mental alienation or incurable contagious diseases;

f.

Persons who, during the period of their residence in the Philippines, have
not mingled socially with the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and ideals of the
Filipinos;

g.

Citizens or subjects of nations with whom the United States 2and the
Philippines are at war, during the period of such war;

h.

Citizens or subjects of a foreign country other than the United States 3whose
laws do not grant Filipinos the right to become naturalized citizens or
subjects thereof.

Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative
trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of
the principal Philippine languages; and
Sixth. He must have enrolled his minor children of school age, in any of the
public schools or private schools recognized by the Office of Private
Education1 of the Philippines, where the Philippine history, government and
civics are taught or prescribed as part of the school curriculum, during the
entire period of the residence in the Philippines required of him prior to the
hearing of his petition for naturalization as Philippine citizen.
Section 3. Special qualifications. The ten years of continuous residence required
under the second condition of the last preceding section shall be understood as
reduced to five years for any petitioner having any of the following qualifications:
1.

Having honorably held office under the Government of the Philippines or

under that of any of the provinces, cities, municipalities, or political
subdivisions thereof;

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Section 5. Declaration of intention. One year prior to the filing of his petition for
admission to Philippine citizenship, the applicant for Philippine citizenship shall file
with the Bureau of Justice4 a declaration under oath that it is bona fide his intention to
become a citizen of the Philippines. Such declaration shall set forth name, age,
occupation, personal description, place of birth, last foreign residence and allegiance,
the date of arrival, the name of the vessel or aircraft, if any, in which he came to the
Philippines, and the place of residence in the Philippines at the time of making the
declaration. No declaration shall be valid until lawful entry for permanent residence
has been established and a certificate showing the date, place, and manner of his
arrival has been issued. The declarant must also state that he has enrolled his minor
children, if any, in any of the public schools or private schools recognized by the Office
of Private Education5 of the Philippines, where Philippine history, government, and
civics are taught or prescribed as part of the school curriculum, during the entire
period of the residence in the Philippines required of him prior to the hearing of his
petition for naturalization as Philippine citizen. Each declarant must furnish two
photographs of himself.
Section 6. Persons exempt from requirement to make a declaration of intention.
Persons born in the Philippines and have received their primary and
secondary education in public schools or those recognized by the Government
and not limited to any race or nationality, and those who have resided
continuously in the Philippines for a period of thirty years or more before filing
their application, may be naturalized without having to make a declaration of
intention upon complying with the other requirements of this Act. To such
requirements shall be added that which establishes that the applicant has given
primary and secondary education to all his children in the public schools or in
private schools recognized by the Government and not limited to any race or
nationality. The same shall be understood applicable with respect to the widow
and minor children of an alien who has declared his intention to become a citizen of
the Philippines, and dies before he is actually naturalized.6
Section 7. Petition for citizenship. Any person desiring to acquire Philippine
citizenship shall file with the competent court, a petition in triplicate, accompanied by
two photographs of the petitioner, setting forth his name and surname; his present and
former places of residence; his occupation; the place and date of his birth; whether
single or married and the father of children, the name, age, birthplace and residence
of the wife and of each of the children; the approximate date of his or her arrival in the
Philippines, the name of the port of debarkation, and, if he remembers it, the name of
the ship on which he came; a declaration that he has the qualifications required by this
Act, specifying the same, and that he is not disqualified for naturalization under the
provisions of this Act; that he has complied with the requirements of section five of this
Act; and that he will reside continuously in the Philippines from the date of the filing of
the petition up to the time of his admission to Philippine citizenship. The petition must

be signed by the applicant in his own handwriting and be supported by the affidavit of
at least two credible persons, stating that they are citizens of the Philippines and
personally know the petitioner to be a resident of the Philippines for the period of time
required by this Act and a person of good repute and morally irreproachable, and that
said petitioner has in their opinion all the qualifications necessary to become a citizen
of the Philippines and is not in any way disqualified under the provisions of this Act.
The petition shall also set forth the names and post-office addresses of such
witnesses as the petitioner may desire to introduce at the hearing of the case. The
certificate of arrival, and the declaration of intention must be made part of the petition.
Section 8. Competent court.The Court of First Instance of the province in which the
petitioner has resided at least one year immediately preceding the filing of the petition
shall have exclusive original jurisdiction to hear the petition.
Section 9. Notification and appearance.Immediately upon the filing of a petition, it
shall be the duty of the clerk of the court to publish the same at petitioner's expense,
once a week for three consecutive weeks, in the Official Gazette, and in one of the
newspapers of general circulation in the province where the petitioner resides, and to
have copies of said petition and a general notice of the hearing posted in a public and
conspicuous place in his office or in the building where said office is located, setting
forth in such notice the name, birthplace and residence of the petitioner, the date and
place of his arrival in the Philippines, the names of the witnesses whom the petitioner
proposes to introduce in support of his petition, and the date of the hearing of the
petition, which hearing shall not be held within ninety days from the date of the last
publication of the notice. The clerk shall, as soon as possible, forward copies of the
petition, the sentence, the naturalization certificate, and other pertinent data to the
Department of the Interior, 7 the Bureau of Justice,8 the Provincial Inspector9 of the
Philippine Constabulary of the province and the justice of the peace10 of the
municipality wherein the petitioner resides.
Section 10. Hearing of the petition.No petition shall be heard within the 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 Commonwealth11 of the Philippines at all the proceedings and at the
hearing. If, after the hearing, the court believes, in view of the evidence taken, that the
petitioner has all the qualifications required by, and none of the disqualifications
specified in this Act and has complied with all requisites herein established, it shall
order the proper naturalization certificate to be issued and the registration of the said
naturalization certificate in the proper civil registry as required in section ten of Act
Numbered Three thousand seven hundred and fifty-three.12
Section 11. Appeal.The final sentence may, at the instance of either of the parties,
be appealed to the Supreme Court.13

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Section 12. Issuance of the Certificate of Naturalization.If, after the lapse of thirty
days from and after the date on which the parties were notified of the Court, no appeal
has been filed, or if, upon appeal, the decision of the court has been confirmed by the
Supreme Court,14 and the said decision has become final, the clerk of the court which
heard the petition shall issue to the petitioner a naturalization certificate which shall,
among other things, state the following: The file number of the petition, the number of
the naturalization certificate, the signature of the person naturalized affixed in the
presence of the clerk of the court, the personal circumstances of the person
naturalized, the dates on which his declaration of intention and petition were filed, the
date of the decision granting the petition, and the name of the judge who rendered the
decision. A photograph of the petitioner with the dry seal affixed thereto of the court
which granted the petition, must be affixed to the certificate.
Before the naturalization certificate is issued, the petitioner shall, in open court, take
the following oath:
"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce
absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state
or sovereignty, and particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am
a subject or citizen; 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 Commonwealth15 of the Philippines; [and I hereby declare
that I recognize and accept the supreme authority of the United States of America in
the Philippines and will maintain true faith and allegiance thereto;16 and that I impose
this obligation upon myself voluntarily without mental reservation or purpose of
evasion.
"So help me God."
Section 13. Record books.The clerk of the court shall keep two books; one in which
the petition and declarations of intention shall be recorded in chronological order,
noting all proceedings thereof from the filing of the petition to the final issuance of the
naturalization certificate; and another, which shall be a record of naturalization
certificates each page of which shall have a duplicate which shall be duly attested by
the clerk of the court and delivered to the petitioner.

Section 15. Effect of the naturalization on wife and children.Any woman who is now
or may hereafter be married to a citizen of the Philippines, and who might herself be
lawfully naturalized shall be deemed a citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the
Philippines shall be considered citizens thereof.
A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization
of the parent, shall automatically become a Philippine citizen, and a foreign-born
minor child, who is not in the Philippines at the time the parent is naturalized, shall be
deemed a Philippine citizen only during his minority, unless he begins to reside
permanently in the Philippines when still a minor, in which case, he will continue to be
a Philippine citizen even after becoming of age.
A child born outside of the Philippines after the naturalization of his parent, shall be
considered a Philippine citizen, unless one year after reaching the age of majority, he
fails to register himself as a Philippine citizen at the
the fault of their parents either by neglecting to support them or by
transferring them to another school or schools. A certified copy of
the decree canceling the naturalization certificate shall be
forwarded by the clerk of the Court to the Department of the
Interior20 and the Bureau of Justice.21
(e) If it is shown that the naturalized citizen has allowed himself to
be used as a dummy in violation of the Constitutional or legal
provision requiring Philippine citizenship as a requisite for the
exercise, use or enjoyment of a right, franchise or privilege.

Section 14. Fees.The clerk of the Court of First Instance shall charge as fees for
recording a petition for naturalization and for the proceedings in connection therewith,
including the issuance of the certificate, the sum of thirty pesos.

Section 19. Penalties for violation of this Act.Any person who shall fraudulently
make, falsify, forge, change, alter, or cause or aid any person to do the same, or who
shall purposely aid and assist in falsely making, forging, falsifying, changing or altering
a naturalization certificate for the purpose of making use thereof, or in order that the
same may be used by another person or persons, and any person who shall
purposely aid and assist another in obtaining a naturalization certificate in violation of
the provisions of this Act, shall be punished by a fine of not more than five thousand
pesos or by imprisonment for not more than five years, or both, and in the case that
the person convicted is a naturalized citizen his certificate of naturalization and the
registration of the same in the proper civil registry shall be ordered cancelled.

The Clerk of the Supreme Court17 shall collect for each appeal and for the services
rendered by him in connection therewith, the sum of twenty-four pesos.

Section 20. Prescription.No person shall be prosecuted, charged, or punished for

an offense implying a violation of the provisions of this Act, unless the information or

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complaint is filed within five years from the detection or discovery of the commission of
said offense.

RA 9225 does not apply to dual citizens, i.e., those who have both
Philippine as well as foreign citizenship not acquired through naturalization.

Section 21. Regulation and blanks.The Secretary of Justice shall issue the
necessary regulations for the proper enforcement of this Act. Naturalization certificate
blanks and other blanks required for carrying out the provisions of this Act shall be
prepared and furnished by the Solicitor-General, subject to the approval of the
Secretary of Justice.

..Natural born citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a foreign country
are hereby deemed to have re-acquired Philippine citizenship upon taking
the oath of allegiance to the Republic. (Section 3, RA 9225)

Section 22. Repealing clause.Act Numbered Twenty-nine hundred and twentyseven as amended by Act Numbered Thirty-four hundred and forty-eight, entitled "The
Naturalization Law", is repealed: Provided, That nothing in this Act shall be construed
to affect any prosecution, suit, action, or proceedings brought, or any act, thing, or
matter, civil or criminal, done or existing before the taking effect of this Act, but as to all
such prosecutions, suits, actions, proceedings, acts, things, or matters, the laws, or
parts of laws repealed or amended by this Act are continued in force and effect.
Section 23. Date when this Act shall take effect.This Act shall take effect on its
approval.
CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2003
(R.A. 9225)
REQUIREMENTS AND PROCEDURES IN ACCORDANCE WITH
M.C. NO. AFF. 05-002 ISSUED BY THE PHILIPPINE BUREAU OF
IMMIGRATION

What is Republic Act No. 9225?

Republic Act No. 9225 otherwise known as the Citizenship Retention and
Reacquisition Act of 2003 declares that natural-born citizens of the
Philippines who become citizens of another country shall be deemed not to
have lost their Philippine citizenship.
Who are qualified to apply under the Citizenship Retention and
Reacquisition Act of 2003?
Only natural-born citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a foreign country
may retain/reacquire their Philippine citizenship under this Act.

How does one prove that he or she is a natural-born Filipino?

A former natural-born citizen, who was born in the Philippines, shall submit
the original of his or her birth certificate issued by the NSO.
A former natural-born citizen, who was born abroad, shall present a copy of
the Report of Birth issued by the Philippine Embassy or Consulate and, in
applicable cases, the original copy of the Birth Certificate by competent
foreign authorities.
Where do I apply for re-acquisition of Philippine citizenship if I am
in the Philippines?
A former natural-born Filipino citizen who is already in the Philippines and
registered in the Bureau of Immigration shall file a petition under oath to
the Commissioner of Immigration for the cancellation of the Alien
Certificate of Registration (ACR) and issuance of an Identification Certificate
(IC) as the case may be, under RA 9225.
A former natural-born citizen who is already in the Philippines but has not
registered with the BI within 60 days from date of arrival shall file a petition
under oath to the Commissioner of Immigration for the issuance of an IC
under RA 9225.
Where do I apply for re-acquisition of Philippine citizenship if I am
overseas?
A former natural-born citizen who is abroad but is a BI-registered alien shall
file a petition under oath to the nearest Philippine Embassy or Consulate for
evaluation. Thereafter, the Embassy or Consulate shall forward the entire
records to the Commissioner of Immigration for the cancellation of the ACR
and
issuance
of
an
IC
under
RA
9225.
A former natural-born citizen who is abroad and is not a BI-registered alien
shall file a petition under oath to the nearest Philippine Embassy or
Consulate for the issuance of an IC under RA 9225.

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Will my application for dual citizenship under R.A. 9225 affect my
U.S. citizenship?
Prospective applicants for dual citizenship under R.A. 9225 are advised to
visit
and
read
the
contents
of http://www.travel.state.gov/law/citizenship/citizenship_778.html,
the
website of the U.S. Department of State which contains information about
current U.S. government policy on dual nationality, or to seek legal advice
from a U.S. immigration lawyer.
COMMONWEALTH ACT No. 63
AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY
BE LOST OR REACQUIRED

(b) The said foreign country maintains armed forces on Philippine

territory with the consent of the Republic of the
Philippines: Provided, That the Filipino citizen concerned, at the
time of rendering said service, or acceptance of said commission,
and taking the oath of allegiance incident thereto, states that he
does so only in connection with his service to said foreign
country: And provided, finally, That any Filipino citizen who is
rendering service to, or is commissioned in, the armed forces of a
foreign country under any of the circumstances mentioned in
paragraph (a) or (b), shall not be permitted to participate nor vote
in any election of the Republic of the Philippines during the period
of his service to, or commission in, the armed forces of said
foreign country. Upon his discharge from the service of the said
foreign country, he shall be automatically entitled to the full
enjoyment of his civil and political rights as a Filipino citizen;

Be it enacted by the National Assembly of the Philippines:

(5) By cancellation of the of the certificates of naturalization;
Section 1. How citizenship may be lost. A Filipino citizen may lose his 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: Provided, however, That a Filipino may not divest himself of
Philippine citizenship in any manner while the Republic of the Philippines is
at war with any country;
(4) By rendering services to, or accepting commission in, the armed
forces of a foreign country: Provided,That the rendering of service to, or the
acceptance of such commission in, the armed forces of a foreign country,
and the taking of an oath of allegiance incident thereto, with the consent of
the Republic of the Philippines, shall not divest a Filipino of his Philippine
citizenship if either of the following circumstances is present:
(a) The Republic of the Philippines has a defensive and/or
offensive pact of alliance with the said foreign country; or

(6) By having been declared by competent authority, a deserter of the

Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of
the laws in force in her husband's country, she acquires his nationality.1
The provisions of this section notwithstanding, the acquisition of citizenship by a
natural born Filipino citizen from one of the Iberian and any friendly democratic IberoAmerican countries or from the United Kingdom shall not produce loss or forfeiture
of his Philippine citizenship if the law of that country grants the same privilege to its
citizens and such had been agreed upon by treaty between the Philippines and the
foreign country from which citizenship is acquired.2
Section. 2. How citizenship may be reacquired. Citizenship may be reacquired:
(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,3
(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;4 and

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(3) By direct act of the National Assembly.
Section 3. Procedure incident to reacquisition of Philippine citizenship. 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,

Section 1. 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

(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;

is not a:

(1) Person opposed to organized government or affiliated with any

(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.

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 associatEon for the predominance of their ideas;
(3) Person convictad of crimes involving moral turpitude; or
(4) Person suffering from mental alienation or incurablecontagious

Section 4. Repatriation shall be effected by merely taking the necessary oath of

allegiance to the Commonwealth6 of the Philippines and registration in the proper civil
registry.

diseases.

Sec. 2. Repatriation shall be effected by taking the necessary oath of

Section 5. The Secretary of Justice shall issue the necessary regulations 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.
Section 6. This Act shall take effect upon its approval.
Republic Act 8171
AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN
WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE
TO ALIENS AND OF NATURAL-BORN FILIPINOS.

allegiance to the Republic of the Philippines and registration in the proper

civil registry and in the Bureau or 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.

Sec. 3. All laws, decrees, orders, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 4. This Act shall take effect thirty (30) days after its publication in a
newspaper of general circulation.

Citizenship: Repatriation under Rule 8171.

The only persons entitled to repatriation under RA 8171 are the following:
a.
Filipino women who lost their Philippine citizenship by marriage to
aliens; and
b.
Natural-born Filipinos including their minor children who lost their
Philippine citizenship on account of political or economic necessity.
Petitioner theorizes that he could be repatriated under RA 8171 because he
is a child of a natural-born Filipino, and that he lost his Philippine citizenship
by derivative naturalization when he was still a minor.
Petitioner overlooks the fact that the privilege of repatriation under RA
8171 is available only to natural-born Filipinos who lost their citizenship on
account of political or economic necessity, and to the minor children of said
natural-born Filipinos. This means that if a parent who had renounced his
Philippine citizenship due to political or economic reasons later decides to
repatriate under RA 8171, his repatriation will also benefit his minor
children according to the law. This includes a situation where a former
Filipino subsequently had children while he was a naturalized citizen of a
foreign country. The repatriation of the former Filipino will allow him to
recover his natural-born citizenship and automatically vest Philippine
citizenship on his children of jus sanguinis or blood relationship; the
children acquire the citizenship of their parent(s) who are natural-born
Filipinos. To claim the benefit of RA 8171, however, the children must be
minor age at the time the petition for repatriation is filed by the parent.
This is so because a child does not have the legal capacity for all acts of
civil life much less the capacity to undertake a political act like the election
of citizenship. On their own, the minor children cannot apply for repatriation
or naturalization separately from their parents. (Tabasa vs. CA, et al., G.R.
No. 125793, August 29, 2006).
If a person, petitioner is not qualified to avail himself of repatriation under
RA 8171. However, he can possibly reacquire Philippine citizenship by
availing of the Citizenship Retention and Re-acquisition Act of 2003
(Republic Act No. 9225) by simply taking an oath of allegiance to the
Republic of the Philippines. (Tabasa vs. CA, et al., G.R. No. 125793, August
29, 2006).
Limited coverage of the law.

A reading in Section 1 of RA 8171 shows that the manifest intent of the

legislature to limit the benefit of repatriation only to natural-born Filipinos
who lost their Philippine citizenship on account of political or economic
necessity, in addition women who lost their Philippine citizenship by
marriage to aliens. The precursor of RA 8171, Presidential Decree No. 725
(P.D. 725), which was enacted on June 5, 1975 amending Commonwealth
Act No. 63, also gave to the same groups of former Filipinos the opportunity
to repatriate but without the limiting phrase, on account of political or
economic necessity in relation to natural-born Filipinos. By adding the said
phrase to RA 8171, the lawmakers clearly intended to limit the application
of the law only to political or economic migrants, aside from the Filipino
women who lost their citizenship by marriage to aliens. This intention is
more evident in the sponsorship speech of Rep. Andrea B. Domingo where
she stated that there are only four types of Filipinos who leave the country.
The first is what we call the economic refugees who go abroad to work
because there is no work to be found in the country. Then we have the
political refugees who leave the country for fear of their lives because
they are not in consonance with the prevailing policy of government. The
third type are those who have committed crimes and would like to escape
from the punishment of said crimes. Lastly, we have those Filipinos who
feel that they are not Filipinos, thereby seeking other citizenship elsewhere.
Of these four types of Filipinos, the first two have to leave the country not
of choice, but rather of sacrifice to look for a better life, as well as for a
safer abode for themselves and their families. It is for these two types of
Filipinos that this measure is being proposed for approval by this body.
Thus, the intent of the law is to exclude those Filipinos who have
abandoned their country for reasons other than political or economic
necessity. (Tabasa vs. CA, et al., G.R. No. 125793, August 2006).
Effect if foreign country cancels the passport of an alien.
If a foreign embassy cancels the passport of the alien, or does not reissue a
valid passport to him, the alien loses the privilege to remain in the country,
under the Immigration Act, Section 10 and 15 (Schonemann vs. Santiago,
et al., G.R. No. 81461, 30 May 1989). The automatic loss of the privilege
obviates deportation proceedings. In such instance, the Board of
Commissioners may issue summary judgment of deportation which shall be
immediately executory.
Right to vote of dual citizens.
There is no provision in the dual citizenship law R.A. 9225 requiring
duals to actually establish residence and physically stay in the Philippines
first before they can exercise their right to vote. On the contrary, R.A. 9225,
in implicit acknowledgment that duals are most likely non-residents,
grants under its Section 5(1) the same right of suffrage as that granted an
absentee voter under R.A. 9189. It cannot be overemphasized that R.A.
9189 aims, in essence, to enfranchise as much as possible all overseas

9
Filipinos who, save for the residency requirements exacted of an ordinary
citizen, are qualified to vote. Thus, it was ruled in Macalintal vs. COMELEC,
405 SCRA 614:
It is clear from these discussions of the Constitutional Commission that it
intended to enfranchise as much as possible all Filipino citizens abroad who
have not abandoned their domicile of origin. The Commission even
intended to extend to young Filipinos who reach voting age abroad whose
parents domicile of origin is in the Philippines, and consider them qualified
as voters for the first time.
It is in pursuance of that intention that the Commission provided for Section
2, Article V, immediately after the residency requirement of Section 1. By
the doctrine of necessary implication in statutory construction, ., the
strategic location of Section 2 indicates that the Constitutional Commission
provided for an exception to qualified Filipinos who are not in the
Philippines may be allowed to vote even though they do not satisfy the
residency requirement in Section 1, Article V of the Constitution.
That Section 2 of Article V of the Constitution is an exception to the
residency requirement found in Section 1 of the same Article was in fact the
subject of debate when Senate Bill No. 2104, which became R.A. No. 9189.
Considering the unison intent of the Constitution and RA 9189 and the
expansion of the scope of that law with the passage of RA 9225, the
irresistible conclusion is that duals may now exercise the right of suffrage
thru the absentee voting scheme and as overseas absentee voters. RA
9189 defines the terms adverted to in the following wise:
Absentee Voting refers to the process by which qualified citizens of the
Philippines abroad exercise their right to vote;
Overseas Absentee Voter refers to a citizen of the Philippines who is
qualified to register and vote under this Act, not otherwise disqualified by
law, who is abroad on the day of elections. (Loida Nicolas-Lewis, et al. vs.
COMELEC, G.R. 162759, August 4, 2006).
Rule cover the next generation of duals.
The expanded thrust of RA 9189 extends also to what might be tagged as
the next generation of duals. This may be deduced from the inclusion of
the provision on derivative citizenship in RA 9225 which reads:
Sec. 4. Derivative Citizenship. The unmarried child, whether legitimate,
illegitimate or adopted, below eighteen (18) years of age, of those who reacquire Philippine citizenship upon effectivity of this Act shall be deemed
citizens of the Philippines. (Loida Nicolas-Lewis, et al. vs. COMELEC, G.R.
No. 162759, August 4, 2006).

Q What is naturalization? Give the modes of becoming a citizen

by naturalization.
ANS: Naturalization signifies the act of formally adopting a foreigner into
the political body of a nation by clothing him or her with the privileges of a
citizen. Under current and existing laws, there are three ways by which an
alien may become a citizen by naturalization: (a) administrative
naturalization pursuant to R.A. No. 9139; (b) judicial naturalization pursuant
to C.A. No. 473, as amended; and (c) legislative naturalization in the form
of a law enacted by Congress bestowing Philippine citizenship to an alien.
(So v. Rep., G.R. No. 170603, January 29, 2007).
Q In a petition for naturalization, it was contended that the
qualifications of an applicant for naturalization should possess
those provided for in R.A. No. 9139 and not those set forth in C.A.
No. 473. Is the contention correct? Why?
ANS: No. The qualifications and disqualifications of an applicant for
naturalization by judicial act are set forth in Sections 2 and 4 of C.A. No.
473. On the other hand, Sections 3 and 4 of R.A. No. 9139 provide for the
qualifications and disqualifications of an applicant for naturalization by
administrative act. (So v. Rep., G.R. No. 170603, January 29, 2007).
Q State the rationale for the enactment of RA 9139 otherwise
known as Administrative Naturalization Law.
ANS: R.A. No. 9139 was enacted as a remedial measure intended to make
the process of acquiring Philippine citizenship less tedious, less technical
and more encouraging. It likewise addresses the concerns of degree holders
who, by reason of lack of citizenship requirement, cannot practice their
profession, thus promoting brain drain for the Philippines. (So v. Rep., G.R.
No. 170603, January 29, 2007).
Q Are the qualifications prescribed under Act No. 473
applicable to RA 9139? Explain.
ANS: No. First. C.A. No. 473 and R.A. No. 9139 are separate and distinct
laws the former covers all aliens regardless of class while the latter covers
native-born aliens who lived here in the Philippines all their lives, who never
saw any other country and all along thought that they were Filipinos; who
have demonstrated love and loyalty to the Philippines and affinity to the
customs and traditions. To reiterate, the intention of the legislature in
enacting R.A. No. 9139 was to make the process of acquiring Philippine
citizenship less tedious, less technical and more encouraging which is
administrative rather than judicial in nature. Thus, although the legislature
believes that there is a need to liberalize the naturalization law of the
Philippines, there is nothing from which it can be inferred that C.A. No. 473
was intended to be amended or repealed by R.A. No. 9139. What the
legislature had in mind was merely to prescribed another mode of acquiring
Philippine citizenship which may be availed of by native born aliens. The

10
only implication is that, a native born alien has the choice to apply for
judicial or administrative naturalization, subject to the prescribed
qualifications and disqualifications.
Second, if the qualifications prescribed in R.A. No. 9139 would be made
applicable even to judicial naturalization, the coverage of the law would be
broadened since it would then apply even to aliens who are not native born.
It must be stressed that R.A. No. 9139 applies only to aliens who were born
in the Philippines and have been residing here.
Third, applying the provisions of R.A. No. 9139 to judicial naturalization is
contrary to the intention of the legislature to liberalize the naturalization
procedure in the country. One of the qualifications set forth in R.A. No. 9139
is that the applicant was born in the Philippines and should have been
residing herein since birth. Thus, one who was born here but left the
country, though resided for more than ten (10) years from the filing of the
application is also disqualified. On the other hand, if we maintain the
distinct qualifications under each of the two laws, an alien who is not
qualified under R.A. No. 9139 may still be naturalized under C.A. No. 473.
Thus, absent a specific provision expressly amending C.A. No. 473, the law
stands and the qualifications and disqualifications set forth therein are
maintained. (So v. Rep., G.R. No. 170603, January 29, 2007).
Q State the basic requirement of witnesses in a naturalization
proceeding. Explain.
ANS: The witnesses presented should be competent to vouch for his good
moral character, and are themselves possessed of good moral character.
The character witnesses in naturalization proceedings stand as insurers of
the applicants conduct and character. Thus, they ought to testify on
specific facts and events justifying the inference that the applicant
possesses all the qualifications and none of the disqualifications provided
by law. (So v. Rep., G.R. No. 170603, January 29, 2007, citing Rep. v. Hong,
G.R. No. 168877, March 24, 2006, 485 SCRA 405).
Q State the duty of an applicant for naturalization before he can
be naturalized. Explain.
ANS: In naturalization proceedings, it is the burden of the applicant to
prove not only his own good moral character but also the good moral
character of his/her witnesses, who must be credible persons. Within the
purview of the naturalization law, a credible person is not only an
individual who has not been previously convicted of a crime; who is not a
police character and has no police record; who has not perjured in the past;
or whose affidavit or testimony is not credible. What must be credible is not
the declaration made but the person making it. This implies that such
person must have a good standing in the community; that he is known to
be honest and upright; that he is reputed to be trustworthy and reliable;
and that his word may be taken on its face value; as a good warranty of the

applicants worthiness. (So v. Rep., G.R. No. 170603, January 29, 2007).
Q In naturalization proceedings, may the State appeal the
decision even if it did not oppose the petition? Explain.
ANS: Yes. A naturalization proceeding is not a judicial adversary
proceeding, and the decision rendered therein does not constitute res
judicata. A certificate of naturalization may be cancelled if it is
subsequently discovered that the applicant obtained it by misleading the
court upon any material fact. Law and jurisprudence even authorize the
cancellation of a certificate of naturalization upon grounds or conditions
arising subsequent to the granting of the certificate. If the government can
challenge a final grant of citizenship, with more reason can it appeal the
decision of the RTC within the reglementary period despite its failure to
oppose the petition before the lower court. (So v. Rep., G.R. No. 170603,
January 29, 2007).
Note:
It must be stressed that admission to citizenship is one of the highest
privileges that the Republic of the Philippines can confer upon an alien. It is
a privilege that should not be conferred except upon persons fully qualified
for it, and upon strict compliance with the law.
Q Who has the burden to show that a person is entitled to be
naturalized? Explain.
ANS: It is well-settled rule that it is the bounded and inescapable duty of
anyone applying for naturalization to carry at all times the burden of
proving his right thereto, not only by complying with all the substantive and
procedural requirements and submitting proof thereof at the trial. (Tiu v.
Rep., 158 Phil. 1137 (1974); In Re: Petition for Admission as Citizen of the
Phils., Shewak A. Keswani, et al. v. Rep., G.R. No. 153986, June 8, 2007).

Republic Act No. 9189

AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE
VOTING
BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

11
Be it enacted by the Senate and House of Representatives of the

f.

Philippines in Congress assembled:

"Overseas Absentee Voter" refers to a citizen of the Philippines

who is qualified to register and vote under this Act, not otherwise
disqualified by law, who is abroad on the day of elections.

Section 1. Short Title. - This Act shall be known as "The Overseas

Absentee Voting Act of 2003."

Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not
otherwise disqualified by law, at least eighteen (18) years of age on the day

Sec. 2. Declaration of Policy. - It is the prime duty of the State to provide

of elections, may vote for president, vice-president, senators and party-list

a system of honest and orderly overseas absentee voting that upholds the

representatives.

secrecy and sanctity of the ballot. Towards this end, the State ensures
equal opportunity to all qualified citizens of the Philippines abroad in the
exercise of this fundamental right.

under this Act:

Sec. 3. Definition of Terms. - For purposes of this Act:

a.

a.

b.

"Commission" refers to the Commission on Elections;

c.

"Certified List of Overseas Absentee Voters" refers to the list

of registered overseas absentee voters whose applications to vote
in absentia have been approved by the Commission, said list to be
by

the

Committee

on

Absentee

Voting

of

the

Commission, on a country-by-country basis. This list shall be

approved by the Commission in an en banc resolution;
"Day of Election" refers to the actual date of elections in the
Philippines;
e.

"National

Registry

of

Absentee

Voters"

refers

to

the

consolidated list prepared, approved and maintained by the

Commission, of overseas absentee voters whose applications for
registration as absentee voters, including those registered voters
who have applied to be certified as absentee voters, have been
approved by the Election Registered Board;

Those who have expressly renounced their Philippine citizenship

and who have pledged allegiance to a foreign country;

b.

prepared

Those who have lost their Filipino citizenship in accordance with

Philippine laws;

"Absentee Voting" refers to the process by which qualified

citizens of the Philippines abroad exercise their right to vote;

d.

Sec. 5. Disqualifications. - The following shall be disqualified from voting

c.

Those who have committed and are convicted in a final judgment

by a court or tribunal of an offense punishable by imprisonment of
not less than one (1) year, including those who have committed
and been found guilty of Disloyalty as defined under Article 137 of
the Revised Penal Code, such disability not having been removed
by plenary pardon or amnesty; Provided, however, That any
person

disqualified

to

vote

under

this

subsection

shall

automatically acquire the right to vote upon expiration of five (5)

years after service of sentence; Provided, further, That the
Commission may take cognizance of final judgments issued by
foreign courts or tribunals only on the basis of reciprocity and
subject to the formalities and processes prescribed by the Rules of
Court on execution of judgments;

12

d.

An immigrant or a permanent resident who is recognized as such

consideration the time zones and the various periods and processes herein

in the host country, unless he/she executes, upon registration, an

provided for the proper implementation of this Act. The embassies,

affidavit prepared for the purpose by the Commission declaring

that he/she shall resume actual physical permanent residence in
the Philippines not later than three (3) years from approval of
his/her registration under this Act. Such affidavit shall also state

consulates and other foreign service establishments shall transmit within

(5) days from receipt the accomplished registration forms to the
Commission, after which the Commission shall coordinate with the Election
Officer of the city or municipality of the applicant's stated residence for
verification, hearing and annotation in the permanent list of voters.

that he/she has not applied for citizenship in another country.

e.

Failure to return shall be the cause for the removal of the name of

All applications for the May, 2004 elections shall be filed with the

the immigrant or permanent resident from the National Registry of

Commission not later than two hundred eighty (280) calendar days before

Absentee Voters and his/her permanent disqualification to vote

the day of elections. For succeeding elections, the Commission shall

in absentia.

provide for the period within which applications to register must be filed.

Any citizen of the Philippines abroad previously declared insane or

In the case of seafarers, the Commission shall provide a special mechanism

incompetent by competent authority in the Philippines or abroad,

for the time and manner of personal registration taking into consideration

as verified by the Philippine embassies, consulates or foreign

the nature of their work.

service

establishments

concerned,

unless

such

competent

authority subsequently certifies that such person is no longer

shall immediately set the application for hearing, the notice of which shall

insane or incompetent.

be posted in a conspicuous place in the premises of the city or municipal

Sec. 6. Personal Overseas Absentee Registration. - Registration as an

overseas absentee voter shall be done in person.

building of the applicant's stated residence for at least one (1) week before
the date of the hearing. The Election Officer shall immediately furnish a
copy of the application to the designated representatives of political parties

Qualified citizens of the Philippines abroad who failed to register under

Republic Act No. 8189, otherwise known as the "The Voters Registration Act
of 1996", may personally apply for registration

6.1. Upon receipt of the application for registration, the Election Officer

with

the Election

Registration Board of the city or municipality where they were domiciled

immediately prior to their departure from the Philippines, or with the
representative of the Commission at the Philippine embassies, consulates
and other foreign service establishments that have jurisdiction over the
locality where they temporarily reside. Subject to the specific guidelines
herein provided, the Commission is hereby authorized to prescribe
additional procedures for overseas absentee registration pursuant to the
provisions of Republic Act No. 8189, whenever applicable, taking into strict

and other accredited groups.

6.2. If no verified objection to the application is filed, the Election
Officer

shall

immediately

forward

the

application

to

the

Election

Registration Board, which shall decide on the application within one (1)
week from the date of hearing without waiting for the quarterly meeting of
the Board. The applicant shall be notified of the approval or disapproval of
his/her application by registered mail.
6.3. In the event that an objection to the application is filed prior to or
on the date of hearing, the Election Officer shall notify the applicant of said

13
objection by registered mail, enclosing therein copies of affidavits or

Commission shall optimize the use of existing facilities, personnel and

documents submitted in support of the objection filed with the said Election

mechanisms of the various government agencies for purposes of data

Officer, if any. The applicant shall have the right to file his counter-affidavit

gathering, data validation, information dissemination and facilitation of the

by registered mail, clearly stating therein facts and defenses sworn before

registration process.

any officer in the host country authorized to administer oaths.

Pre-departure
6.4. The application shall be approved or disapproved based on the

programs,

services

and

mechanisms

offered

and

administered by the Department of Foreign Affairs, Department of Labor

merits of the objection, counter-affidavit and documents submitted by the

and

Employment,

party objecting and those of the applicant.

Overseas

Workers'

Philippine
Welfare

Overseas

Employment

Administration,

Administration,

Commission

on

Filipinos

Overseas and other appropriate agencies of the government shall be

6.6. If the application has been approved, any interested party may file
a petition for exclusion not later than two hundred ten (210) days before

utilized for purposes of supporting the overseas absentee registration and

voting processes, subject to limitations imposed by law.

the day of elections with the proper municipal or metropolitan trial court.
The petition shall be decided within fifteen (15) days after its filing on the

Sec. 8. Requirements for Registration. - Every Filipino registrant shall

basis of the documents submitted in connection therewith. Should the court

be required to furnish the following documents:

fail to render a decision within the prescribed period, the ruling of the
Election Registration Board shall be considered affirmed.

a.

A valid Philippine passport. In the absence of a valid passport, a

certification of the Department of Foreign Affairs that it has

6.7. If the application has been disapproved, the applicant or his

reviewed the appropriate documents submitted by the applicant

authorized representative shall, within a period of five (5) days from receipt

and found them sufficient to warrant the issuance of a passport, or

of the notice of disapproval, have the right to file a petition for inclusion

that the applicant is a holder of a valid passport but is unable to

with the proper municipal or metropolitan trial court. The petition shall be

produce the same for a valid reason;

decided within five (5) days after its filing on the basis of documents
submitted in connection therewith.
Qualified citizens of the Philippines abroad, who have previously registered
as voters pursuant to Republic Act No. 8189 shall apply for certification as

b.

Accomplished registration form prescribed by the Commission

containing the following mandatory information:
i.

absentee voters and for inclusion in the National Registry of Overseas

Last known residence of the applicant in the Philippines

before leaving for abroad;

Absentee Voters, with a corresponding annotation in the Certified Voters'

List.

ii.

Address of applicant abroad, or forwarding address in the

case of seafarers;

Sec. 7. System of Continuing Registration. - The Commission shall

ensure that the benefits of the system of continuing registration are
extended to qualified overseas absentee voters. Towards this end, the

14

iii.

Where voting by mail is allowed, the applicant's mailing

9.1. When the overseas absentee voter files a letter under oath

address outside the Philippines where the ballot for

addressed to the Commission that he/she wishes to be removed from the

absentee voters will be sent, in proper cases; and;

iv.

Name

and

address

of

applicant's

Registry of Overseas Absentee Voters, or that his/her name be transferred

to the regular registry of voters; or,

authorized
9.2. When an overseas absentee voter's name was ordered removed

representative in the Philippines for purposes of Section

6.7 and Section 12 hereof.

by the Commission from the Registry of Overseas Absentee Voters for

his/her failure to exercise his/her right to vote under this Act for two (2)

c.

In the case of immigrants and permanent residents not otherwise

consecutive national elections.

disqualified to vote under this Act, an affidavit declaring the

intention to resume actual physical permanent residence in the

>Sec. 10. Notice of Registration and Election. - The Commission

Philippines not later than three (3) years after approval of his/her

shall, through the embassies, consulates and other foreign service

registration as an overseas absentee voter under this Act. Such

establishments, cause the publication in a newspaper of general

affidavit shall also state that he/she has not applied for citizenship
in another country.
The Commission may also require additional data to facilitate registration
and recording. No information other than those necessary to establish the
identity and qualification of the applicant shall be required.
Sec. 9. National Registry of Overseas Absentee Voters. - The
Commission shall maintain a National Registry of Overseas Absentee
Voters. Approved applications of overseas absentee registrants shall also
be included in the permanent list of voters of the city or municipality where
the registrant is domiciled, with the corresponding annotation that such
person has been registered or will be voting as an overseas absentee voter.
The registry shall also include those registered under Republic Act No. 8189
and who have been issued certifications as overseas absentee voters. The
entries in the National Registry of Overseas Absentee Voters and the
annotations as overseas absentee voters in the Certified Voters' List shall
be permanent, and cannot be cancelled or amended except in any of the
following cases:

circulation of the place, date and time of the holding of a regular

or

special

national

election

and

the

requirements

for

the

participation of qualified citizens of the Philippines abroad, at least

six (6) months before the date set for the filing of applications for
registration.
The Commission shall determine the countries where publication shall be
made, and the frequency thereof, taking into consideration the number of
overseas Filipinos present in such countries. Likewise, the Commission and
the Department of Foreign Affairs shall post the same in their respective
websites.
Sec. 11. Procedure for Application to Vote in Absentia. 11.1. Every qualified citizen of the Philippines abroad whose
application for registration has been approved, including those previously
registered under Republic Act No. 8189, shall, in every national election, file
with the officer of the embassy, consulate or other foreign service
establishment authorized by the Commission, a sworn written application to
vote in a form prescribed by the Commission. The authorized officer of such
embassy, consulate or other foreign service establishment shall transmit to

15
the Commission the said application to vote within five (5) days from

establishments, which shall post the same in their bulletin boards within

receipt thereof. The application form shall be accomplished in triplicate and

ten (10) days from receipt thereof.

submitted together with the photocopy of his/her overseas absentee voter

certificate of registration.

Subject to reasonable regulation and the payment of fees in such amounts

as may be fixed by the Commission, the candidates, political parties,

11.2. Every application to vote in absentia may be done personally at,

or by mail to, the embassy, consulate or foreign service establishment,

accredited citizens' arms, interested persons and all embassies, consulates

and other foreign service establishments shall be furnished copies thereof.

which has jurisdiction over the country where he/she has indicated his/her
address for purposes of the elections.

Sec. 14. Printing and Transmittal of Ballots, Voting Instructions,

Election Forms and Paraphernalia. -

11.3. Consular and diplomatic services rendered in connection with the

overseas absentee voting processes shall be made available at no cost to
the overseas absentee voter.

14.1. The Commission shall cause the printing of ballots for overseas
absentee voters, voting instructions, and election forms in such number as
may be necessary, but in no case shall it exceed the total number of

Sec. 12. Verification and Approval of Application to Vote. - All

approved applications. Security markings shall be used in the printing of

applications shall be acted upon by the Commission upon receipt thereof,

ballots for overseas absentee voters.

but in no case later than one hundred fifty (150) days before the day of
elections. In the event of disapproval of the application, the voter or his

14.2. The Commission shall present to the authorized representatives

authorized representative may file a Motion for Reconsideration with the

of the Department of Foreign Affairs and the accredited major political

Commission personally, or by registered mail, within ten (10) days from

parties the ballots for overseas absentee voters, voting instructions,

receipt of the notice of disapproval. The Commission shall act within five (5)

election forms and other election paraphernalia for scrutiny and inspection

days from receipt of such Motion for Reconsideration and shall immediately

prior to their transmittal to the embassies, consulates and other foreign

notify the voter of its decision. The decision of the Commission shall be final

service establishments concerned.

and executory.
14.3. The Commission shall, not later than seventy-five (75) days
The Commission shall issue an overseas absentee voter identification card

before the day of elections, transmit by special pouch to the embassies,

to those whose applications to vote have been approved.

consulates and other foreign service establishments, the exact number of

ballots for overseas absentee voters corresponding to the number of

Sec. 13. Preparation and Posting of Certified List of Overseas

approved

Absentee Voters. - The Commission shall prepare the Certified List of

paraphernalia necessary to ensure the secrecy and integrity of the election.

applications,

along

with

such

materials

and

election

Overseas Absentee Voters within one hundred twenty (120) days before
every election, and furnish within the same period copies thereof to the
appropriate

embassies,

consulates

and

other

foreign

service

14.4. The authorized representatives of accredited major political

parties shall have the right to be present in all phases of printing,
transmittal, and casting of ballots abroad. Unclaimed ballots properly

16
marked as such, shall be cancelled and shipped to the Commission by the
least costly method.

16.4. All accomplished ballots received shall be placed unopened inside

sealed containers and kept in a secure place designated by the
Commission.
16.5. The

embassies,

consulates

and

other

foreign

service

Sec. 15. Regulation on Campaigning Abroad. - The use of campaign

establishments concerned shall keep a complete record of the ballots for

materials, as well as the limits on campaign spending shall be governed by

overseas absentee voters, specifically indicating the number of ballots they

the laws and regulations applicable in the Philippines.

actually received, and in cases where voting by mail is allowed under

Section 17 hereof, the names and addresses of the voters to whom these

Sec. 16. Casting and Submission of Ballots. -

ballots were sent, including proof of receipt thereof. In addition, the

embassies, consulates and other foreign service establishments shall

16.1. Upon receipt by the designated officer of the embassy, consulate

submit a formal report to the Commission and the Joint Congressional

and other foreign service establishments of the ballots for overseas

Oversight Committee created under this Act within thirty (30) days from the

absentee

other

day of elections. Such report shall contain data on the number of ballots

paraphernalia, he/she shall make them available on the premises to the

cast and received by the offices, the number of invalid and unclaimed

qualified overseas absentee voters in their respective jurisdictions during

ballots and other pertinent data.

voters,

voting

instructions,

election

forms

and

the thirty (30) days before the day of elections when overseas absentee
voters may cast their vote. Immediately upon receiving it, the overseas

16.6. The overseas absentee voter shall be instructed that his/her

absentee voter must fill-out his/her ballot personally, in secret, without

ballot shall not be counted if it is not inside the special envelope furnished

leaving the premises of the embassies, consulates and other foreign service

him/her when it is cast.

establishments concerned.
16.7. Ballots not claimed by the overseas absentee voters at the
16.2. The overseas absentee voter shall personally accomplish his/her

embassies, consulates and other foreign service establishments, in case of

ballot at the embassy, consulate or other foreign service establishment that

personal voting, and ballots returned to the embassies, consulates and

has jurisdiction over the country where he/she temporarily resides or at any

other foreign service establishments concerned, in the case of voting by

polling place designated and accredited by the Commission.

mail, shall be cancelled and shipped to the Commission by the least costly
method within six (6) months from the day of elections.

16.3. The overseas absentee voter shall cast his ballot, upon
presentation of the absentee voter identification card issued by the

16.8. Only ballots cast, and mailed ballots received by the Philippine

Commission, within thirty (30) days before the day of elections. In the case

embassies, consulates and other foreign service establishments concerned

of seafarers, they shall cast their ballots anytime within sixty (60) days

in accordance with Section 17 hereof before the close of voting on the day

before the day of elections as prescribed in the Implementing Rules and

of elections shall be counted in accordance with Section 18 hereof. All

Guidelines.

envelopes containing the ballots received by the embassies, consulates and

other foreign service establishments after the prescribed period shall not be

17
opened, and shall be cancelled and shipped to the Commission by the least
costly method within six (6) months from the day of elections.

c.

Where the system of reception and custody of mailed ballots in the

embassies, consulates and other foreign service establishments
concerned are adequate and well-secured.

16.9. A Special Ballot Reception and Custody Group composed of three

(3) members shall be constituted by the Commission from among the staff
of the embassies, consulates and other foreign service establishments
concerned, including their attached agencies, and citizens of the Philippines
abroad, who will be deputized to receive ballots and take custody of the
same preparatory to their transmittal to the Special Boards of Election
Inspectors.
16.10. During this phase of the election process, the authorized
representatives of the political parties, candidates, and accredited citizens'
arms of the Commission shall be notified in writing thereof and shall have
the right to witness the proceedings.
16.11. The Commission shall study the use of electronic mail, Internet,
or other secured networks in the casting of votes, and submit a report
thereon to the Joint Congressional Oversight Committee.

Thereafter, voting by mail in any country shall be allowed only upon

review and approval of the Joint Congressional Oversight Committee.
17.2. The overseas absentee voters shall send his/her accomplished
ballot to the corresponding embassy, consular or other foreign service
establishment that has jurisdiction over the country where he/she
temporarily resides. He/She shall be entitled to cast his/her ballot at any
time upon his/her receipt thereof, provided that the same Is received before
the close of voting on the day of elections. The overseas absentee voter
shall be instructed that his/her ballot shall not be counted if not transmitted
in the special envelope furnished him/her.
17.3. Only mailed ballots received by the Philippine embassy,
consulate and other foreign service establishments before the close of
voting on the day of elections shall be counted in accordance with Section
18 hereof. All envelopes containing the ballots received by the embassies,

Sec. 17. Voting by Mail. -

consulates and other foreign service establishments after the prescribed

period shall not be opened, and shall be cancelled and disposed of

17.1. For the May, 2004 elections, the Commission shall authorize voting

appropriately, with a corresponding report thereon submitted to the

by mail in not more than three (3) countries, subject to the approval of the

Commission not later than thirty (30) days from the day of elections.

Congressional Oversight Committee. Voting by mail may be allowed in

countries that satisfy the following conditions:
a.

Where the mailing system is fairly well-developed and secure to

prevent the occasion of fraud;

b.

Where there exists a technically established identification system

that would preclude multiple or proxy voting; and,

Sec. 18. On-Site Counting and Canvassing. 18.1. The counting and canvassing of votes shall be conducted on site
in the country where the votes were actually cast. The opening of the
specially-marked envelopes containing the ballots and the counting and
canvassing of votes shall be conducted within the premises of the
embassies, consulates and other foreign service establishments or in such
other places as may be designated by the Commission pursuant to the
Implementing Rules and Regulations. The Commission shall ensure that the

18
start of counting in all polling places abroad shall be synchronized with the

election returns submitted to it by the Special Boards of Election Inspectors.

start of counting in the Philippines.

Immediately upon the completion of the canvass, the chairman of the

Special Board of Canvassers shall transmit via facsimile, electronic mail, or

18.2. For these purposes, the Commission shall constitute as many

any other means of transmission equally safe and reliable the Certificates

Special Boards of Election Inspectors as may be necessary to conduct and

of Canvass and the Statements of Votes to the Commission, and shall cause

supervise the counting of votes as provided in Section 18.2 hereof. The

to preserve the same immediately after the conclusion of the canvass, and

Special Boards of Election Inspectors to be constituted herein shall be

make it available upon instructions of the Commission. The Special Board of

composed of a Chairman and two (2) members, one (1) of whom shall be

Canvassers shall also furnish the accredited major political parties and

designated as poll clerk. The ambassador or consul-general, or any career

accredited citizens' arms with copies thereof via facsimile, electronic mail

public officer posted abroad designated by the Commission, as the case

and any other means of transmission equally safe, secure and reliable.

may be, shall act as the chairman; in the absence of other government
officers, the two (2) other members shall be citizens of the Philippines who

The Certificates of Canvass and the accompanying Statements of Votes

are qualified to vote under this act and deputized by the Commission not

as transmitted via facsimile, electronic mail and any other means of

later than sixty (60) days before the day of elections. All resolutions of the

transmission equally safe, secure and reliable shall be the primary basis for

Special Board of Election Inspectors on issues brought before it during the

the national canvass.

conduct of its proceedings shall be valid only when they carry the approval
of the chairman.

18.5. The canvass of votes shall not cause the delay of the
proclamation of a winning candidate if the outcome of the election will not

Immediately upon the completion of the counting, the Special Boards of

be affected by the results thereof. Notwithstanding the foregoing, the

Election Inspectors shall transmit via facsimile and/or electronic mail the

Commission is empowered to order the proclamation of winning candidates

results to the Commission in Manila and the accredited major political

despite the fact that the scheduled election has not taken place in a

parties.

particular country or countries, if the holding of elections therein has been

rendered impossible by events, factors and circumstances peculiar to such

18.3. Only ballots cast on, or received by the embassies, consulates

and other foreign service establishments before the close of voting on the

country or countries, and which events, factors and circumstances are

beyond the control or influence of the Commission.

day of elections shall be included in the counting of votes. Those received

afterwards shall not be counted.

18.6. In the preparation of the final tally of votes on the results of the
national elections, the Commission shall ensure that the votes canvassed

18.4. A Special Board of Canvassers composed of a lawyer preferably

by each and every country shall be reflected as a separate item from the

of the Commission as chairman, a senior career officer from any of the

tally of national votes. For purposes of this Act, the returns of every election

government agencies maintaining a post abroad and, in the absence of

for president and vice-president prepared by the Special Board of

another government officer, a citizen of the Philippines qualified to vote

Canvassers shall be deemed a certificate of canvass of a city or province.

under this Act deputized by the Commission, as vice-chairman and

member-secretary, respectively, shall be constituted to canvass the

19
18.7. Where feasible, the counting and canvassing of votes shall be

if any such deputized organization/association is discovered to have a

automated. Towards this end, the Commission is hereby authorized to

member who is not a qualified overseas absentee voter as herein defined,

borrow, rent, lease or acquire automated voting machines for purposes of

such deputized organization/association shall be banned from participating

canvassing and counting of votes pursuant to the provisions of this Act, and

in any manner, and at any stage, in the Philippine political process abroad.

in accordance with the Implementing Rules and Regulations promulgated

by the Commission.

Such information campaign shall educate the Filipino public, within and
outside the Philippines, on the rights of overseas absentee voters, absentee

Sec. 19. Authority of the Commission to Promulgate Rules. - The

voting processes and other related concerns. Information materials shall be

Commission shall issue the necessary rules and regulations to effectively

developed by the Commission for distribution, through the said government

implement the provisions of this Act within sixty (60) days from the

agencies and private organizations. No government agency or accredited

effectivity of this Act. The Implementing Rules and Regulations shall be

private organizations shall prepare, print, distribute or post in websites any

submitted to the Joint Congressional Oversight Committee created by virtue

information material without the prior approval of the Commission.

of this Act for prior approval.

Sec. 21. Access to Official Records and Documents. - Subject to the
In the formulation of the rules and regulations, the Commission shall

pertinent provisions of this Act, any person shall have the right to access

coordinate with the Department of Foreign Affairs, Department of Labor and

and/or copy at his expense all registration records, voters lists and other

Employment,

official records and documents, subject to reasonable regulations as may

Philippine

Overseas

and

Employment

Administration,

Overseas Workers' Welfare Administration and the Commission on Filipinos

Overseas.

Non-government

organizations

and

accredited

be imposed by the Commission.

Filipino

organizations or associations abroad shall be consulted.

Sec. 22. Assistance from Government Agencies. - All government

officers, particularly from the Department of Foreign Affairs, Department of

Sec. 20. Information Campaign. - The Commission, in coordination with

Labor

agencies concerned, shall undertake an information campaign to educate

Communications,

the public on the manner of absentee voting for qualified overseas

Employment Administration, Overseas Workers' Welfare Administration,

absentee voters. It may require the support and assistance of the

Commission on Filipinos Overseas and other government offices concerned

Department of Foreign Affairs, through the embassies, consulates and other

with the welfare of the Filipinos overseas shall, to the extent compatible

foreign service establishments, Department of Labor and employment,

with their primary responsibilities, assist the Commission in carrying out the

Department of Transportation and Communications, Philippine Postal

provisions of this Act. All such agencies or officers thereof shall take

Corporation, Philippine Overseas Employment Administration, Overseas

reasonable measures to expedite all election

Workers' Welfare Administration and the Commission on Filipinos Overseas.

Commission shall require of them. When necessary, the Commission may

The Commission may deputize Filipino organizations/associations overseas

send supervisory teams headed by career officers to assist the embassies,

for

consulates and other foreign service establishment concerned.

the

same

purpose:

Provided,

That

any

such

deputized

organization/association shall be prohibited from participating in the

elections by campaigning for or fielding candidates; Provided, further, That

and

Employment,
Philippine

Department
Postal

of

Corporation,

Transportation
Philippine

and

Overseas

activities, which the

20
Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity

24.3. For any person to tamper with the ballot, the mail containing the

of Ballots. - At all stages of the electoral process, the Commission shall

ballots for overseas absentee voters, the election returns, including the

ensure that the secrecy and integrity of the ballots are preserved. The

destruction, mutilation and manipulation thereof;

Committee on Absentee Voting of the Commission shall be responsible for

ensuring the secrecy and sanctity of the absentee voting process. In the

24.4. For any person to steal, destroy, conceal, mutilate or alter any

interest of transparency, all necessary and practicable measures shall be

record, document or paper as required for purposes of this Act;

adopted to allow representation of the candidates, accredited major

political

non-government

24.5. For any deputized agent to refuse without justifiable ground, to serve

organizations to assist, and intervene in appropriate cases, in all stages of

parties,

accredited

citizens'

arms

and

or continue serving, or to comply with his/her sworn duties after

the electoral exercise and to prevent any and all forms of fraud and

acceptance of his/her appointment;

coercion.
24.6. For any public officer or employee who shall cause the preparation,
No officer or member of the foreign service corps, including those

printing, distribution of information material, or post the same in websites

belonging to attached agencies shall be transferred, promoted, extended,

without the prior approval of the Commission

recalled or otherwise moved from his current post or position one (1) year
before and three (3) months after the day of elections, except upon the

24.7. For any public officer or employee to cause the transfer, promotion,

approval of the Commission.

extension, recall of any member of the foreign service corps, including

Sec. 24. Prohibited Acts. - In

addition to the prohibited acts provided by law, it shall be unlawful:

members of the attached agencies, or otherwise cause the movement of

any such member from his current post or position one (1) year before and

24.1. For any officer or employee of the Philippine government to influence

three (3) months after the day of elections, without securing the prior

or attempt to influence any person covered by this Act to vote, or not to

approval of the Commission;

vote, for a particular candidate. Nothing in this Act shall be deemed to

prohibit free discussion regarding politics or candidates for public office.

24.8. For any person who, after being deputized by the Commission to
undertake activities in connection with the implementation of this Act, shall

24.2. For any person to deprive any person of any right secured in this Act,

campaign for or assist, in whatever manner, candidates in the elections;

or to give false information as to his/her name, address, or period of

residence for the purposes of establishing his/her eligibility or ineligibility to

24.9. For any person who is not a citizen of the Philippines to participate,

register or vote under this Act; or to conspire with another person for the

by

purpose of encouraging the giving of false information in order to establish

organizations/associations, in any manner and at any stage of the

the eligibility or ineligibility of any individual to register or vote under this

Philippine political process abroad, including participation in the campaign

Act; or, to pay, or offer to pay, or to accept payment either for application

and elections.

to vote in absentia or for voting;

word

or

deed,

directly

or

indirectly

through

qualified

21
The provision of existing laws to the contrary notwithstanding, and with due

The Joint Congressional Oversight Committee shall have the power to

regard to the Principle of Double Criminality, the prohibited acts described

monitor and evaluate the implementation of this Act. It shall review, revise,

in this section are electoral offenses and punishable in the Philippines.

amend and approve the Implementing Rules and Regulations promulgated

by the Commission.

The penalties imposed under Section 264 of the Omnibus Election Code, as
amended, shall be imposed on any person found guilty of committing any

Sec.

26. Applicability

of

Other

Election

Laws. -

The

pertinent

of the prohibited acts as defined in this section: Provided, That the penalty

provisions of the Omnibus Election Code, as amended, and other election

of prision mayor in its minimum period shall be imposed upon any person

laws, which are not in conflict with the provisions of this Act shall remain in

found guilty of Section 24.3 hereof without the benefit of the operation of

full force and shall have suppletory application to this Act.

the Indeterminate Sentence Law. If the offender is a public officer or a

candidate, the penalty shall be prision mayor in its maximum period. In

Sec. 27. Enforcement and Administration by the Commission. - The

addition, the offender shall be sentenced to suffer perpetual disqualification

Commission shall, for the purpose of ensuring honest, orderly, peaceful and

to hold public office and deprivation of the right to vote.

free

elections

abroad,

have

exclusive

charge

of

the

enforcement,

administration and implementation of this Act.

Immigrants and permanent residents who do not resume residence in the
Philippines as stipulated in their affidavit under Section 5(d) within three (3)

Sec. 28. Mandatory Review. - Congress shall complete a mandatory

years after approval of his/her registration under this Act and yet vote in

review of this Act within two (2) years following the May, 2004 elections for

the next elections contrary to the said section, shall be penalized by

the purpose of amending it to expand or restrict its coverage, scope and

imprisonment of not less than one (1) year, and shall be deemed

application, as well as improve its procedures and institute measures and

disqualified as provided in Section 5(c) of this Act. His/her passport shall be

safeguards, taking into account the experience of the previous election,

stamped "not allowed to vote".

technological advances and structural political changes.

Sec.

Joint

Sec. 29. Appropriations. - The amount necessary to carry out the

Congressional Oversight Committee is hereby created, composed of the

25. Joint

Congressional

Oversight

Committee. -

provisions of this Act shall be provided in a supplemental budget or

Chairman of the Senate Committee on Constitutional Amendments,

included in the General Appropriations Act of the year of its enactment into

Revision of Codes and Laws, and seven (7) other Senators designated by

law. Thereafter, the expenses for its continued implementation shall be

the Senate President, and the Chairman of the House Committee on

included in the subsequent General Appropriations Act.

Suffrage and Electoral Reforms, and seven (7) other Members of the House
of

Representatives

designated

by

the

Speaker

of

the

House

of

Sec. 30. Separability Clause. - If any part or provision of this Act shall be

Representatives: Provided, That, of the seven (7) members to be

declared unconstitutional or invalid, other provisions hereof which are not

designated by each House of Congress, four (4) should come from the

affected thereby shall continue to be in full force and effect.

majority and the remaining three (3) from the minority.

Sec. 31. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations, other issuances, and parts thereof, which are

22
inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.
Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days following
its publication in three (3) newspapers of general circulation.

In the landmark case of Nicolas-Lewis vs. Comelec, dual citizens were refused by
the COMELEC to register and vote in the 2004 Philippine elections, the Supreme
Court ruled in 2006 that there is no provision in the dual citizenship law Republic
Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of
2003 requiring duals to actually establish residence and physically stay in the
Philippines first before they can exercise their right to vote.

Overseas Voting Act 2013

The ruling established a precedent that dual citizens can register and vote without
establishing residence in the Philippines. A provision in the amended law is inserted

MANILA, Philippines- Two weeks after the May 2013 elections, last Monday, May 27,

to emphasize that dual citizens who reacquired or retained their Philippine

President Benigno Aquino III signed the Overseas Voting Act of 2013 into law,

citizenship under R.A. 9225 can exercise their right of suffrage.

amending Overseas Absentee Voting Act of 2003.

Resident Election Registration Board (RERB) and the Use of Technology
No more affidavit binding Filipinos to return in 3 years
The amended law mandates the creation of the RERB. The specific provision is a
Under the Overseas Absentee Voting Act of 2003, an immigrant or a permanent

new insertion institutionalizing the overseas voting system by creating an office

resident upon registration must execute an affidavit prepared by the Commission on

within the COMELEC exclusively for overseas voting.

Elections (COMELEC) declaring that he or she "shall resume actual physical

permanent residence" in the Philippines not later than three years from approval of

The amendments also empowers the COMELEC to attain the most effective and

his or her registration.

innovative way using advance technology in enfranchising Filipinos overseas without

compromising the secrecy and sanctity of the electoral process.

With the passage of Republic Act 10590 amending Republic Act 9189, Filipino
immigrants abroad will no longer need to execute an affidavit stating that they will

Low Overseas voters turnout

return to the Philippines within three years before they are allowed to vote in
absentia.

Of the registered 975,263 overseas voters, only 118,752 voted during the recent
elections posting 16 percent voter turnout reported by the Department of Foreign

Dual citizen can exercise their right of suffrage

Affairs (DFA).

23

In 2004 presidential elections, a record-high 64 percent overseas voters turnout was

recorded. However, it dropped down to 16 percent in 2007 elections, and jumped
into 26 percent during the 2010 presidential elections.

Looking at the political spectrum of this trend, some attention one should consider
is that, during 2004 & 2010 elections the political seat at stake is the Head of State

citizenship to aliens. Towards this end, aliens born and residing in the Philippines may
be granted Philippine citizenship by administrative proceedings subject to certain
requirements dictated by national security and interest.
Section 3. Qualifications. - Subject to the provisions of the succeeding section, any
person desiring to avail of the benefits of this Act must meet the following
qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;

& Government position, the President. While the 2007 and 2013 mid-term elections
are concentrated on the legislature. Furthermore, one should also take into
consideration the various efforts of the government and numerous sectors to
increase voters turnout.

There are so many factors to consider that led to the low overseas voters turnout
such as inaccessible voting centers, cost considerations, lost interest in voting,
incompetent voters education campaign and among others.

For now, it is with high hope that this piece of legislation will increase overseas
voters turnout for the 2016 elections and succeeding elections to come.
Commission on Filipinos Overseas.

(b) The applicant must not be less than eighteen (18) years of age, at the time of filing
of his/her petition;
(c) The applicant must be of good moral character and believes in the underlying
principles of the Constitution, and must have conducted himself/herself in a proper
and irreproachable manner during his/her entire period of residence in the Philippines
in his relation with the duly constituted government as well as with the community in
which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any
public school or private educational institution dully recognized by the Department of
Education, Culture and Sports, where Philippine history, government and civics are
taught and prescribed as part of the school curriculum and where enrollment is not
limited to any race or nationality: Provided, That should he/she have minor children of
school age, he/she must have enrolled them in similar schools;

AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR

CERTAIN ALIENS BY ADMINISTRATIVE NATURALIZATION AND FOR OTHER
PURPOSES

(e) The applicant must have a known trade, business, profession or lawful occupation,
from which he/she derives income sufficient for his/her support and if he/she is
married and/or has dependents, also that of his/her family:Provided, however, That
this shall not apply to applicants who are college degree holders but are unable to
practice their profession because they are disqualified to do so by reason of their
citizenship;

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

(f) The applicant must be able to read, write and speak Filipino or any of the dialects of
the Philippines; and

Section 1. Short Title. - This Act shall be known as "The Administrative Naturalization
Law of 2000."

(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to
learn and embrace the customs, traditions and ideals of the Filipino people.

Section 2. Declaration of Policy. - The State shall control and regulate the admission
and integration of aliens into its territory and body politic including the grant of

Section 4. Disqualifications, - The following are not qualified to be naturalized as

Filipino citizens under this Act:

REPUBLIC ACT NO. 9139

June 08, 2001

24
(a) Those opposed to organized government or affiliated with any association of group
of persons who uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal
assault or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled
socially with Filipinos, or who have not evinced a sincere desire to learn and embrace
the customs, traditions and ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such
war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right
to be naturalized citizens or subjects thereof.
Section 5. Petition for Citizenship. - (1) Any person desiring to acquire Philippine
citizenship under this Act shall file with the Special Committee on Naturalization
created under Section 6 hereof, a petition of five (5) copies legibly typed and signed,
thumbmarked and verified by him/her, with the latter's passport-sized photograph
attached to each copy of the petition, and setting forth the following:
(a) The petitioner's name and surname, and any other name he/she has used or by
which he/she is known;
(b) The petitioner's present and former places of residence;
(c) The petitioner's place and date of birth, the names and citizenship of his/her
parents and their residences;
(d) The petitioner's trade, business, profession or occupation, and if married, also that
of his/her spouse;

(e) Whether the petitioner is single or married or his/her marriage is annulled. If

married, petitioner shall state the date and place of his/her marriage, and the name,
date of birth, birthplace, citizenship and residence of his/her spouse; and if his
marriage is annulled, the date of decree of annulment of marriage and the court which
granted the same;
(f) If the petitioner has children, the name, date and birthplace and residences of
his/her children ;
(g) A declaration that the petitioner possesses all the qualifications and none of the
disqualifications under this Act;
(h) A declaration that the petitioner shall never be a public charge; and
(i) A declaration that it is the petitioner's true and honest intention to acquire Philippine
citizenship and to renounce absolutely and forever any prince, potentate, State or
sovereign, and particularly the country of which the applicant is a citizen or subject.
(2) The application shall be accompanied by:
(a) Duplicate original or certified photocopies of petitioner's birth certificate;
(b) Duplicate original or certified photocopies of petitioner's alien certificate of
registration and native born certificate of residence;
(c) Duplicate original or certified photocopies of petitioner's marriage certified, if
married, or the death certificate of his spouse, if widowed, or the court decree
annulling his marriage, if such was the fact;
(d) Duplicate original or certified photocopies of birth certificates, alien certificate of
registration or native born certificate of residence if any, of petitioner's minor children,
wherever applicable;
(e) Affidavit of financial capacity by the petitioner, and sworn statements on the good
moral character of the petitioner by at least two (2) Filipino citizens of good reputation
in his/her place of residence stating that they have personally known the petitioner for
at least a period of ten (10) years and that said petitioner has in their own opinion all
the qualifications necessary to become a citizen of the Philippines and is not in any
way disqualified under the provisions of this Act;

25
(f) A medical certificate that petitioner is not a user of prohibited drugs or otherwise a
drug dependent and that he/she is not afflicted with acquired immune deficiency
syndrome (AIDS);
(g) School diploma and transcript of records of the petitioner in the schools he
attended in the Philippines. Should the petitioner have minor children, a certification
that his children are enrolled in a school where Philippine history, government and
civics are taught and are part of the curriculum; and
(h) If gainfully employed, the income tax return for the past three (3) years.
Section 6. Special Committee on Naturalization. - There shall be constituted a Special
Committee on Naturalization herein referred to as the "Committee", with the Solicitor
General as chairman, the Secretary of Foreign Affairs, or his representative, and the
National Security Adviser, as members, with the power to approve, deny or reject
applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for
naturalization. For this purpose, the chairman and members shall receive an
honorarium of Two thousand pesos (P2,000.00) and One thousand five hundred
pesos (P1,500.00), respectively, per meeting attended.
Section 7. Powers/Functions of the Special Committee on Naturalization. - An alien
who believes that he has all the qualifications, and none of the disqualifications, may
file an application for naturalization with the secretariat of the Special Committee on
Naturalization, and a processing fee of Forty thousand pesos (P40,000.00).
Thereafter, the petition shall be stamped to indicate the date of filing and a
corresponding docket number. Within fifteen (15) days from the receipt of the petition,
the Committee shall determine whether the petition is complete in substance and in
form. If such petition is complete, the Committee shall immediately publish pertinent
portions of the petition indicating the name, qualifications and other personal
circumstances of the applicant, once a week for three (3) consecutive weeks in a
newspaper of general circulation, and have copies of the petition posted in any public
or conspicuous area. The Committee shall immediately furnish the Department of
Foreign Affairs (DFA), the Bureau of Immigration (BI), the civil registrar of the
petitioner's place of residence and tile National Bureau of Investigation (NBI) copies of
the petition and its supporting documents. These agencies shall have copies of the
petition posted in any public or conspicuous area in their buildings, offices and
premises, and shall, within thirty (30) days from the receipt of the petition, submit to
the Committee a report stating whether or not petitioner has any derogatory record on
file or any such relevant and material information which might be adverse to
petitioner's application for citizenship.

If the petition is found by the Committee to be wanting in substance and form, the
petition shall be dismissed without prejudice.
Section 8. Approval or Disapproval of the Petition. - Within sixty (60) days from
receipt of the report of the agencies which were furnished a copy of the petition or the
date of the last publication of the petition, whichever comes in later, the Committee
shall consider and review all relevant and material information it has received
pertaining to the petition, and may, for the purpose call the petitioner for interview to
ascertain his/her identity, the authenticity of the petition and its annexes, and to
determine the truthfulness of the statements and declarations made in the petition and
its annexes.
If the Committee shall have received any information adverse to the petition, the
Committee shall allow the petitioner to answer, explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before it, that the petitioner
has all the qualifications and none of the disqualifications required for Philippine
citizenship under this Act, it shall approve the petition and henceforth, notify the
petitioner of the fact of such approval. Otherwise, the Committee shall disapprove the
same.
Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty
(30) days from the receipt of the notice of the approval of his/her petition, the applicant
shall pay to the Committee a naturalization fee of One hundred thousand pesos
(P100,000.00) payable as follows: Fifty thousand pesos (P50,000.00) upon the
approval of the petition and Fifty thousand pesos (P50,000.00) upon the taking of the
oath of allegiance to the Republic of the Philippines, forthwith, a certificate of
naturalization shall be issued. Within sixty (60) days from the issuance of the
certificate, the petitioner shall take an oath of allegiance in the proper forum upon
proof of payment of the required naturalization processing fee and certificate of
naturalization. Should the applicant fail to take the abovementioned oath of allegiance
within said period of time, the approval of the petition shall be deemed abandoned.
Section 10. Duty of the Bureau of Immigration. - Within five (5) days after the
applicant has taken his oath of allegiance as required in the preceding section, the BI
shall forward a copy of the petitioner's oath to the proper local civil registrar.
Thereafter, the BI shall cancel the alien certificates of registration of the applicant.
Section 11. Status of Alien Wife and Minor Children. - After the approval of the petition
for administrative naturalization in cancellation of applicant's alien certificate of
registration, applicant's alien lawful wife and minor children may file a petition for
cancellation of their alien certificates of registration with the Committee subject to the

26
payment of the filing fee of Twenty thousand pesos (P20,000.00) and naturalization
fee of Forty thousand pesos (P40,000.00) payable as follows: Twenty thousand pesos
(P20,000.00) upon the approval of the petition and Twenty thousand pesos
(P20,000.00) upon the taking of the oath of allegiance to the Republic of the
Philippines.
Section 12. Status of Alien Husband and Minor Children. - If the applicant is a married
woman, the approval of her petition for administrative naturalization will not benefit her
alien husband but her minor children may file a petition for cancellation of their alien
certificates of registration with the BI subject to the requirements of existing laws.
Section 13. Cancellation of the Certificate of Naturalization. - The Special Committee
may cancel certificates of naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made
any false statement or misrepresentation or committed any violation of law, rules and
regulations in connection with the petition for naturalization, or if he otherwise obtains
Philippine citizenship fraudulently or illegally, the certificate of naturalization shall be
cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire
Filipino citizenship by virtue of his naturalization shall, within five (5) years next
following the grant of Philippine citizenship, establish permanent residence in a foreign
country, that individual's certificate of naturalization or acquired citizenship shall be
cancelled or revoked: Provided, That the fact of such person's remaining for more
than one (1) year in his country of origin, or two (2) years in any foreign country, shall
be considered prima facie evidence of intent to permanently reside therein;
(c) If the naturalized person or his wife or child with acquired citizenship allows himself
or herself to be used as a dummy in violation of any constitutional or legal provision
requiring Philippine citizenship as a condition for the exercise, use or enjoyment of a
right, franchise or privilege, the certificate of naturalization or acquired citizenship shall
be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any
act inimical to national security, the certificate of naturalization or acquired citizenship
shall be cancelled or revoked.
In case the naturalized person holds any hereditary title, or belong to any order of
nobility, he shall make an express renunciation of his title or membership in this order
of nobility before the Special Committee or its duly authorized representative, and
such renunciation shall be included in the records of his application for citizenship.

Section 14. Penalties. - Any person who shall fraudulently make, falsify, forge,
change, alter, or cause or aid any person to do the same, or who shall purposely aid
and assist in falsely making, forging, falsifying, changing or altering a naturalization
certificate issued under this proceeding for the purpose of making use thereof, or in
order that the same may be used by another person or persons, and any person who
shall purposely aid and assist another in obtaining a naturalization certificate in
violation of this Act, shall be punished by a fine of not more than Five hundred
thousand pesos (P500,OOO.OO) and by imprisonment for not more than five (5)
years, and in the case that the person convicted is a naturalized citizen, his certificate
of naturalization shall, if not earlier cancelled by the Special Committee, be ordered
cancelled.
Section 15. Any person who failed to register his/her birth with the concerned city or
municipal civil registrar may, within two (2) years from the effectivity of this Act, file a
petition for the acquisition of the Philippine citizenship:Provided, That the applicant
possesses all the qualifications and none of the disqualifications under this Act and
subject to the requirements of existing laws.
Section 16. Special Disposition of the Filing Fee. - An amount equivalent to twenty
five percent (25%) of the filing fee to be paid by the applicants pursuant to Section 7
hereof shall accrue to the University of the Philippines Law Center and another
twenty-five percent (25%) shall be allotted for the publication of the Journal of the
House of Representatives. Said amount shall be treated as receipts automatically
appropriated.
Section 17. Implementing Rules and Regulations. - The Special Committee on
Naturalization is hereby authorized to promulgate such rules and regulations as may
be needed for the proper implementation of the provisions of this Act.
Section 18. Repealing Clause. -All provisions of existing laws, orders, decrees, rules
and regulations contrary to or inconsistent with this Act are hereby repealed or
modified accordingly.
Section 19. Separability CIause. - If any part, section or provision of this Act is
declared invalid or unconstitutional, the part, section or provision not affected thereby
shall continue to be in force and effect.
Section 20. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following its publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 2630 - AN ACT PROVIDING FOR REACQUISITION OF
PHILIPPINE CITIZENSHIP BY PERSONS WHO LOST SUCH CITIZENSHIP BY

27
RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED
FORCES OF THE UNITED STATES

Administrative naturalization under R.A. 9139 applies to foreigners who

were born in the Philippines and residing therein since birth. The petition

Section 1. Any person who had lost his Philippine citizenship by rendering service to, or
accepting commission in, the Armed Forces of the United States, or after separation from the
Armed Forces of the United States, acquired United States citizenship, may reacquire
Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and
registering the same with the Local Civil Registry in the place where he resides or last resided
in the Philippines. The said oath of allegiance shall contain a renunciation of any other
citizenship. Sec. 2. This Act shall take effect upon its approval. Approved: June 18, 1960
REPUBLIC ACT NO. 965 - AN ACT PROVIDING FOR REACQUISITION OF
PHILIPPINE CITIZENSHIP BY PERSONS WHO LOST SUCH CITIZENSHIP BY
RENDERING SERVICE TO, OR ACCEPTING COMMISSION IN, THE ARMED
FORCES OF AN ALLIED FOREIGN COUNTRY, AND TAKING AN OATH OF
ALLEGIANCE INCIDENT THERETO

for naturalization is filed with the Special Committee on Naturalization

which is composed of the Solicitor General, as chairman, and the Secretary
of Foreign Affairs or his representative as well as the National Security
Adviser, as members.

Judicial naturalization, on the other hand, may be resorted to by

foreigners who were either born in or outside of the Philippines, provided
that they comply with the minimum residency requirement of ten (10)
continuous years. The ten-year minimum residency requirement may be
reduced to five (5) years in the following instances: (a) the petitioner has

Section 1. Any person who, being a citizen of the Philippines on December eight, nineteen
hundred forty-one, had lost said citizenship by rendering service to, or accepting commission
in, the armed forces of an allied foreign country, and taking an oath of allegiance incident
thereto, may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of
the Philippines and registering the same with the Local Civil Registry in the place where he
resides or last resided in the Philippines within one year from the date of the approval of this
Act. The said oath of allegiance shall contain, in addition, a renunciation of any other
citizenship. Sec. 2. This Act shall take effect upon its approval.

established a new industry or introduced a useful invention in the

Philippines; (b) the petitioner is married to a Filipino woman; (c) the
petitioner has been engaged as a teacher in the Philippines for at least two
(2) years; or (d) the petitioner was born in the Philippines.

Legislative

naturalization

is

the

process

of

granting

Philippine

citizenship, through the enactment of a law by Congress, to foreigners who

have rendered outstanding service and significantly contributed to the
Philippine citizenship may be acquired by a foreigner through the

development of the country and of the Filipino people. Examples of

process of naturalization. Naturalization signifies the act of formally

legislative naturalization are Republic Act 10356 (approved on 9 January

adopting a foreigner into the political body of a nation by clothing him or

2013) granting Philippine citizenship to Jessie Josephine Coe Lichauco, an

her with the privileges of a citizen. Under current and existing laws, there

American who exhibited outstanding service to the Filipino people

are three (3) ways by which a foreigner may become a Filipino citizen by

especially during World War II, and Republic Act 10148 (lapsed into law on

naturalization: (a) administrative naturalization pursuant to Republic Act

8 March 2011) granting Philippine citizenship to Marcus Eugene Douthit, an

No. 9139; (b) judicial naturalization pursuant to Commonwealth Act No.

American basketball player who is now a member of the Philippine national

473, as amended; and (c) legislative naturalization in the form of a law

basketball team.

enacted by Congress bestowing Philippine citizenship to a foreigner (So v.

Republic, G.R. No. 170603, 29 January 2007).

CITIZENSHIP AND SUFFRAGE

28
This paper explains briefly Article IV (Citizenship) and Article V (Suffrage) of the 1987
Philippine Constitution.

Article IV of the 1987 Constitution discusses Citizenship. Article V discusses Suffrage. These
provisions will be explained in detail in the following subtopics.

At the end the discussion, the students are expected to:

CITIZENSHIP

1. Explain the meaning and requirements of Philippine citizenship; 2. Discuss and distinguish
the different principles and concepts involving citizenship; 3. Explain the meaning and
requirements of suffrage; and

Meaning of Citizenship

PRELIMINARIES

Citizenship refers to the membership of a person to a democratic state which bestows upon
him/her full civil and political rights (unless especially disqualified by law), and the
corresponding duty to support and maintain allegiance to the state. Such membership
underscores the symbiotic relationship of the state, which on the one hand gives protection to
the citizen, and the citizen, who on the other hand is duty bound to support the state.

Need for Citizenship Education

Citizens of the Philippines

1. Citizenship education, which is the primary purpose of studying Philippine politics and
governance, entails knowing the basic rights as well as the corresponding duties of the citizens.
Section 3 (2), Article XIV provides that all educational institutions shall inculcate patriotism
and nationalism, foster love of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.

1. Classification. There are four instances enumerated in the Constitution as to who are
considered citizens of the Philippines. Section 1, Article IV of the Constitution, provides: The
following are citizens of the Philippines:

4. Discuss the various related concepts and principles in suffrage.

2. It must also be noted that one of the State Policies of the Philippines is the rearing of the
youth for civic efficiency. Section 13, Article II provides that the State recognizes the vital
role of the youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs. This is also why,
under Section 12, Article II, the State supports the parents in their primary right and duty in
rearing the youth for civic efficiency and development of moral character.
3. Before delving on the rights and duties of the citizens, it is logically important to know first
who are the citizens of the Philippines, the modes of acquiring citizenship, the types of
citizens, and difference between a citizen and a non-citizen as to possession of rights,
privileges, and duties. Knowing these concepts will preparatory for the discussion of suffrage,
which is one of the rights and duties of a citizen, and the bill of rights, which is the declaration
and enumeration of the rights individuals as will be discussed in Chapter 9. Constitutional
Provisions on Citizenship and Suffrage

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2)Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
First, those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution, referring to those who were already Filipinos under the 1973 Constitution and
were still citizens at the time of the passage of the 1987 Constitution.
Second, those who are Philippine citizens because either their fathers or mothers are
Philippine citizens.
Third, those whose fathers are foreigners, and then later elected their Philippine citizenship
upon reaching 18 years old in accordance with 1935 Constitution which was in effect at the
time of their birth. And fourth, those who are naturalized under the procedures provided by
law.

29
2. Natural Born and Naturalized Citizens. Basically, there are only two categories of Philippine
citizens: the natural born and the naturalized. On the one hand, a natural born citizen is
someone who is already a Filipino at the time of his birth and does not have to do anything to
acquire or perfect his citizenship (Sec. 2, Art. II). In other words, he is a Filipino by birth. On
the other hand, a naturalized citizen is someone who was once a foreigner then later on became
a Filipino by legal fiction. Paragraph 2 (Either father or mother is a Filipino) and paragraph 3
(Elect Philippine Citizenship) of the above provision are natural born citizens, while paragraph
4 (naturalized under the law) refers to the naturalized citizen. Paragraph 1 (citizen at the time
of the adoption of the Constitution) may refer to either a
natural born or naturalized citizen depending on the kind of citizenship he has at the time of the
adoption of the 1987 Constitution.
3. Principles Determining Citizenship. How can birth determine citizenship in the case of
natural born citizens? There are two principles that could answer this. First is the jus sanguinis
principle, which states that blood relations determine citizenship, and the second is the jus
soli or jus loci principle, which states that the place of birth determines citizenship. The
Philippines adopts the jus sanguinis principle and is now the underlying theory behind Article
IV. Thus, someone becomes a Filipino by birth if either his mother or father is a Filipino, so
that by virtue of his blood relations to either his Filipino parents he is also a Filipino. If Pedro,
for example, has a Filipino mother and a foreigner father, then he is still a Filipino by birth, and
therefore a natural born citizen.
4. Old Rule. It must be noted that the present rule is different from that in the 1935
Constitution. Under the old rule, those whose fathers are foreigners and whose mothers are
citizens of the Philippines must still elect their Philippine citizenship upon reaching 18 years
old. In other words, citizenship depends upon blood relations with the father. This was no
longer the rule under the 1973 Constitution and under the present Constitution. Citizenship is
now attributable to both the father and mother. But for those who were born during the
effectivity of the 1935 Constitution, or before January 17, 1973 (the date of promulgation of
the 1973 Constitution), they must still elect their Philippine citizenship upon reaching the age
of majority. For instance, if Pedro was born in January 1, 1970, of a Chinese father and a
Filipino mother, then in 1988 when he is already 18 years old, he must elect his Philippine
citizenship. Under Section 2, Article II, those who elect their Philippine citizenship are still
deemed natural born citizens.

1. Who are Naturalized Citizens? Naturalized citizens those are clothed by law with the rights
and privileges accorded to a citizen of the Philippines, as well as bound by their duties to the
State. In other words, they are also Filipinos. Thus they can vote during elections, acquire real
property, and engage in business, among others. They must likewise observe loyalty to the
Philippines, pay their taxes, and obey the laws and duly constituted authorities of the land.
However, they cannot be elected President or Vice-President, or member of the Congress, or
appointed justice of the Supreme Court or lower collegiate courts, or member of any of the
Constitutional Commissions, or Ombudsman or his Deputy, or member of the Central
Monetary Agency. These are among the restrictions to a naturalized citizen which are reserved
only to a natural born citizen, who is by birth and heart a Filipino.
2. Naturalization entails renunciation of former allegiance and the subsequent act of formal
entrance into a new body politic. The grant of citizenship by naturalization is an act of grace on
the part of the State. Just as the State can confer or grant citizenship, it can
also withhold or take away the same. Thus, aliens or foreigners do not have a natural or
inherent right to demand membership to the State.
3. Kinds of Naturalization. The government, through its three branches, can confer citizenship
by naturalization. Hence, a foreigner can be naturalized in either of three ways:
(a) Judicial naturalization refers to naturalization by means of court judgment pursuant to the
Revised Naturalization Act. Applications are filed with the proper Regional Trial Court
which will render the decree of naturalization;
(b) Legislative naturalization refers to naturalization by means of a direct act of Congress, that
is, by the enactment of a law by the Congress declaring therein that a foreigner is conferred
citizenship and admitted into the political community; and
(c) Administrative naturalization is naturalization by means of administrative proceedings
before the Special Committee on Naturalization pursuant to the Administrative Naturalization
Law of 2000. Applicants must be aliens born and residing in the Philippines with all of the
qualifications and none of the disqualifications provided by law.
Lost and Reacquisition of Citizenship

Naturalized Citizens

1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that Philippine

citizenship may be lost or reacquired in the manner provided by law. There are two laws
which provide the manner of loss of citizenship. First is Commonwealth Act No. 63 which
provides that citizenship is lost by naturalization in another country, by express renunciation of
citizenship, by subscribing to an oath of allegiance to support the constitution and laws of

30
another country, by rendering service to a foreign armed forces, and by deserting the armed
forces of the Philippines. Second is Commonwealth Act No. 473 which states that citizenship
is lost by cancellation of certificate of naturalization by court, by permanent residence in the
country of origin for a period of five years from the time of naturalization, by an invalid
declaration of intent in the petition, by failure to with the educational requirements of the
minor children, and by allowing oneself to used by a foreigner.
2. Reacquisition of Citizenship. As far as reacquisition of citizenship is concerned,
Commonwealth Act No. 63 also provides that citizenship which was lost may be reacquired by
naturalization, by a direct act of Congress, or by repatriation.
(a) Naturalization may be applied for by a former Philippine citizen who lost his citizenship
under any of the aforesaid ways. For example, Pedro was a Filipino who became a naturalized
citizen in another country, and as a result he lost his Philippine citizenship. If he applies for
naturalization and later on the court gave him a decree of naturalization, then he reacquires his
Philippine citizenship.
(b) The Congress can also reinstitute, by means of a law, citizenship to those who lost it.
(c) Repatriation is accomplished by taking the necessary oath of allegiance to the Republic of
the Philippines and then registering the same in the proper Civil Registry and in the
Bureau of Immigration. This is available to women who have lost their citizenship through
marriage to aliens, those who lost their citizenship on account of economic and political
necessity not otherwise disqualified by law, and deserters of the Armed Forces of the
Philippines.
3. R.A. No. 9225. Special note must be given to Republic Act No. 9225, otherwise known as
Citizenship Retention and Reacquisition Act of 2003,which amended Commonwealth Act
No. 63. It provides that natural born citizens of the Philippines who lost their citizenship
because of naturalization in a foreign country shall be deemed to have reacquired their
Philippine citizenship upon taking the oath of allegiance to the Republic of the Philippines.
After the effectivity of RA 9225, those who are naturalized in a foreign country shall retain
their Philippine citizenship also upon taking the oath of allegiance to the Republic of the
Philippines. Thus, under the present law, it is the taking of the necessary oath of allegiance and
registration of the same that retains and reacquires Philippine citizenship.
4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an alien is not a ground
for losing Philippine citizenship, unless there is implied or express renunciation through acts or
omissions. For example, if Maria is married to Friedrich, a foreigner, and in Friedrichs country
his marriage confers on Maria their citizenship, then Maria will not automatically lose her
citizenship as provided by the Constitution. What she has is dual citizenship. But if Maria

subscribes to an oath of allegiance to her husbands country, then her act is deemed a
renunciation of her Philippine citizenship, thus, a ground for losing her citizenship.
Dual Allegiance and Dual Citizenship
1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV states, Dual
allegiance of citizens is inimical to the national interest and shall be dealt with by law. Dual
allegiance happens when a naturalized citizen of the Philippines maintains his allegiance to his
country of origin. For example, if Joe, who was a foreigner, becomes a naturalized citizen of
the Philippines, and after naturalization he still maintains his allegiance to his mother country,
then his case is said to be one of dual allegiance. This is prohibited by the Constitution to
prevent a former foreigner, who gained political membership, to have false allegiance or
pretend loyalty to the Philippines.
2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does not prohibit dual
citizenship. Dual allegiance is different from dual citizenship. Dual citizenship happens when
an individual is a citizen of two countries because the laws of both countries confer upon him
membership to their State. For example, if Pedros parents are Filipinos and he is born in
United State of America, he acquires Philippine citizenship under the principle of jus sanguinis
and American citizenship under the principle of jus soli. Thus, he has dual citizenship because
of the respective laws of the two countries. Another example is when a Filipino marries a
foreigner and thereby acquires the citizenship of the spouse, there is also dual citizenship. The
Philippines cannot prohibit dual citizenship because its laws cannot
control the laws of other states. It is dual allegiance that is prohibited because it is intentional
while dual citizenship is generally unintentional, in that it is only accidentally cause by birth in
a foreign state or marriage with a foreigner.
3. Limitation on Dual Citizenship. Dual citizenship may be prohibited under special cases. For
instance, pursuant to the Constitution, RA 9225 requires that all those who are seeking elective
public offices in the Philippines to execute a personal and sworn renunciation of any and all
foreign citizenship to qualify them as candidates in the Philippine elections.
SUFFRAGE
Meaning of Suffrage
Suffrage is the right and obligation to vote. It is a political right conferred by the Constitution
empowering a citizen to participate in the process of government which makes the State truly
democratic and republican. Section 1, Article V, however, provides that suffrage may be
exercised thus, making it non-mandatory. Failure to exercise such right is not punishable by

31
law, but nonetheless makes a citizen irresponsible. In other words, suffrage is an obligation but
a non-mandatory one.
When Suffrage may be Exercised
Suffrage is exercised not only during elections, but also during initiatives, referendums,
plebiscite, and recalls. Election is the means by which the people choose their representatives
who are entrusted the exercise of the powers of the government. Initiative is the means by
which people directly propose and enact laws, that is, they initiate the law-making process.
Referendum refers to process by which the people ratify or reject a law or part thereof referred
or submitted to them by the national or local law-making body. Plebiscite entails a process by
which the people either ratify or reject an amendment or revision to the Constitution. And
recall is a mode of removing an incumbent official from office by a vote of the people upon
proper registration of a petition signed by the required number of qualified voters. In all these
instances, a qualified citizen can rightfully exercise suffrage.
Who may Exercise Suffrage
1. Qualified Citizens Only. Suffrage can be exercised only by a citizen of the Philippines, who
has none of the disqualifications, at least eighteen years of age on the day of the election, and a
resident of the Philippines for at least one year and of the place where he
intends to vote for at least six months immediately preceding the election (Section 1, Article
V). Suffrage is an attribute of citizenship, and therefore aliens cannot exercise the same.
2. Reason for Lowering the Voting Age. The voting age was lowered down from 21 to 18 years
old to broaden the electoral base. If the voting age is 21, then only a small percentage of the
total population of the Philippines can vote. Moreover, according to psychologists, 18 to 21
year-old Filipino youth, living in urban or rural areas, have the same political maturity. This is
affirmed in many provisions of Philippine law, in that the marrying age, the age when someone
can enter into a contract, and the age when someone can be called to defend the State, is 18
years old. It must be noted, however, registration may be done before reaching the age of
majority for as long as the voter is 18 years old on the day of the election.

non revertandi). For example, if a Filipino citizen works abroad to look for greener pastures,
but still has the intention to return to the Philippines, he can still exercise his right to vote
since his domicile is still in the Philippines. On the other hand, temporary residence only
requires the intention to reside in a fixed place. To be familiar with the needs of the locality, a
voter must reside therein for at least six months immediately preceding the elections. This is
requirement for both national and local elections. In here, since residence can also mean
temporary residence, one can vote in either his locality of permanent residence or locality of
temporary residence during local or national elections. For example, Pedro is domiciled in
Tuguegarao City and is a registered voter therein. But he is working in Manila for more than
six months already, has established a temporary residence, and is likewise a registered voter
there. Under the law, he can vote in Tuguegarao city since he is a permanent resident of the
place or in Manila since he has a temporary residence there.
4. No Additional Substantive Requirement. Still in keeping with the trend for broadening
electoral base, the Constitution does not provide for literacy, property or other substantive
requirements. Rather it encourages the participation and equalization of the privileges and
rights of the people. Being democratic and republican, the State endeavors for the
establishment of a wide base of electoral involvement by the people, not only by the rich
minority who joy the privilege of formal education, but also by the poor majority who are
usually unlettered because of poverty. It must also be emphasize that there is no direct
relationship between education or property, on the one hand, and capacity for intelligent
voting, on the other, in that even a rich and highly educated person may initiate and be swayed
by sham elections.
Absentee Voting
Because of the phenomenon of Filipino labor explosion overseas, the so-called absentee
voting system is mandated by the Constitution to be provided for, or legislated, by the
Congress. Section 2, Article V states, The Congress shall provide a system for absentee
voting by qualified Filipinos abroad. For as long as they are qualified, overseas Filipino
workers can still participate in elections despite their temporary absence in the Philippines.
While residency is a voting requirement, it must not be a reason for disenfranchising thousands
of Filipinos abroad whose hearts are still with the Philippines.
Importance of Suffrage

3. Explanation of Residency Requirement. A citizen, in order to be qualified to vote, must have

resided in the Philippines for at least one year and for at least six months on the place where he
intends to vote immediately preceding the elections. The one year residency requirement
means permanent residence while the six month residency requirement means either
permanent or temporary residence. On the on hand, permanent residence or domicile
requires bodily presence in the locality, the intention to remain there (animus manendi), and an
intention to return to it if one goes somewhere else (animus revertendi). If a new residence is
established, permanent residence requires an intention not to return to the old domicile (animus

As a final note, the importance of suffrage cannot be overemphasized as it is the bed rock of
Philippine democracy and republicanism. Removed, then the Philippines is no longer
democratic and republican. This is why the Constitution mandates the Congress to provide a
system for securing the secrecy and sanctity of the ballot. The mandate becomes especially
important now that the electoral base is broadened to include the illiterate and the disabled who
are the usual prey of unscrupulous politicians. Thus, to secure the very essence of Philippine

32
democracy and to protect the illiterates and disabled from being disenfranchised, the
Constitution also provides that The Congress shall also design a procedure for the disabled
and the illiterates to vote without the assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.