Are you a dual US and Philippine citizen?

“ A person born in the United States with one parent or with both parent(s) no longer Philippine citizen(s) at time of birth is not a Philippine citizen at birth.”

UNDER the 14th Amendment to the Constitution of the United States, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

US citizen by birth

So, the United States awards citizenship by being born and by being naturalized in this country. No more, no less. Indeed the 14th Amendment further states that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States….”

Philippine citizen by blood

Under the 1935 Philippine Constitution, Article IV, Section 1, the following are citizens of the Philippine: (3) “those whose fathers are citizens of the Philippines. And (4) “Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.”

Under the 1971 Philippine Constitution, Article III, Section 1, the following are citizens of the Philippines: “(2) Those whose fathers or mothers are citizens of the Philippines.”

And under the current 1987 Philippine Constitution, Article IV, Section 1, the following are citizens of the Philippines: “(2) Those whose fathers or mothers are citizens of the Philippines.” And “(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.”

Dual citizenship

So, a person born in the United States is a US citizen by birth. And if at the time of birth, that person’s father or mother (or both) were citizens of the Philippines, he or she is also a natural-born Philippine citizen from birth, or by election upon reaching age of majority, as stated under the 1987 Philippine Constitution.

The Philippine Government requires that a notarized Report of Birth of a child born abroad of Filipino parent(s) be executed by a parent, physician, or nurse and filed with the Department of Foreign Affairs or Civil Registry of the Philippine Consulate abroad.

And a notarized Affidavit For Delayed Registration of Birth is likewise executed by the child, if 18 years old or over, a father, mother, or guardian, and filed with the Department of Foreign Affairs, or the Civil Registry of the Philippines Consult abroad.

The child or person born in the United States of a Filipino parent is a Philippine citizen from birth. The registration of birth is required for the issuance of a Philippine passport. And the child of that child or person is also a Philippine citizen in perpetuity for the following generations.

Natural-born citizens

Moreover, under Article IV, Section 2, of the 1987 Philippine Constitution, these children born abroad are “natural-born citizens” because they are “citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.” And even “those who elect Philippine citizenship upon reaching the age of majority” are also “natural-born citizens”, under Section 2 of Article IV thereof.

So, those persons born in the United States or elsewhere of Filipino parent can run for President of the Philippines as natural-born citizen, provided they are: “a registered voter, able to read and write, at least 40 years of age of the day of the election, and a resident of the Philippines for at least 10 years immediately preceding such election, “under Article VII, Section 2, of the 1987 Philippine Constitution.

Born in US but not Philippine citizen

A person born in the United States with one parent or with both parent(s) no longer Philippine citizen(s) at time of birth is not a Philippine citizen at birth.

In this scenario, a Filipina mother had lost her Philippine citizenship when she became a naturalized US citizen. She gave birth to a daughter in Michigan, with a white, US citizen father. The daughter is not a Philippine citizen.

She may obtain Philippine citizenship by naturalization under Commonwealth Act No. 475, which requires ten year of continuous residence in the Philippines, reduced to 5 years with certain qualifications, among other requirements.

Retention /re-acquisition of Philippine citizenship

On August 29, 2003, the Philippines enacted Republic Act No. 9225, The Philippine Citizenship and Re-acquisition Act, Section 3 thereof, which allows: (1) natural-born Philippine citizens who, after the effectively of this Act, become citizens of a foreign country to retain their Philippine citizenship; and (2) natural born Philippine citizens who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country to re-acquire Philippine citizenship.

This is simply done by taking the oath of allegiance to the Republic of the Philippines before a Philippine Consul.

Moreover, under Section 4 of Republic Act No. 9225, “the unmarried child, whether legitimate, illegitimate or adopted, below 18 years old, of those who re-acquire Philippine citizenship upon effectively of this Act shall be deemed citizens of the Philippines.”

So, by derivative citizenship from their parents, who were natural-born Philippine citizens, but lost their citizenship, and then re-acquired Philippine citizenship, children below 18 years old at the time of the re-acquisition are deemed natural-born citizens of the Philippines.

This is motivation enough to become a dual Philippine/United States citizen.

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The Author, Roman P. Mosqueda,  has published several articled on the Philippine Constitution and Philippine citizenship. Send comments/inquires to [email protected], or call (213) 252-9481 for free consultation appointment, or visit his website at www.mosquedalaw.com and EzineArticles.com to read his other articles.