2014 (Political Law) Bar Exam Questions: Question 25

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XXV.

Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State Frozen. By virtue of the laws of Frozen, any person who marries its citizens would automatically be deemed its own citizen. After ten years of marriage, Rosebud, who has split her time between the Philippines and Frozen, decided to run for Congress. Her opponent sought her disqualification, however, claiming that she is no longer a natural-born citizen. In any event, she could not seek elective position since she never renounced her foreign citizenship pursuant to the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run by reason of citizenship? (4%)

6 comments

  1. No, because Rosebud never lost her status as a natural-born citizen by reason of marriage to a foreigner. In addition to her status as a natural born citizen, she acquired the citizenship of her husband by operation of law and not by a voluntary act of acquisition thereof and voluntary renunciation of her former citizenship.

    In relation to election protest, what is prohibited is dual allegiance. Allegiance to a foreign state is acquired through an express and voluntary act of renouncing once allegiance to the Republic of the Philippines and swearing allegiance to a foreign state e.g. enlisting in the military services of another state.

    1. By naturalization according to the Bureau of Immigration of the Philippines is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. It implies an act of renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. Rosebud never renounced her Filipino citizenship. She acquired it by operation of the law of Frozen Country. R.A. 9225, applies to those who lost their citizenship by some voluntary act of renunciation. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.. ex. Naturalization to another country, service in the military etc. Sec. 3, RA 9225 xxx Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country… Rosebud was not naturalized but rather acquired the citizenship of Frozen country by operation of law. In the case of she became a naturalized Australian citizen owing to her marriage TEODORA SOBEJANA-CONDON, she became a NATURALIZED CITIZEN owing to her marriage. Hence, the word Naturalized, means there must be some form of voluntary act of renunciation. In the case of Rosebud it was by virtue of the laws of Frozen, any person who marries its citizens would automatically be deemed its own citizen.The case never mentioned any naturalization process.

  2. The Condon case has no application here. Condon was naturalized as an australian citizen by marriage in 1985 which was still governed by commonwealth act xxx of losing citizenship through marriage with an alien husband.

    Now, under the 1987 Constitution which explicitly provides:

    Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it..

    Therefore, it has nothing to do with the rules on whether duals by birth who needs to just a file a coc to run or by naturalized through voluntary acts that reeds to renounce to run.

    In short, given the facts, she did not lose her Filipino citizenship.

    1. And yes, she would fall under dual citizenship which is not prohibited to run and not under dual allegiance which refers to naturalization through voluntary acts. Therefore filing of coc is already enough.

  3. That is a good tip especially to those new to the blogosphere.

    Simple but very accurate information… Thanks for sharing this one.
    A must read article!

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