Dual citizenship........tess

[Stephen]

DUAL CITIZENSHIP NEARS APPROVAL
Constitutional restrictions are clarified
Mabuhay News Service

MANILA -- Senate President Franklin M. Drilon predicted speedy approval of a dual citizenship measure after legal experts endorsed the proposal in a public hearing here.

Drilon said the legal questions were effectively cleared after it was agreed in the hearing that what the Constitution prohibited is dual allegiance, not dual citizenship.

The Senate Committee on Justice and Human Rights, chaired by Sen. Francis Pangilinan, ended its hearings on the measure recently with the appearance of representatives from the foreign affairs, justice and trade departments, Bureau of Immigratin, Natioal Security Council and the Integrated Bar of the Philippines.

Drilon, who is one of the principal authors of the measure, is proposing the automatic reacquisition of the Philippine citizenship by those who lost it when they acquired foreign citizenship.

Similarly, Filipino nationals can retain their Philippine citizenship even if they acquire foreign citizenship. After enactment of the bill, Philippine citizenship may be lost by a Filipino national if he or she:  Seeks public office in a foreign country.
Serves in a foreign army.
Expressly renounces it.

[Jay]

... in response to Dual citizenship........tess, posted by Stephen on Mar 11, 2002

Interesting...

Doesn't someone "expressly renounce" it in the oath of citizenship to the US? It's a pretty stringent oath as I recall.

Any opinions?

Jay

[Dave H]

... in response to Re: Dual citizenship........tess, posted by Jay on Mar 11, 2002

Hi Jay,

This comes from the Philippine Consulate General in New York web page. The way things currently are:

FREQUENTLY ASKED QUESTIONS
ON CITIZENSHIP

1. How is citizenship acquired?

Modern law recognizes three distinct ways of acquiring citizenship:
1. Jus sanguinis – or Law of the Blood. Under this  principle, children acquire the citizenship of their parents.
2. Jus soli – or Law of the Soil. Under this principle, children acquire the citizenship of the place of birth.
3. Naturalization – the legal act of adopting an alien as a citizen.

2. What law is followed in the Philippines? In the United States?

The Philippines follows the principle of jus sanguinis. Hence, children born of fathers or mothers who are Filipino citizens are also Filipino citizens. The United States follows the principle of jus soli. Hence, children born in the United States are American citizens. Both the Philippines and the United States also have laws on naturalization. Hence, an alien in the Philippines can become a Filipino citizen. An alien in the United States can also become an American citizen.

3. What is dual citizenship?

Dual citizenship is the status of a person who is a citizen of two or more states. For example, a child born in the United States of parents who are Filipino citizens is both a Filipino (since his parents are Filipinos at the time of birth) and an American (since he was born in the United States).

4. Is dual citizenship recognized in the Philippines?

Because Philippine law has no control over citizenship laws of other countries, dual citizenship is unavoidable.
Under Law Instruction No. RBR-99002 issued by the Bureau of Immigration on 15 April 1999, any child born of a Filipino parent may now be recognized as a Filipino citizen after submission of the following requirements:
a. Petition or Letter-Request made under oath;
b. Authenticated Birth Certificate of the child;
c. Birth Certificate of the Filipino parent;
d. Affidavit of Citizenship made by the applicant’s Filipino parent attesting to his or her citizenship at the time of the birth of the child;
e. Photocopy of the child’s passport;
f. Photocopy of the Filipino parent’s passport;
g. Proof of Filipino citizenship of a parent at the time of the birth of the child other than their passports.

5. If I am a dual citizen, can I file a Petition for Recognition with the Philippine Consulate?

No. You must file the petition directly with the Bureau of Immigration at Magallanes Drive, Intramuros, Manila.
However, you can have the required documents authenticated with the Philippine Consulate before you submit them to the Bureau.

6. If I am a dual citizen, do I need to obtain a Certificate of Recognition mentioned in Question Number 4 before I can get a Philippine Passport?

No. The Certificate of Recognition is not a requirement for a Philippine passport. As long as you are a Philipino citizen, you can get a Philippine passport.

7. How is Filipino citizenship lost?

The more common ways by which Philippine citizenship may be lost are:
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 of a foreign country, and
4. By cancellation of a certificate of naturalization as a Filipino citizen.

8. I am a Filipino who was naturalized as an American citizen. Do I have dual citizenship?

No, you do not have dual citizenship. You lost your Filipino citizenship when you became a naturalized citizen of the United States. Also, because you do not have dual citizenship, you cannot file a Petition for Recognition mentioned in Question 5.

9. How is Filipino citizenship reacquired?

Filipino citizenship may be reacquired through naturalization.

10. Can I reacquire Filipino citizenship without losing my American citizenship?

No, you cannot reacquire Filipino citizenship without losing your American citizenship. An applicant for naturalization as a Filipino citizen is required to renounce his allegiance and fidelity to the state of which he is a subject or citizen. In your case, you would be required to renounce your American citizenship before you
can be naturalized as a Filipino citizen.

[Jay]

... in response to Present Situation..., posted by Dave H on Mar 11, 2002

Dave,
That's even longer than my post down below! I'm too tired to read it now. I'll read it tommorow. These pissin' contest's wear me out!

Thanks for the info,
Jay

[Matthew]

... in response to Holy cow!!, posted by Jay on Mar 11, 2002

ms

[Dave H]

... in response to Cut and paste is a wonderful thing!........, posted by Matthew on Mar 11, 2002

Hey Matt,

Don't tell Jay. He thinks I wrote that. ;o)))

By the way, thanks for the info. Finally got through the BS at Miami INS. Two more interviews (EAD and AOS) to go.

Dave H.

[Jeff S]

... in response to Re: Dual citizenship........tess, posted by Jay on Mar 11, 2002

The only dual citizenship that the US recognizes is Isreal or Ireland. I guess if your country starts with an "I" you're in like flint - otherwise, sorry. Maybe if they changed it to the Illipines?

-- Jeff S.