Lemuel was born in 1988 to a Filipino mother and an American father, as shown in his birth certificate. His parents, however, were not married to each other. Subsequently, his father petitioned for him, as a result of which Lemuel received a certificate of American citizenship and an American passport. In 2022, Lemuel filed a certificate of candidacy to run as Representative of the lone district of Batanes. Ayla, a Filipino citizen and resident of Batanes, filed a petition for disqualification with the Commission on Elections alleging that Lemuel is ineligible to run for public office in the Philippines as Lemuel is an American citizen. Is Ayla correct? Explain briefly. (5 points)
Suggested answer only. Not an official answer and not legal advice.
No, Ayla is incorrect. Under Article IV, Section 1(2) and Section 2 of the 1987 Constitution, a child born to a Filipino mother is a natural-born citizen from birth. An illegitimate child automatically follows the mother's
Unlock the full Political Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Is Ayla correct in contending that Lemuel is ineligible to run for Representative due to his American citizenship?
Ayla is incorrect because Lemuel's dual citizenship arose by operation of law, exempting him from executing a sworn renunciation under R.A. No. 9225.
Under Article IV, Section 2 of the 1987 Constitution, who are classified as natural-born citizens of the Philippines?
Natural-born citizens are those who are citizens of the Philippines from birth without performing any act to acquire citizenship.
What is the citizenship status of an illegitimate child born to a Filipino mother and a foreign father?
An illegitimate child born to a Filipina mother automatically follows her citizenship and is a natural-born Filipino citizen.
To whom does the sworn renunciation requirement under Republic Act No. 9225 apply for elective public office?
Choices available with full access.
How does dual citizenship acquired by birth or operation of law differ from dual allegiance under the Constitution?
Choices available with full access.
Learn more about these topics
1. Natural-Born Citizenship
Under Article IV, Section 1(2) in relation to Section 2 of the 1987 Constitution, citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship are natural-born citizens. A child born to a Filipino mother is a natural-born Filipino citizen from the moment of birth. For illegitimate children, the law follows the citizenship of the mother. Consequently, a child born out of wedlock to a Filipina mother acquires natural-born Philippine citizenship automatically at birth by blood.
2. Dual Citizenship Origins
Dual citizenship arises either by birth or through subsequent acquisition under foreign laws. Dual citizenship by birth occurs when a child automatically acquires Philippine citizenship under jus sanguinis and foreign citizenship under jus soli or foreign statutes. This form of dual citizenship is involuntary and arises purely by operation of law. It is legally distinct from dual allegiance, which involves a conscious, voluntary act of swearing allegiance to a foreign state, or dual citizenship acquired through voluntary foreign naturalization.
3. Renunciation Rule Scope
Republic Act No. 9225, or the Citizenship Retention and Re-acquisition Act of 2003, requires candidates for elective public office to execute a personal and sworn renunciation of any foreign citizenship. However, as established in Mercado versus Manzano and Yamashita versus Comelec, this renunciation requirement applies exclusively to natural-born Filipinos who lost their citizenship through voluntary foreign naturalization and subsequently re-acquired it under R.A. No. 9225. Dual citizens by birth or operation of law are not required to execute such renunciation.