Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990, he married Salvacion, a Mexican, and together they applied for and obtained American citizenship in 2001. In 2015, the couple and their children –Alfred, 21 years of age, Robert, 16, and Marie, 14, who were all born in the U.S. — returned to the Philippines on June 1, 2015. On June 15, 2015, informed that he could reacquire Philippine citizenship without losing his American citizenship, Onofre went home to the Philippines and took the oath of allegiance prescribed under R.A. No. 9225. On October 28, 2015, he filed a Certificate of Candidacy to run in the May 9, 2016 elections for the position of Congressman in his home province of Pala wan, running against re-electionist Congressman Profundo.
[a] Did Onofre’s reacquisition of Philippine citizenship benefit his wife, Salvacion, and their minor children and confer upon them Filipino citizenship? Explain your answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo’s lawyer filed a Petition to Deny Due Course or to Cancel the Certificate of Candidacy against Onofre. What grounds can he raise in his Petition to support it? Explain your answer. (2.5%)
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[a] Reacquisition benefits only minor children Robert and Marie, not wife Salvacion or adult son Alfred. [b] Onofre's Certificate of Candidacy (COC) may be canceled for non-renunciation of US citizenship and lack of 1-year residency. Sec. 4,
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Quick check
Under Republic Act No. 9225, who among the following qualifies for derivative Philippine citizenship upon a parent's reacquisition of citizenship?
Section 4 of Republic Act No. 9225 explicitly limits derivative citizenship to unmarried children below eighteen years of age at the time of the parent's reacquisition of Philippine citizenship.
What requirement must a dual citizen under Republic Act No. 9225 fulfill at or prior to filing a Certificate of Candidacy for elective public office?
Section 5(2) of Republic Act No. 9225 mandates that dual citizens seeking elective office must make a personal and sworn renunciation of foreign citizenship before an officer authorized to administer oaths.
Under Article VI, Section 6 of the 1987 Philippine Constitution, what is the residency requirement for a candidate for Member of the House of Representatives?
Article VI, Section 6 of the 1987 Constitution requires a candidate for Member of the House of Representatives to be a resident of the district for at least one year immediately preceding the day of the election.
Why did Onofre's reacquisition of Philippine citizenship under Republic Act No. 9225 fail to confer citizenship upon his wife Salvacion?
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Under Section 78 of the Omnibus Election Code, what is the proper ground for a petition to cancel a Certificate of Candidacy?
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Learn more about these topics
1. Derivative Citizenship
Under Section 4 of Republic Act No. 9225, derivative Philippine citizenship is extended only to unmarried children below eighteen years of age of former natural-born Filipinos who reacquire or retain their Philippine citizenship. The benefit does not extend automatically to foreign spouses or adult children. Consequently, minor children reacquire citizenship by operation of law upon the parent's compliance with the oath requirement, while alien spouses must undergo separate naturalization or registration proceedings, and adult children must independently acquire citizenship through applicable statutory modes.
2. Renunciation Requirement
Under Section 5(2) of Republic Act No. 9225, former natural-born Filipino citizens who reacquire Philippine citizenship and seek elective public office must execute a personal and sworn renunciation of any and all foreign citizenships before an authorized public officer at or prior to filing the certificate of candidacy. The mere taking of the oath of allegiance under Section 3 or the act of filing a certificate of candidacy does not substitute for this mandatory sworn statement of renunciation. Failure to execute a proper renunciation renders the candidate ineligible to hold elective public office.
3. Constitutional Residency
Article VI, Section 6 of the 1987 Philippine Constitution requires candidates for the House of Representatives to be registered voters in the district in which they shall be elected and residents thereof for a period of not less than one year immediately preceding the day of the election. For election law purposes, residence is synonymous with legal residence or domicile, which requires bodily presence coupled with an intention to remain and abandon the prior foreign domicile. Returning to the country less than one year before election day fails to satisfy this residency qualification.