2022 Political Law, Q10

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)

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Is Ayla correct in contending that Lemuel is ineligible to run for Representative due to his American citizenship?

Under Article IV, Section 2 of the 1987 Constitution, who are classified as natural-born citizens of the Philippines?

What is the citizenship status of an illegitimate child born to a Filipino mother and a foreign father?

To whom does the sworn renunciation requirement under Republic Act No. 9225 apply for elective public office?

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How does dual citizenship acquired by birth or operation of law differ from dual allegiance under the Constitution?

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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.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026