Q. What are the common instances of dual citizenship that may frequently apply to Filipino citizens?
A. The most common example of dual citizenship is when a child whose parents are citizens of a country which uses the Jus Sanguinis Principle (blood principle) is born in another country which uses the Jus Soli Principle. (soil) Under the Jus Sanguinis Principle (which is observed in the Philippines), the child’s citizenship follows that of its parents, while under the Jus Soli Principle (which is followed in the United States of America), the child is conferred citizenship of the country where it was born regardless of the nationality of its parents. Thus, a child of Filipino parents born in the United States of America is both a Filipino citizen and an American citizen.
Q. Does a Filipino woman who marries a non Filipino lose her Philippine citizenship upon the marriage?
A. It depends. The loss or retention of Philippine citizenship by a Filipina marrying a non Filipino depends on the laws of the Philippines and that of the husband’s country.
Before the 1973 Constitution, the Filipino woman lost her Philippine citizenship if by virtue of the laws of the husband’s country, she acquires his nationality.
Under the 1973 Constitution, the Filipina retains her citizenship, unless there is an act or omission on her part which may be considered as one of the ways of losing Philippine citizenship under Philippine law (renunciation, naturalization, taking an oath of allegiance and joining the armed forces of the other country). This rule, which has also been retained in the 1987 Constitution, is now the prevailing rule.
Q. Does this rule apply to a Filipino male who marries a non Filipino?
A. Under the 1935 and 1973 constitutions, it only applied to the Filipino woman. Under the 1987 Constitution, it made the rule applicable to male or female Filipinos marrying non-Filipinos.
Q. Does a non Filipino woman who marries a Filipino man acquire Philippine citizenship?
A. Yes, but it is not automatic, in the sense that the non Filipino wife still has to prove in proceedings that she has none of the disqualifications in becoming a Philippine citizen. The non-Filipino wife in this case who wishes to acquire Philippine citizenship has to file a petition with the Bureau of Immigration in the Philippines.
...To be continued