Loss of Citizenship and Citizeship by Election

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  • 7/28/2019 Loss of Citizenship and Citizeship by Election

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    Loss of Citizenship

    Yu v. Defensor Santiago Portuguese passportYus act of applying for a Portuguese passport despite his naturalization as a Philippine citizen and his act of declaring his nationality asPortuguese in commercial documents, constitute an EXPRESS renunciation of his Philippine citizenship acquired through naturalization; Philippine citizenship isnot a commodity or ware to be displayed when required and suppressed when convenient

    Frivaldo v. COMELEC governor-elect of Sorsogon; American citizenship; repatriation Loss of naturalized Philippine citizenship did not and could not have the effect of automaticrestoration of ones Philippine citizenship; mere filing of certificate of candidacy wherein Frivaldo claimed that he is a natural born citizen isnot a sufficient act of repatriation; repatriation requires an express and unequivocal act;

    Labo v. COMELECmayor of Baguio City; Australian citizenship; bigamous marriage Res judicata does not apply to questions of citizenship;

    Modes by which Philippine citizenship may be lost:a. naturalization in a foreign countryb. express renunciation of citi zenshipc. subscribing to an oath of allegiance to support the Constitution or laws of a foreign country; annulment of Labos Australian citizenship as a result of finding thathis marriage to an Australian national was bigamous did not automatically restore his Philippine citizenship; Philippine citizenship may be acquired by direct act ofCongress; by naturalization or by repatriation.

    Aznar v. COMELEC disqualification of Osmea; American citizenship Aznar failed to present direct proof that Osmeahad lost his Filipino citizenship by any of the modes provided by law; The fact the Osmea was both a Filipino and an American does not mean that he is not still a

    Filipino;

  • 7/28/2019 Loss of Citizenship and Citizeship by Election

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    Citizens by election

    Co v. HRET- representative; 2nd District of Samar; election of citizenship The exercise of the right to suffrage and the participation in electionexercises constitute a positive act of election of Philippine citizenship; Any election of Philippine citizenship on the part of Jose Ongwould not only have been superfluous but would also have resulted in absurdity considering that it was the law itself that hadalready elected Philippine citizenship for him.

    In re: Chingpermission to take the lawyers oath; Ching elected Filipino citizenship beyond the required uponreaching the age of majority If the citizenship of a person was subject to challenge under the old charter, it remains subject tochallenge under the new charter even if the judicial challenge had not been commenced before the effectivity of the newConstitution; CA 625 and the 1935 Constitution did not prescribe a time within which the election of Philippine citizenship should bemade; reasonable time; upon reaching the age of majority it was clearly beyond by any reasonable yardstick, the able period toexercise the privilege.