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Pricey PAO,
My cousin simply turned 20 years outdated, and she or he is getting married someday late this yr to her Canadian boyfriend. Each her dad and mom are Filipinos. Although she desires to proceed dwelling right here, she and her fiancé are contemplating transferring to Canada. She simply desires to know if she is a Filipino citizen and if she is going to stay as such as soon as she will get married.
Saree
Pricey Saree,
Philippine citizenship is explicitly supplied underneath our Structure. To be explicit, Article IV of our 1987 Philippine Structure mentions who’re these thought of as Filipino residents:
“Part 1. The next are residents of the Philippines:
“(1) Those that are residents of the Philippines on the time of the adoption of this Structure;
“(2) These whose fathers or moms are residents of the Philippines;
“(3) These born earlier than January 17, 1973, of Filipino moms, who elect Philippine citizenship upon reaching the age of majority; and
“(4) Those that are naturalized in accordance with regulation.
Part 2. Pure-born residents are those that are residents of the Philippines from start with out having to carry out any act to amass or good their Philippine citizenship. Those that elect Philippine citizenship in accordance with paragraph (3), Part 1 hereof shall be deemed natural-born residents.” Since your pal was born of each Filipino dad and mom, and, there showing to be no different causes or components talked about in your letter to contemplate her as a foreigner, it’s submitted that she is a Filipino citizen.
It’s worthy to say {that a} contract of marriage alone doesn’t divest a Filipino of his or her citizenship. That is expressly acknowledged underneath Part 4, Article IV of our 1987 Philippine Structure:
“Part 4. Residents of the Philippines who marry aliens shall retain their citizenship, except by their act or omission they’re deemed, underneath the regulation, to have renounced it.”
Accordingly, your cousin will stay a Filipino citizen even after she will get married to a foreigner. It is just if she does every other overt acts, resembling making use of for and being granted naturalization to a foreigner nation, or any omission that clearly establishes that she has renounced her Philippine citizenship can she be thought of to have misplaced the identical.
We hope that we have been capable of reply your queries. Please be reminded that this recommendation is predicated solely on the information you’ve gotten narrated and our appreciation of the identical. Our opinion might differ when different information are modified or elaborated.
Editor’s observe: Pricey PAO is a each day column of the Public Legal professional’s Workplace. Questions for Chief Acosta could also be despatched to [email protected]
A Filipino who will get married to a foreigner stays a Filipino
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