QuestionsQuestions (IRR of Republic Act No. 11210)
RA 106 amends CA No. 63, Section 1, enumerating loss of citizenship in seven ways: (1) naturalization in a foreign country; (2) express renunciation; (3) subscribing to an oath of allegiance to support the constitution/laws of a foreign country at age 21 or more (with war-prohibition); (4) rendering service/accepting commission in the armed forces of a foreign country (with consent-of-Philippines and provisos); (5) cancellation of certificates of naturalization; (6) being declared a deserter of the Philippine armed forces in time of war unless later granted plenary pardon or amnesty; and (7) in the case of a woman, upon marriage to a foreigner if her husband’s country laws make her acquire that nationality.
The oath of allegiance to a foreign constitution or laws must be subscribed to upon attaining twenty-one (21) years of age or more.
No. The statute provides that a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.
It must be done with the consent of the Republic of the Philippines; additionally, it must fall within the listed circumstances (a) or (b) and meet the related requirements stated in the provisos.
(a) The Philippines has a defensive and/or offensive pact of alliance with the foreign country; or (b) the foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines.
At the time of rendering said service or accepting said commission, and taking the oath of allegiance incident thereto, the Filipino must state that he does so only in connection with his service to that foreign country.
He is not permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service or commission in the foreign armed forces.
Upon discharge, the Filipino is automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen.
It is expressly listed as paragraph (5): loss occurs by cancellation of the certificates of naturalization.
Loss occurs when a person is declared a deserter of the Philippine armed forces in time of war, unless later a plenary pardon or amnesty has been granted.
The law recognizes express renunciation as a mode of loss; it must be an explicit renouncement of Philippine citizenship.
Loss occurs by naturalization in a foreign country.
It provides a gender-specific rule applicable “in the case of a woman”: upon her marriage to a foreigner, if under the laws in force in the husband’s country she acquires his nationality, she loses Philippine citizenship.
Although RA 106 took effect upon approval, its benefits accrue to persons who, prior thereto, lost Philippine citizenship under CA No. 63 but now fall under the proviso in paragraph (4) of Section 1 as amended (i.e., those covered by the armed-forces retention exceptions).
No. The provisos require that rendering service or acceptance of commission in the foreign armed forces be done with the consent of the Republic of the Philippines; without that consent, the general rule in paragraph (4) leads to loss of citizenship.
It is a mandatory condition to qualify for the retention of Philippine citizenship under the provisos for service/commission scenarios under (a) alliance or (b) armed forces on Philippine territory with consent.
It enumerates specific modes/events (numbered paragraphs (1) to (7)) and includes provisos that limit or qualify consequences in particular circumstances—especially for oaths of allegiance during war and for armed-force service with consent and alliance/territory conditions—so analysis typically follows the relevant paragraph and its provisos.