QuestionsQuestions (Republic Act No. 3834)
RA 3834 amends the last paragraph of Section 1 of Commonwealth Act No. 63, as amended, specifically regarding when a natural-born Filipino citizen may avoid loss or forfeiture of Philippine citizenship upon acquisition of citizenship abroad.
It amends the last paragraph of Section 1 of Commonwealth Act No. 63, as amended by Republic Acts No. 106 and 2639.
Yes, under the underlying rule in CA 63, but RA 3834 provides an exception that prevents loss/forfeiture in certain cases.
The acquisition of citizenship by a natural-born Filipino citizen from one of the “Iberian and any friendly democratic Ibero-American countries” or from the United Kingdom will not produce loss or forfeiture of Philippine citizenship if reciprocal treatment is granted by the foreign country and it was agreed upon by treaty between the Philippines and that foreign country.
Only natural-born Filipino citizens are expressly covered by the exception.
It references “one of the Iberian and any friendly democratic Ibero-American countries” or from the United Kingdom.
First, the foreign country’s law must grant the same privilege to its citizens (reciprocity). Second, the arrangement must have been agreed upon by treaty between the Philippines and the foreign country.
No. Both reciprocity by the foreign country’s law and an agreement by treaty with the Philippines are required.
The text requires that the privilege and the agreement are “agreed upon by treaty” between the Philippines and the foreign country. Thus, the treaty is a necessary element, and reciprocity must be within that treaty framework.
The exception is limited to the specified countries/regions; therefore, acquisition outside the enumerated jurisdictions would not automatically benefit from RA 3834’s protection.
It prevents “loss or forfeiture” of Philippine citizenship upon acquiring another citizenship in the covered jurisdictions under the stated conditions.
The general rule is found in CA 63 (as amended). RA 3834 does not erase the general rule; it amends the last paragraph of Section 1 to create a specific exception.
It takes effect upon its approval.
The exception would likely not apply because the treaty requirement is not met; therefore, the general rule leading to loss/forfeiture may control.
It signals that despite the general provisions of Section 1 (CA 63), the amended last paragraph creates a controlling exception under the specified circumstances.