Title
Amendment on Loss of Philippine Citizenship
Law
Republic Act No. 106
Decision Date
Jun 2, 1947
Republic Act No. 106 amends the provisions on the loss of Philippine citizenship, including naturalization in a foreign country, renunciation of citizenship, and rendering services to a foreign country's armed forces, with exceptions and conditions.

How Philippine citizenship may be lost

  • Commonwealth Act No. 63, Section 1 (as amended by Republic Act No. 106) provides that a Filipino citizen may lose Philippine citizenship through the following enumerated ways/events.
  • Loss occurs under Section 1(1) through naturalization in a foreign country.
  • Loss occurs under Section 1(2) through express renunciation of citizenship.
  • Loss occurs under Section 1(3) through subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more.

War-time protection from divestment

  • Section 1(3) includes a proviso 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.

Oath of allegiance and eligibility constraints

  • Section 1(3) recognizes loss only when the oath of allegiance is subscribed upon attaining twenty-one years of age or more.
  • Section 1(3) prevents divestment during the war-time condition stated in the proviso.

Foreign military service and consent framework

  • Section 1(4) provides that a Filipino may lose citizenship by rendering service to, or accepting commission in, the armed forces of a foreign country.
  • Section 1(4) states a consent-and-conditions structure: the conduct in armed forces of a foreign country, including taking an oath of allegiance incident thereto, shall not divest citizenship if at least one of the listed circumstances exists.
  • Section 1(4)(a) is satisfied when the Republic of the Philippines has a defensive and/or offensive pact of alliance with the foreign country.
  • Section 1(4)(b) is satisfied when the foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines.

Declaration limitation and election disqualification

  • For the protection under Section 1(4)(a) or (b), the Filipino must state that service/commission is done only in connection with service to said foreign country.
  • Section 1(4) requires that any Filipino citizen serving or commissioned under Section 1(4)(a) or (b) shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of service or commission.
  • Section 1(4) provides that upon discharge from the foreign armed forces, the Filipino is automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen.

Other citizenship-loss triggers

  • Section 1(5) provides citizenship loss by cancellation of the certificates of naturalization.
  • Section 1(6) provides citizenship loss when competent authority has declared the person a deserter of the Philippine armed forces in time of war, unless subsequently a plenary pardon or amnesty has been granted.
  • Section 1(7) provides citizenship loss for a woman upon her marriage to a foreigner if, under the laws in force in her husband’s country, she acquires his nationality.

Transitory benefit for prior loss cases

  • Section 2 grants benefits to persons who, prior to approval, lost Philippine citizenship under Commonwealth Act No. 63, but come within the proviso of paragraph (4) of Section 1 of Commonwealth Act No. 63 as amended.
  • Section 2 expressly ties the extended benefit to paragraph (4) of the amended citizenship-loss framework governing foreign armed forces with the stated protective circumstances and conditions.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.