Philippine Bar review · Question

Practice question: Dual Citizenship and Dual Allegiance

Multiple Choice Hard

Practice question

A former natural-born Filipino validly reacquires Philippine citizenship. He remains an active commissioned officer in the armed forces of the country where he naturalized and seeks appointment to a Philippine public office. He offers a Philippine oath but refuses to end that active service. Assuming the stated military status is established, which conclusion follows Section 5(5)?
  1. Reacquisition makes the active foreign commission irrelevant.
  2. The statutory restriction prevents exercise of the claimed appointment right while the specified active foreign service continues.
  3. His rank automatically transfers to the Philippine armed forces.
  4. Only the foreign state’s permission matters.
  5. A Philippine oath conclusively erases every other Section 5 condition.

Legal references

  • Republic Act No. 9225, August 29, 2003, Sections 3 and 5: https://lawphil.net/statutes/repacts/ra2003/ra_9225_2003.html

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