Philippine Bar review · Question

Practice question: Dual Citizenship and Dual Allegiance

Multiple Choice Hard Jurisprudence

Practice question

Celso has been a Philippine citizen and a foreign citizen since birth through concurrent descent and birthplace laws. He never lost Philippine citizenship by foreign naturalization. He files for a local elective post, making the declarations and Philippine allegiance undertaking described in Mercado. No voluntary act supporting continuing foreign allegiance is proved. An opponent invokes only Celso's birth-based dual citizenship and insists that Jacot's RA 9225 renunciation rule automatically controls. Which analysis is best?
  1. Celso must first reacquire citizenship he never lost
  2. The opponent's theory improperly treats birth-based dual citizenship as the same statutory situation as citizenship reacquired after foreign naturalization
  3. Celso is necessarily stateless until the election ends
  4. Every person born abroad is barred from local office
  5. The birthplace country alone determines whether Celso may run in the Philippines

Legal references

  • Mercado v. Manzano, G.R. No. 135083, May 26, 1999, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/37660
  • Jacot v. Dal, G.R. No. 179848, November 27, 2008, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48021

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