General Principles in Dealing with

Conflict of Nationality of Laws

• Hague Convention – 1930
Article 1:
It is for each State to determine under its own law who
are to be recognized by other States in so far as it is
consistent with international conventions, international
custom, and the principles of law generally recognized with
regard to nationality.
 Article 2:
Any question as to whether a person possesses the
nationality of a particular State shall be determined in
accordance with the law of that State.
 Article 3:
Subject to the provisions of the present Convention, a
person having two or more nationalities may be regarded
as its nationality by each of the States whose nationality he
possesses.

 Article 4:
A State may not afford diplomatic protection to one of its
nationals against a State whose nationality such person
also possesses.
 Article 5:
Within a third State, a person having more than one nationality
shall be treated as if he had only one. Without prejudice to the
application of its law in matters of personal status of any
conventions in force, a third State shall, of the nationalities
which any such person possess, recognize exclusively in its
territory either the nationality of the country in which he is
habitually and principally resident, or the nationality of the
country with which in the circumstances he appears to be in fact
most closely connected.
 Article 6:
Without prejudice to the liberty of State to accord wider
rights to renounce its nationality, a person possessing two
nationalities acquired without any voluntary act on his part
may renounce one of them with authorization of State whose
nationality he desires to surrender.

This authorization may not be refused in the case of a person

who has his habitual and principal residence abroad, if the
conditions laid down in the law of the State whose
nationality he desires to surrender are satisfied.
 SUMMARY:
States shall determine who shall be its nationals or
citizens;

Dual and/or Multiple citizenship;

-Through naturalized citizen’s failure to
comply with certain legal requirements in the
country of origin
-May arise upon application of jus soli
and jus sanguinis principles
-Legislative act of states
-Voluntary act of individual concerned
Renunciation of citizenship
Upon authorization of the State whose nationality
he desires to surrender

• What is the nationality of a foundling?

(Grace Poe-Llamanzares v. Comelec)
 Philippine law counterpart:
(Nationality Theory)
• Article 15, Civil Code:
Laws relating to family rights and duties, or to
status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though
living abroad.

*A Filipino, wherever he may go, is governed by laws

of the Philippines relating to family rights, duties,
status, conditions and legal capacity.
*Applies not only to Filipinos living abroad but also
to foreigners living in the Philippines
 Citizenship under US laws
• Citizen at birth
– Individual must be born in the United States or its
certain territories or outlying possessions, and
subject to jurisdiction of United States; or

– Individual is born with parent or parents who were

US citizens at the time of birth, if born abroad
1. Born abroad in wedlock to two US citizen Parents
2. Born abroad in wedlock to US citizen and an alien
3. Born abroad out of wedlock to US citizen (father)
4. Born abroad out of wedlock to US citizen (mother)
 Born abroad in wedlock to US citizen and an
alien

A person born abroad in wedlock to a U.S. citizen and an

alien acquires U.S. citizenship at birth if the U.S. citizen
parent has been physically present in the United States
or one of its outlying possessions prior to the person’s
birth for the period required by the statute in effect
when the person was born (INA 301(g), formerly INA
301(a)(7).)
 For birth on or after November 14, 1986, the U.S. citizen
parent must have been physically present in the United
States or one of its outlying possessions for five years prior
to the person’s birth, at least two of which were after the
age of fourteen. For birth between December 24, 1952
and November 13, 1986, the U.S. citizen parent must have
been physically present in the United States or one of its
outlying possessions for 10 years prior to the person’s
birth, at least five of which were after the age of 14 for the
person to acquire U.S. citizenship at birth. The U.S. citizen
parent must be the genetic or the gestational parent and
the legal parent of the child under local law at the time
and place of the child’s birth to transmit U.S. citizenship.
 Birth abroad out of wedlock
To a US Citizen Father: To a US Citizen Mother:
• A person born abroad out-of-wedlock to a U.S.
citizen father may acquire U.S. citizenship under
Section 301(c) or 301(g) of the INA, as made A person born abroad out-of-wedlock
applicable by the “new” Section 309(a) of the to a U.S. citizen mother and alien
INA if: father on or before June 11, 2017,
• A blood relationship between the person and
may acquire U.S. citizenship under
the father is established by clear and convincing
evidence; Section 309(c) of the INA if the mother
• The father had the nationality of the United was a U.S. citizen at the time of the
States at the time of the person’s birth; person’s birth and if the mother was
• The father (unless deceased) has agreed in physically present in the United States
writing to provide financial support for the
person until the person reaches the age of 18
or one of its outlying possessions for a
years, and continuous period of one year prior to
• While the person is under the age of 18 years -- the person’s birth.
• the person is legitimated under the law of
his/her residence or domicile,
• the father acknowledges paternity of the person
in writing under oath, or
• the paternity of the person is established by
adjudication of a competent court
• Citizen after birth
– Naturalization
You May Qualify for Naturalization if:
• You have been a permanent resident for at least 5 years
and meet all other eligibility requirements.
• You have been a permanent resident for 3 years or more
and meet all eligibility requirements to file as a spouse of
a U.S. citizen.
• You have qualifying service in the U.S. armed forces and
meet all other eligibility requirements.
• Your child may qualify for naturalization if you are a U.S.
citizen, the child was born outside the U.S., the child is
currently residing outside the U.S., and all other eligibility
requirements are met.
RA 9225: Citizenship Retention and Re-
acquisition Act
• Coverage:
• How can Philippine citizenship be reacquired
by a Filipino who has been naturalized as
citizen of a foreign country?
• What rights and privileges shall they enjoy?