CEDAW/C/PHI/5-6
Article 9
Nationality
Equal rights of women and men to acquire, change or retain their nationality
or that of their children
A.
SITUATION OF WOMEN
275. Under the 1987 Constitution Art. IV Sec. 1 (2), any child whose father and mother are citizens
of the Philippines may be recognized as a Filipino citizen under existing laws.
276. The laws on nationality provide equal rights to Filipino women and men to acquire, change or
retain their citizenship or that of their children.
B.
ACTIONS TAKEN
277. Much progress has been made in translating the constitutional provisions on non-discrimination
of women in the acquisition, re-acquisition and retention of citizenship since the last periodic
report. These policies and guidelines considered circumstances and instances where the
nationality of Filipino women should be duly recognized and where they can reacquire their
nationality.
278. With the passage of RA 8171, Filipino women and men who have lost their Philippine
citizenship by marriage to foreigners or on account of political or economic necessity (provided
that s/he is not opposed to the organized government, not teaching or defending violence, and
of good moral and mental standing), may come back to the Philippines to reacquire their
citizenship.
279. In 1999, the Supreme Court, in its decision on an issue of dual citizenship, clarified that women
and men may possess dual citizenship under the following circumstances:
a. When they are born of Filipino fathers and/or mothers in foreign countries which follow the
principle of jus soli;
b. When they are born in the Philippines of Filipino mothers and alien fathers or Filipino
fathers and alien mothers, if by the laws of their alien father or mother’s country, they are
also considered citizens of that country; and
c. When they marry a foreigner, and if by the laws of the husband/wife’s country, they are
considered citizens of that country, unless by their act or omission they are deemed to have
renounced their Filipino citizenship.
280. In 2003, the Philippine government passed a law (Republic Act 9225) that allows the retention
and reacquisition of Filipino citizenship. The law declares that natural-born citizens of the
Philippines who become citizens of another country shall be deemed not to have lost their
Philippine citizenship.
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