Question 9, 2018 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

IX

(Question IX, Political Law, 2018 Bar Exam)

In 1990, Agripina migrated to Canada and acquired Canadian citizenship.

In 2008, Agripina retired and returned to the Philippines to permanently reside in her hometown of Angeles, Pampanga. A month after returning to the Philippines, Agripina took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. No. 9225.

In 2009, Agripina filed her certificate of candidacy for Congress for the 2010 elections. Agripina’s political rivals lost no time in causing the filing of various actions to question her candidacy. They questioned her eligibility to run as member of Congress. Since Agripina had to take an oath under R.A. No. 9225, it meant that she needed to perform an act to perfect her Philippine citizenship.

Hence, they claimed that Agripina could not be considered a natural-born citizen. Agripina raised the defense that, having complied with the requirements of R.A. No. 9225, she had reacquired, and was deemed never to have lost, her Philippine citizenship.

Is Agripina disqualified to run for Congress for failing to meet the citizenship requirement? (2.5%)

Suggested Answer:

No. Answer

Under the law and jurisprudence, repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino. Rule

In the case at bar, Agripina was repatriated after she took her oath of allegiance and executed a sworn renunciation of her Canadian citizenship in accordance with R.A. 9225. Accordingly, she regained her former status as a natural-born Filipino. Apply

Thus, Agripina is not disqualified to run for Congress. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

F. Freedom of religion

Frequency: ★★★☆☆ 1. Non-establishment and free exercise clauses Non-establishment and free exercise clauses. No law shall be made respecting an establishment of religion, or prohibiting

C. Separation of powers

Frequency: ★★★★☆ 1. Actual Division in our Constitution The separation of powers is a fundamental principle in our system of government. It obtains not through

E. State immunity

Frequency: ★★★★☆ 1. Concept The State may not be sued without its consent. (Section 3, Article XVI, 1987 Constitution) No suit shall lie against the

4. Retroactive effect of penal laws

Frequency: ★★★★☆ Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal,

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

I. Anti-Trafficking in Persons Act of 2003

Frequency: ★★★★☆ “Trafficking in Persons” – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without

B. Marriage

Marriage – is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of

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