DoJ backs Phl-Spanish citizenship draft treaty

The draft treaty between the Philippines and Spain that would allow natural-born Filipinos to retain their citizenship if they opted to become Spanish nationals has gotten the support of the Department of Justice (DoJ).

In a recent legal opinion, Justice Secretary Jesus Crispin Remulla said that in the event of such a treaty being ratified, Philippine citizenship may not be lost with the acquisition of citizenship from Iberian and Ibero-American countries, as well as that of the United Kingdom.

“Provided that the same (acquisition of a second citizenship) is embodied in a treaty between the Philippines and the country from which the citizenship is acquired,” Remulla said.

The Iberian countries are Portugal and Spain, while Ibero-American countries are those in South America.

The legal opinion was sought by Maria Elena P. Algabre, head of the Office of European Affairs of the Department of Foreign Affairs, as the Philippines and Spain have drafted an “Agreement on Dual Nationality.”

She asked the DoJ if the draft agreement is contrary to the Constitution, Republic Act 9225, the Citizenship Retention and Re-acquisition Act, and Commonwealth Act 3, as amended, which provide a way for Filipinos to lose or reacquire citizenship.

The justice chief said that CA 63 states that “the acquisition of citizenship by a natural-born Filipino citizen from the Iberian and any friendly democratic Ibero-American countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its citizens and such has been agreed upon by a treaty between the Philippines and the foreign country from which the citizenship is acquired.”

He pointed out that “Spain is one such Iberian country, and its law expressly recognizes that Spaniards de origen, who acquire Philippine citizenship will not lose their Spanish nationality.”

“Further, the second paragraph of Article 24(2) of the Spanish Civil Code provides that ‘acquisition of the nationality of Latin American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal shall not be sufficient to cause the loss of Spanish nationality by birth,” Remulla noted.

On the other hand, RA 9225 “allows natural-born Filipino citizens who had lost their Philippine citizenship through naturalization in a foreign country to expeditiously reacquire or retain Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines,” he said.

Remulla explained that entering into the proposed agreement could be said to enhance RA 9225 on the retention of Philippine citizenship.

The DoJ chief added that should the treaty push through, there should be an amendment to the Bureau of Immigration’s Memorandum Circular AFF-o4-01 that serves as the existing procedural rules for implementing RA 9225.