ON DUAL CITIZENSHIP
By
Tito Guingona

 THERE ARE ALMOST EIGHT MILLION OVERSEAS FILIPINO WORKERS ABROAD.  MANY OF THEM WANT DUAL CITIZENSHIP.  THEY WERE BORN FILIPINO WITH AN INNATE DESIRE TO REMAIN FILIPINO.  THEY RELISH SINIGANG OR ADOBONG MANOK AND OTHER NATIVE FOODS LACED WITH BAGOONG OR PATIS.  THEY LOVE A FINE TUNE, STRUM A GUITAR WITH GUSTO OR SING AN OLD KUNDIMAN – CHARACTERISTICALLY ‘PANG ROMANZA’.  THEY ARE ALSO TYPICALLY DEVOTED AND GO TO CHURCH ON SUNDAYS TO KEEP THE FAITH.  MOST HAVE DREAMS OF COMING BACK AND RETIRING HERE.  BUT MANY – ESPECIALLY THOSE WHO HAVE RESIDED ABROAD FOR SOME TIME – UNDERSTANDABLY WANT TO ACQUIRE CITIZENSHIP IN THE PLACES WHERE THEY LIVE AND WORK.

 THIS AND THE QUEST FOR ABSENTEE VOTING ARE THE GOALS THEY INVARIABLY ASK FOR.  THEY ARE VALID ASPIRATIONS WHOSE TIME HAS COME.

 DUAL CITIZENSHIP IS POSSIBLE.  MANY NATIONS RECOGNIZE IT – AND OUR OWN CONSTITUTION IMPLIEDLY SANCTIONS IT.  WHEN A FILIPINA MARRIES AN IRANIAN NATIONAL, FOR EXAMPLE, SHE FOLLOWS THE NATIONALITY OF THE HUSBAND.  AS A MATTER OF FACT AFTER THE REGISTRY OF MARRIAGE – THEY ISSUES HER AN IRANIAN PASSPORT.  YET OUR OWN CONSTITUTION DECREES THAT SHE REMAINS A FILIPINA AND DOES NOT LOSE HER PHILIPPINE CITIZENSHIP BY VIRTUE OF MARRIAGE TO A FOREIGNER, UNLESS BY SME POSITIVE ACT OF OMISSION SHE RENOUNCES HER PHILIPPINE CITIZENSHIP.

 OUR CONSTITUTION ALSO PRESCRIBES THAT A CHILD BORN OF A FILIPINO FATHER OR MOTHER IS A FILIPINO.  BUT IF THAT CHILD IS BORN ABROAD, SAY IN THE UNITED STATES, THEN HE OR SHE IS CONSIDERED BY U.S. LAW AN AMERICAN.  SO THE CHILD IS BOTH FILIPINO AND AMERICAN.  NO NEED TO ELECT OR CHOOSE UPON REACHING THE AGE OF MAJORITY.  NO NEED OF ANY FURTHER PROCESS.  HE OR SHE IS BOTH FILIPINO AND AMERICAN.  IN THE EYES OF THE PHILIPPINES --–ILIPINO.  BY AMERICAN LAW FOLLOWING THE BIRTH ON AMERICAN SOIL – AMERICAN.  DUAL CITIZENSHIP.

 EVEN A FILIPINO WHO BECOMES A NATURALIZED CITIZEN OF A FOREIGN COUNTRY, THEREBY LOSING NATIVE CITIZENSHIP BECAUSE HE EXPRESSLY RENOUNCES THE SAME PURSUANT TO OUR LAWS IS STILL ACCORDED SOME RIGHTS.  THE GENERAL RULE STATES THAT A FILIPINO WHO LOSES CITIZENSHIP IN FAVOR OF ANOTHER COUNTRY LIKE NATURALIZATION CAN NO LONGER ENJOY POLITICAL RIGHTS LIKE THE RIGHT TO RUN FOR PUBLIC OFFICE OR THE ECONOMIC RIGHT TO EXPLOIT NATURAL RESOURCES.  YET A NATURAL BORN FILIPINO WHO HAS LOST CITIZENSHIP CAN STILL OWN PRIVATE LANDS HERE PURSUANT TO LAW.

 THERE REMAIN PROBLEMS CURRENTLY BEING ADDRESSED AMONG OTHERS BY SEVERAL PENDING BILLS IN BOTH HOUSES OF CONGRESS.  THE MEN AND WOMEN IN GOVERNMENT, IN THE ACADEME, RELIGIOUS AND CIVIC LEADERS SHOULD VOICE THEIR RESPONSES TO THE CHALLENGES OF DUAL NATIONALITIES.

 THE CONSTITUTION SAYS IN SECTION FIVE OF ARTICLE FOUR THAT DUAL ALLEGIANCE OF CITIZENS IS INIMICAL TO NATIONAL INTEREST AND SHALL BE DEALT WITH BY LAW.

 RIGHTLY SO – FOR A MAN CANNOT SERVE TWO MASTERS.  AND A FILIPINO CITIZEN OWES ALLEGIANCE TO THE PHILIPPINES.  BUT DUAL ALLEGIANCE IS NTO NECESSARILY DUAL CITIZENSHIP.  THE FIRST IS FIDELITY TO THE STATE, THE SECOND IS MEMBERSHIP THEREIN.  WHEN A FILIPINO BECOMES NATURALIZED IN ANOTHER COUNTRY, HE BECOMES A MEMBER OF THAT NEW COUNTRY OF HIS CHOICE.  HE NOW OWES ALLEGIANCE TO THE SAME, AND NO LONGER HAS OBLIGATIONS OF FIDELITY TO THE PHILIPPINES.  THE SITUATION IS CLEAR.
 
 THE PROBLEM ARISES WHEN A PERSON IS GRANTED TWO CITIZENSHIPS – NOT BY CHOICE AS IN NATURALIZATION TO ANOTHER NATION – BUT BY VIRTUE OF BASIC LAWS VESTING HIM WITH CITIZENSHIP IN TWO COUNTRIES, LIKE A FILIPINO BORN IN THE UNITED STATES.  WHERE DOES HIS ALLEGIANCE GO?  NOT SO MUCH IN TIME OF PEACE WHEN BOTH NATIONS ARE FRIENDS AND ALLIES.  BUT WHAT IF WAR BREAKS BETWEEN THE TWO NATIONS – TO WHICH COUNTRY WILL HE GIVE ALLEGIANCE TO?

 THERE IS AN AMUSING STORY ABOUT PHILIPPINE – U.S. RELATIONS.  IN THE WAKE OF WAR THE U.S. RESTORED OUR INDEPENDENCE ON JULY 4, 1946.  AFTER DIOSDADO MACAPAGAL ASSUMED THE PRESIDENCY OF THE LAND IN 1961 HE CHANGED THE INDEPENDENCE DATE TO JUNE 12 IN KEEPING WITH THE ORIGINAL HISTORIC EVENT IN 1898.  SOME MEMBERS IN THE CABINET MISCHIEVOUSLY REMARKED THAT THIS COULD INCUR THE IRE OF THE U.S.  ONE THING COULD LEAD TO ANOTHER AND ULTIMATELY MEAN WAR BETWEEN THE TWO NATIONS.  AND THE PROBLEM IN THAT EVENT WOULD BE – NOT IF WE LOSE – BUT IF WE WIN!

 BUT TO GO BACK TO DUAL ALLEGIANCE.  IN CASES WHERE A PERSON HAS DUAL CITIZENSHIP NOT BY CHOICE BUT BY LAW – IT SEEMS PERTINENT AND PRACTICAL TO LEAVE THE QUESTION OF ALLEGIANCE TO HIS DISCRETION.  IN THE INSTANCE WHERE A PERSON IS BOTH A FILIPINO AND AMERICAN CITIZEN AND WAR BREAKS OUT BETWEEN THE TWO NATIONS, HE CAN EXERCISE SEVERAL OPTIONS: DO NOTHING, ENLIST AND FIGHT FOR EITHER COUNTRY, OR BE AN ADVOCATE FOR PEACE.  A LOT REALLY DEPENDS ON CIRCUMSTANCES.  IF THE SUBJECT PERSON RESIDES HERE, HE WOULD PROBABLY TAKE UP ARMS IN DEFENSE OF THE PHILIPPINES.  IF HE RESIDES IN THE U.S. HE WOULD PROBABLY DO THE SAME FOR AMERICA OR STAY NEUTRAL AS A PRUDENT CHOICE.

 AT ANY RATE THE LAW ON DUAL CITIZENSHIP SHOULD BE COMPLEMENTED BY A BILATERAL OR INTERNATIONAL TREATY SO THAT CHALLENGES LIKE THIS CAN BE RESOLVED.  NO ACCOUNTABILITY FOR TREASON?  WHAT OF THOSE WHO LEAVE ONE COUNTRY TO SEEK ASYLUM IN THE OTHER?  WHAT RIGHTS DO THEY POSSESS?  THE LAW AND COMPLEMENTARY TREATY CAN COMPREHENSIVELY RESPOND.

 THERE EXIST OTHER PROBLEMS BUT MINOR COMPARED TO THE WAR SCENARIO.  THERE IS A CASE OF A FILIPINA MARRIED TO AN IRANIAN.  SHE IS GIVEN AN IRANIAN PASSPORT, BUT BECAUSE SHE REMAINS FILIPINA SHE IS ENTITLED TO A PHILIPPINE PASSPORT.  WHAT IF THE IRANIAN GOVERNMENT FOR SOME REASON CONFISCATES HER IRANIAN PASSPORT – WILL THEY RECOGNIZE HER PHILIPPINE PASSPORT?  WHAT RIGHTS CAN SHE INVOKE?

 THERE IS THE PROBLEM OF THE POLITICAL RIGHTS FOR THOSE VESTED WITH DUAL CITIZENSHIP.  CAN, FOR EXAMPLE, A FILIPINO-AMERICAN CAMPAIGN AND VOTE DURING ELECTIONS?  CAN HE RUN FOR PUBLIC OFFICE?  IF HE IS ALLOWED TO VOTE AND RUN FOR PUBLIC OFFICE HERE, ASSUMING HE POSSESES THE NEEDED QUALIFICATIONS, INCLUDING RESIDENCY – CAN HE ALSO VOTE AND RUN FOR PUBLIC OFFICE IN AMERICA, ASSUMING HE MEETS THE NEEDED LEGAL QUALIFICATIONS THERE?  WHAT IF HE RUNS AND WINS A SEAT IN THE SENATE IN EITHER COUNTRY AND TAKES HIS OATH OF OFFICE, WHAT EFFECT WILL THE SAME HAVE ON DUAL CITIZENSHIP?

 WHAT OF ECONOMIC RIGHTS TO DEVELOP NATURAL RESOURCES.  CAN A FILIPINO BORN IN THE U.S., WHO GROWS UP IN SILICON VALLEY, BUILDS A FORTUNE THERE LIKE BILL GATES – AND COMES BACK HERE TO EXPLOIT THE NATION’S NATURAL RESOURCES?  THE LESSONS OF CHINA COME TO MIND.  AT THE TURN OF THE EARLY YEARS OF THE TWENTIETH CENTURY, CHINA WAS STRICKEN BY POVERTY AND MANY OF HER PEOPLE – ESTIMATED AT MORE THAN THIRTY MILLION LEFT THE HOMELAND TO SEEK A BETTER LIFE IN OTHER LANDS.  TODAY MANY OF THEM FROM FATHER TO SONS HAVE BECOME RICH IN MANY COUNTRIES – MALAYSIA, INDONESIA, THE PHILIPPINES, AND THEY RETURN TO CHINA WITH INVESTMENTS.  EVEN AS WE WRITE TODAY, MANY FILIPINOS ARE DOING WELL, GIVING US A SOUCE OF PRIDE FOR ACUMEN AND ABILITY.

 SO DUAL CITIZENSHIP HAS PROBLEMS – BUT WITH SOLUTIONS.  IT IS A CHALLENGE WHOSE TIME HAS COME.  LET US HELP OUR OFWs ABROAD BY ENACTING THE NEEDED LEGISLATION, WORKING FOR THE REQUIRED TREATIES.  MABUHAY ANG OFW!