DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS Loss Relevant Laws Loss and Re-Acquisition of Citizenship Act (CA 63) 1. 2. 3. Existing Rules 4. 5. 6. 7. By naturalization in a foreign country; By express renunciation of citizenship; By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining 21 years of age or more; By accepting commission in the military, naval or air service of a foreign country; By cancellation of the certificate of naturalization; By having been declared, by competent authority, a deserter of the Philippine army, navy or air corps in time of war, unless subsequently a plenary pardon or amnesty has been granted; or In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her husband’s country, she acquires his nationality.64 Retention, Re-acquisition, and Repatriation Relevant Laws Loss and Re-Acquisition of Citizenship Act (CA 63) Citizenship Retention and Re-acquisition Act of 2003 (RA 9225) Citizenship Repatriation Act (RA 8171) Office of the Solicitor General (OSG)65 Competent Authority By direct act of the Congress of the Philippines66 Commissioner of Immigration Philippine Embassy or Consulate, who shall forward the entire records to the Commissioner of Immigration Under CA 63, re-acquisition is by naturalization, repatriation or direct act of the National Assembly Existing Rules RA 9225 provides for the retention or reacquisition of citizenship for natural-born citizens who naturalize in a foreign country, permitting dual nationality upon taking the oath of allegiance (and for their children below the age of 18). RA 8171 facilitates repatriation and re-acquisition of nationality for women who have lost their nationality through marriage to a foreigner under CA 63, by taking the necessary oath of allegiance and registration in the civil registry and Bureau of Immigration In Commonwealth of the Philippines v. Gloria Baldello, G.R. No. L-45375, 12 April 1939 (The court found that where the spouse was a stateless individual, “there being no new citizenship imposed upon her by marriage, nothing could have divested her of her original citizenship, and, therefore, her Philippine citizenship remained unchanged. The general rule that a married woman follows the nationality of her husband presupposes a nationality in the husband. Where no such nationality exists, the rule does not apply.”). 64 65 Executive Order No. 292, Administrative Code of 1987, Book IV, Title III, Chapter 12-Office of the Solicitor General, Section 35(4). 66 Commonwealth Act 63, Section 2(3), “Citizenship may be reacquired: …(3) By direct act of the National Assembly.” UNHCR / April 2021 25