Republic Act No. 9225 August 29, 2003: 1 - Conflict of Laws Midterm1
Republic Act No. 9225 August 29, 2003: 1 - Conflict of Laws Midterm1
9225
Section 1. Short Title this act shall be known as the "Citizenship Retention and
Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that
all Philippine citizens of another country shall be deemed not to have lost their
Philippine citizenship under the conditions of this Act.
"I _____________________, solemny swear (or affrim) that I will support and defend
the Constitution of the Republic of the Philippines and obey the laws and legal
orders promulgated by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto; and that I imposed
Natural born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippine citizenship upon
taking the aforesaid oath.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire
Philippine citizenship under this Act shall enjoy full civil and political rights and be
subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the
requirements under Section 1, Article V of the Constitution, Republic Act No. 9189,
otherwise known as "The Overseas Absentee Voting Act of 2003" and other
existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for
holding such public office as required by the Constitution and existing laws and,
at the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized
to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of
allegiance to the Republic of the Philippines and its duly constituted authorities
prior to their assumption of office: Provided, That they renounce their oath of
allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with
the proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which
they are naturalized citizens; and/or
Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.
Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or two (2) newspaper of general
circulation.
years of age, able to read and write, a registered voter, and a resident of
the Philippines for not less than two years immediately preceding the day
of the election.
Section 4. The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election. No Senator shall serve for more than
two consecutive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of his
service for the full term of which he was elected.
Section 5.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Within three years following the return of every census, the Congress shall
make a reapportionment of legislative districts based on the standards
provided in this section.
Section 12. All Members of the Senate and the House of Representatives
shall, upon assumption of office, make a full disclosure of their financial
and business interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.
Section 15. The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different date is fixed by
law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The President may
call a special session at any time.
Section 16.
The Senate shall elect its President and the House of Representatives, its
Speaker, by a majority vote of all its respective Members. Each House
shall choose such other officers as it may deem necessary.
Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.
Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
Neither House during the sessions of the Congress shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two Houses shall be sitting.
Section 17. The Senate and the House of Representatives shall each have
an Electoral Tribunal which shall be the sole judge of all contests relating
to the election, returns, and qualifications of their respective Members.
Each Electoral Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties and the
Section 22. The heads of departments may, upon their own initiative, with
the consent of the President, or upon the request of either House, as the
rules of each House shall provide, appear before and be heard by such
House on any matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the Speaker of the
House of Representatives at least three days before their scheduled
appearance. Interpellations shall not be limited to written questions, but
may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.
Section 20. The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance with law, and such
books shall be audited by the Commission on Audit which shall publish
annually an itemized list of amounts paid to and expenses for each
Member.
Section 23.
Section 25.
If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.
Section 26.
The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for other departments
and agencies.
Every bill passed by the Congress shall embrace only one subject which
shall be expressed in the title thereof.
No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final
form have been distributed to its Members three days before its passage,
except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays entered in
the Journal.
Section 27.
The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the
item or items to which he does not object.
Section 28.
The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
8 | CONFLICT OF LAWS MIDTERM1
The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the national development
program of the Government.
Section 29.
All money collected on any tax levied for a special purpose shall be
treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
Section 32. The Congress shall, as early as possible, provide for a system
of initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local legislative body after
the registration of a petition therefor signed by at least ten per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters
thereof.
Section 1. Title of Act. This Act shall be known and may be cited as the
"Revised Naturalization Law."
First. He must be not less than twenty-one years of age on the day of the
hearing of the petition;
Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative
trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one
of the principal Philippine languages; and
Sixth. He must have enrolled his minor children of school age, in any of
the public schools or private schools recognized by the Office of Private
Education1 of the Philippines, where the Philippine history, government
and civics are taught or prescribed as part of the school curriculum, during
the entire period of the residence in the Philippines required of him prior
to the hearing of his petition for naturalization as Philippine citizen.
Persons who, during the period of their residence in the Philippines, have
not mingled socially with the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and ideals of the
Filipinos;
Citizens or subjects of nations with whom the United States 2and the
Philippines are at war, during the period of such war;
granting the petition, and the name of the judge who rendered the
decision. A photograph of the petitioner with the dry seal affixed thereto
of the court which granted the petition, must be affixed to the certificate.
Section 10. Hearing of the petition.No petition shall be heard within the
thirty days preceding any election. The hearing shall be public, and the
Solicitor-General, either himself or through his delegate or the provincial
fiscal concerned, shall appear on behalf of the Commonwealth11 of the
Philippines at all the proceedings and at the hearing. If, after the hearing,
the court believes, in view of the evidence taken, that the petitioner has
all the qualifications required by, and none of the disqualifications
specified in this Act and has complied with all requisites herein
established, it shall order the proper naturalization certificate to be issued
and the registration of the said naturalization certificate in the proper civil
registry as required in section ten of Act Numbered Three thousand seven
hundred and fifty-three.12
Section 13. Record books.The clerk of the court shall keep two books;
one in which the petition and declarations of intention shall be recorded in
chronological order, noting all proceedings thereof from the filing of the
petition to the final issuance of the naturalization certificate; and another,
which shall be a record of naturalization certificates each page of which
shall have a duplicate which shall be duly attested by the clerk of the
court and delivered to the petitioner.
Section 14. Fees.The clerk of the Court of First Instance shall charge as
fees for recording a petition for naturalization and for the proceedings in
connection therewith, including the issuance of the certificate, the sum of
thirty pesos.
The Clerk of the Supreme Court17 shall collect for each appeal and for the
services rendered by him in connection therewith, the sum of twenty-four
pesos.
Minor children of persons naturalized under this law who have been born
in the Philippines shall be considered citizens thereof.
Section 19. Penalties for violation of this Act.Any person who shall
fraudulently make, falsify, forge, change, alter, or cause or aid any person
to do the same, or who shall purposely aid and assist in falsely making,
forging, falsifying, changing or altering a naturalization certificate for the
purpose of making use thereof, or in order that the same may be used by
another person or persons, and any person who shall purposely aid and
assist another in obtaining a naturalization certificate in violation of the
provisions of this Act, shall be punished by a fine of not more than five
thousand pesos or by imprisonment for not more than five years, or both,
and in the case that the person convicted is a naturalized citizen his
certificate of naturalization and the registration of the same in the proper
civil registry shall be ordered cancelled.
Section 23. Date when this Act shall take effect.This Act shall take effect
on its approval.