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This legal opinion seeks to answer your query if the one year old girl,

who was born in the Philippines and whose mother is a Filipina but
her father is an American who also lives in the Philippines, has dual
citizenship.

Citizenship is the status of a person recognized under the custom or


law as being a legal member of a sovereign state or belonging to a
nation.

A person may have multiple citizenships. A person who does not


have citizenship of any state is said to be stateless, while one who
lives on state borders whose territorial status is uncertain is a border-
lander.

Under the 1987 Philippine Constitution, Article IV, Section 1, states


that Philippine citizens are those:

(1) who are citizens of the Philippines at the time of the adoption
of this Constitution;

(2) whose fathers or mothers are citizens of the Philippines;

(3) born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and

(4) who are naturalized in accordance of law

Also, there are two (2) generally recognized forms of acquiring


Philippine citizenship:

1. Filipino by birth

a. Jus soli (right of soil) which is the legal principle that a person’s
nationality at birth is determined by the place of birth (e.g. the
territory of a given state)

b. Jus sanguinis (right of blood) which is the legal principle that,


at birth, an individual acquires the nationality of his/her
natural parent/s. The Philippine adheres to this principle.
2. Filipino by naturalization which is the judicial act of adopting a
foreigner and clothing him with the privileges of a native-born
citizen. It implies the renunciation of a former nationality and
the fact of entrance into a similar relation towards a new body
politic (2Am.Jur.561, par.188).

And pursuant to the Fourteenth Amendment to the United States


Constitution and the Immigration and Nationality Act (INA), U.S.
citizenship is automatically granted to any person born within and
subject to the jurisdiction of the United States (known as jus soli).

With these given provisions, I am certain that the child does not have
dual citizenship base on the definition of citizenship stated in the
Philippine constitution and the Fourteenth Amendment to the United
States Constitution and the Immigration and Nationality Act (INA),
US.

The child is born in the Philippines and her mother is a Filipino.


Following the supremacy of the constitution, the child is Filipino by
jus sanguinis. There is no confusion with the citizenship of the father
because the United States Constitution and INA states that a child is
guaranteed with American citizenship if he is born in the soil of
America regardless of the status of the parents. The child was not
born in America, thus, the girl is not an American citizen. The one
year old girl is a Filipino and does not have dual citizenship.

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