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University of San Jose-Recoletos School of Law

Gabby Lopez was born in Boston in 1952 to a Filipino father, making him a natural-born citizen of the Philippines under its jus sanguinis principle of citizenship by blood. However, as he was born on US soil, he also acquired US citizenship under their jus soli principle of citizenship by birthplace. While some argue dual citizenship implies divided allegiance, Philippine law does not require renouncing other citizenships unless citizenship was voluntarily acquired later. As Lopez's dual citizenship was involuntary and he retains all rights of a Filipino citizen, his Philippine citizenship remains intact regardless of also holding a US passport.

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118 views1 page

University of San Jose-Recoletos School of Law

Gabby Lopez was born in Boston in 1952 to a Filipino father, making him a natural-born citizen of the Philippines under its jus sanguinis principle of citizenship by blood. However, as he was born on US soil, he also acquired US citizenship under their jus soli principle of citizenship by birthplace. While some argue dual citizenship implies divided allegiance, Philippine law does not require renouncing other citizenships unless citizenship was voluntarily acquired later. As Lopez's dual citizenship was involuntary and he retains all rights of a Filipino citizen, his Philippine citizenship remains intact regardless of also holding a US passport.

Uploaded by

Pring Sum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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University of San Jose-Recoletos

School of Law
CONSTITUTIONAL LAW REVIEW (7044)
Prof: Judge Estela Alma Singco-Caruso

Name: APRIL B. SUMALINOG Date: September 19, 2020

A COMMENT regarding the “CITIZENSHIP OF GABBY LOPEZ”

The video clip was about senate hearing on how House Deputy Speaker Rodante
Marcoleta asked Gabby Lopez to prove his Filipino citizenship when he was only issued a
Certificate of Recognition by the Bureau of Immigration.

The 1987 Constitution provides that, one becomes a Filipino either by birth or by
naturalization. For a person to become a citizen by birth, the Constitution requires that either
the mother or the father must be Filipino. This means that citizenship is a consequence of
paternity or maternity, regardless of where one is born or the circumstances of one’s birth. In
law, this is called jus sanguinis, a Latin term for “right of blood”. Prior to the 1987 Constitution,
the 1973 and 1935 constitutions also adopted the jus sanguinis principle. Their main difference
from the present charter is their provision that only the male parent could transmit his
citizenship. The past constitutions say, “[T]hose whose fathers are citizens of the Philippines”
are considered citizens of the Philippines, without mention of the mother.

In the case of Mr. Gabby Lopez, he was born in Boston in August 1952, under the
regime of the 1935 Constitution. By virtue of its jus sanguinis rule, Gabby is considered a
natural-born Filipino since his father, Eugenio López Jr, is Filipino. However, the fact that Lopez
was born in Boston, he also accidentally acquired American citizenship by virtue of the fact that
he was born in American soil under their jus soli or “right of soil” principle. According to this
principle, the citizenship of a person is determined by the place where he was born. Gabby
Lopez was simultaneously considered a national by both the Philippines and the United States,
without performing any act. Being a dual citizen, he is entitled to all benefits arising from his
two citizenships, such as holding two passports and use them simultaneously.

On the issue of Dual Allegiance, a citizen is required that can only be loyal to one state
and that his allegiance must be indivisible. However, a child cannot be made to suffer over
circumstances beyond his control. Thus, Lopez’ acquisition of American citizenship did not
cancel his Philippine citizenship. Philippine citizenship, acquired either by birth or
naturalization, can only be lost on the grounds listed in Section 1 of Commonwealth Act 63.
The grounds must be proven in court; else Philippine citizenship is presumed and should never
be a question. Holding dual citizenship or a holding another passport are not grounds
enumerated under Commonwealth Act 63. Also, in case of an elective or voluntary type of dual
citizenship, Republic Act 9225, covers a very specific scenario where a natural-born citizen who
lost his Philippine citizenship by seeking naturalization in a foreign country is seeking to
reacquire the same under its provisions. In the case of Gabby Lopez, it is an involuntary type of
dual citizenship. There is no need for him to renounce his American citizenship to be
considered Filipino because there is no law that requires him to do this. Hence, Gabby Lopez’s
Philippine citizenship is full, complete, and perfect as it is.

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