Dear PAO,

My cousin just turned 20 years old, and she is getting married sometime late this year to her Canadian boyfriend. Both her parents are Filipinos. Though she wants to continue living HERE, SHE AND HER fiANCé ARE considering moving to Canada. She just wants to know if she is a Filipino citizen and if she will remain as such once she gets married.

Saree

Dear Saree, Philippine citizenship is explicitly provided under our Constitution. To be particular, Article IV of our 1987 Philippine Constitution mentions who are those considered as Filipino citizens:

“Section 1. The following are citizens of the Philippines:

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

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

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

“(4) Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”

Since your friend was born of both Filipino parents, and, there appearing to be no other reasons or factors mentioned in your letter to consider her as a foreigner, it is submitted that she is a Filipino citizen.

It is worthy to mention that a contract of marriage alone does not divest a Filipino of his or her citizenship. This is expressly stated under Section 4, Article IV of our 1987 Philippine Constitution:

“Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.”

Accordingly, your cousin will remain a Filipino citizen even after she gets married to a foreigner. It is only if she does any other overt acts, such as applying for and being granted naturalization to a foreigner country, or any omission that clearly establishes that she has renounced her Philippine citizenship can she be considered to have lost the same.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.