“Under the old rule, the rights of a legitimate child given
to an adopted child, as stated in Article 341 of our Civil Code (now Art. 189,
Family Code) do not include the acquisition of the citizenship of the adopter. (Cheng Ling vs. Galang, L-11931, October
27, 1958). Even assuming that petitioner’s son has been adopted as claimed,
the fact remains that he would still retain the citizenship of his natural
father, with the result that he should eventually benefit from it should his
father become a naturalized Filipino. (Tan
Hoi vs. Republic, No. L-15266, September 30, 1960).
But this is not the prevailing rule anymore in view of RA 9225 which amended Act No. 63, Section 4
of the new law provides that the unmarried child, whether legitimate,
illegitimate or adopted below eighteen (18) years of age, of those who
reacquire Philippine citizenship upon effectivity of this ACT shall be deemed
citizens of the Philippines. The reason is that, an adopted child has the same
rights as a legitimate child.”
See -
Albano, Persons and
Family Relations, p. 193, etc. – “Citizenship.”
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