III. Citizenship

What is Statelessness?

Stateless persons are those who do not have a nationality. They are either de jure or de facto stateless. (Bernas, Public International Law, 2009)

Who are de jure stateless persons?

De jure stateless persons are those whom no State considers its nationals under the operation of its law, whether they never acquired a nationality or lost one without acquiring another. (Bernas, Public International Law, 2009)

Who are de facto stateless persons?

Those who have a nationality but to whom protection is denied by their state when out of the state. This is the situation of many refugees. (Bernas, Public International Law, 2009)

When Res Judicata Applies

Res judicata may only be applied in cases of citizenship when the following concur:

• A person's citizenship must be raised as a material issue in a controversy where said person is a party;
• The Solicitor General or his authorized representative took active part in the resolution thereof;

The finding on citizenship is affirmed by the Supreme Court. (Go v. Bureau of Immigration and Deportation, G.R. no. 191810, Jun. 22, 2015)