Dual Citizenship vs. Dual Allegiance | 11 October 2024

Dual citizenship arises when as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states.

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Alburo Law
October 11, 2024

Dual citizenship arises when as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states.

Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states.

While dual citizenship is involuntary, dual allegiance is the result of an individual’s volition.

(Ernesto Mercado v. Eduardo Barrios Manzano and COMELEC, G.R. No. 135083, May 26, 1999)

In evaluating whether such a relationship exists, the Court of Appeals (CA) applied a four-fold test:

  1. Selection and Engagement: The process by which the employee was hired.

  2. Payment of Wages: How the employee was compensated.

  3. Power to Discipline and Dismiss: The employer’s authority over the employee.

  4. Control: The employer’s ability to dictate the means and methods of the employee’s work.

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