Vii. Citizenship

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VII. CITIZENSHIP
Definition: membership in a political community which is personal and more
or less permanent in character.
Nationality is membership in any class or form of political community. It does
not necessarily include the right/privilege of exercising civil or political rights.
Modes of acquiring:
1) Marriage
2) Birth
- Jus soli
- Jus sanguinis
3) Naturalization
Natural-born citizens citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship.
Marriage by Filipino to an alien 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.
Dual allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
Dual citizenship as a disqualification under the LGC must refer to dual
allegiance.
For candidates with dual citizenship, it is sufficient that they elect Philippine
citizenship upon the filing of their certificate of candidacy to terminate their
status as persons with dual citizenship.
Filing of certificate of candidacy is sufficient to renounce foreign
citizenship.
Attack on ones citizenship may be made only through a direct and not
collateral attack.
Doctrine of res judicata does not ordinarily apply to questions of citizenship.
Exception:
1) Persons citizenship is resolved by a court or an administrative
body as a material issue in the controversy, after full-blown hearing
2) Active participation of the SolGen or his representative
3) Finding of citizenship is affirmed by the SC
Citizens of the Philippines
1) Citizens of the Philippines at the time of the adoption of the 1987
Constitution
2) Whose fathers or mothers are citizens of the Philippines
3) Born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
Election stated in a statement to be signed and sworn to by the
party concerned before any official authorized to administer oath.
Filed with the nearest Civil Registry
Accompanied with the Oath of Allegiance to the Constitution and
the Government
Within 3 years from reaching the age of majority except when there
is justifiable reason for delay.
Doctrine of Implied Election exercise of right of suffrage and

participation in the election exercises
Right is available to the child as long as the mother was a Filipino
citizen at the time of the marriage to the alien, even if by reason of
such marriage, she lost her Philippine citizenship and even if the
mother was not a citizen at time of birth.
Right to elect Philippine citizenship is an inchoate right
During his minority, child is an alien.
Apply only to legitimate children.
If the child is illegitimate, he follows the status and citizenship of
his known parent, the mother.
4) Naturalization
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Modes of Naturalization
Direct
1) Judicial or administrative proceedings
2) Special act of legislature
3) Collective change of nationality, resulting from cession or
subjugation
4) Adoption of orphan minors as nationals of the State where they
were born
Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
Doctrine of Indelible Allegiance: individual may be compelled to retain his
original nationality even if he has already renounced or forfeited it under the
laws of the second State whose nationality he has acquired.
Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous period of 10 years
Reduced to 5 years IF
1) Born in the Philippines
2) Honorably held office in Government
3) Introduced a useful invention or established a new
industry
4) Engaged as a teacher in the Philippines, public or private
school (except those established for the exclusive
instruction of persons of a particular nationality) or in any
branches of education or industry for a period of not less
than 2 years
3) Good moral character; believes in the underlying principles of the
Constitution; conducted himself in a proper and irreproachable manner
during his residency
4) Own real estate in the Philippines not less than P5,000, have some
lucrative trade, profession or lawful occupation
5) Speak and write English/Spanish/any principal Philippine languages
6) Enrolled his minor children of school age to public/private schools

recognized by the Government, where Philippine history, government and
civic are taught
Disqualifications:
1) Opposed to organized government or affiliated with any association of
groups/persons who uphold and teach doctrines opposing all organized
governments
2) Defending or teaching the propriety of violence, personal assault,
assassination for the success or predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable contagious disease
6) Who, during the period of their residence, have not mingled socially with
Filipinos or who have not evinced a sincere desire to learn and embrace
the customs, traditions and ideals of the Filipinos
7) Citizens and subjects of nations with whom the Philippines is at war,
during the period of such war
8) Citizens and subjects of foreign country whose law does not grant
Filipinos the right to become naturalized citizens
Procedure
1) File declaration of intention with SolGen one year prior to the filing of
the petition
Exception:
1) Born in the Philippines and received primary and
secondary education in public or private schools
recognized by the Government and not limited to
particular race
2) Resided in the Philippines for 30 years or more before the
petition and enrolled his children to elementary and high
schools recognized by the Government and not limited to
particular race
3) Widow and minor children if an alien who has declared
his intention to become a citizen of the Philippines and
dies before he is actually naturalized.
2) File petition + affidavit of 2 credible persons, citizens of the Philippines
who personally know the petitioner, as character witness
3) Publication of petition
Jurisdictional
Published in OG or in a newspaper of general circulation once a
week for three consecutive weeks
4) Actual residence during the entire proceedings
5) Hearing
6) Promulgation of the decision
7) Hearing after 2 years (Probation period of 2 years)
Not left the Philippines
Dedicated himself continuously to a lawful calling/profession
Not been convicted of any offense or violation of rules
Not committed any act prejudicial to the interest of the nation or
contrary to any Government-announced policies
8) Oath taking and issuance of certification

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Effects
1) Vests citizenship on wife if she herself may be naturalized
2) Minor children born in the Philippines before naturalization shall also be
considered citizens
3) Minor children born outside the Philippines but residing in the Philippines
at the time of naturalization shall also be considered citizens
4) Minor children born outside the Philippines shall be citizens only during
minority, unless he begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the naturalization of the parents
shall be considered citizens, Provided he registers as such before any
Philippine consulate within one year after attaining majority age and takes
his oath of allegiance
Grounds for Denaturalization

1) Naturalization certificate obtained fraudulently or illegally
2) Invalid declaration of intention
3) Minor children failed to graduate through the fault of parents
4) Allowed himself to be used as dummy
5) If within 5 years he returns to his native country or some foreign country
and establishes residence there
- 1-year stay in native country or 2-year stay in a foreign country is
prima facie evidence of intent to take up residence
Effects of Denaturalization: if the ground affects the intrinsic validity of the
proceedings, the denaturalization will divest wife and children; if ground is
personal to the denaturalized Filipino, his wife and children shall retain
Philippine citizenship.
Naturalization by direct legislative action discretionary on Congress; usually
for aliens who made outstanding contributions to the country
Administrative Naturalization grant Philippine citizenship by administrative
proceedings to aliens born and residing in the Philippines
Special Committee on Naturalization - SolGen (Chairman), Sec of
FA and National Security Adviser power to approve, reject or
deny applications
Qualifications
1) Born in the Philippines and residing therein since birth
2) Not less than 18 at the time of filing
3) Good moral character; believes in the underlying principles of
the Constitution; conducted himself in a proper and
irreproachable manner during his residency
4) Received primary and secondary education in any
public/private school recognized by DECS, where Philippine
history, government and civics is taught and not limited to any
race/nationality; Provided that where he has minor children,
must be enrolled in similar schools
5) Known trade, business, profession or lawful occupation from
which he derives income sufficient to support himself and
family
N/A to college degree holders who are disqualified from

practicing their profession due to citizenship
requirements
6) Able to read, write and speak Filipino or any of the dialects
7) Mingled with Filipinos and evinced a sincere desire to learn
and embrace the customs and traditions and ideals of the
Filipino people
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Procedure
1) File with Special Committee a petition
2) Publication of pertinent portions of the petition once a week for 3
consecutive weeks in newspaper of general circulation
3) Posting of copies in public or conspicuous areas
4) Furnish copies to following agencies who shall post copies of the petition
in any public or conspicuous areas in their building officers and premises
and within 30 days submit to Committee a report stating whether or not
petitioner has any derogatory record on file
DFA
Bureau of Immigration and Deportation
Civil registrar of petitioners place of residence
NBI
5) Within 60 days from receipt of agencies report, Committee shall consider
and review all information.
6) If Committee receives any adverse information, Committee shall allow
petitioner to answer, explain or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays P100,000, take oath of
allegiance and certificate of naturalization shall issue.
9) Within 5 days from taking oath, BoI shall forward copy of oath to the
proper local civil registrar and cancel petitioners alien certificate of
registration.
Status of Alien Wife and Minor Children
May filed a petition for cancellation of their alien certificate of
registration.
If applicant is a married woman, husband may not benefit. But minor
children may avail of the right to seek the cancellation of alien certificate
of registration.
Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any false statement or
misrepresentation or obtained citizenship fraudulently or illegally or
committed any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence in a foreign country
o 1-year stay in native country or 2-year stay in a foreign country is
prima facie evidence of intent to take up residence
3) Allowed himself, wife or children with acquired citizenship to be used as
dummy
4) He, his wife or children commits any act inimical to national interest
Loss and Reacquisition of Philippine Citizenship

- Loss of Citizenship
1) Naturalization in a foreign country

- RA 9225
2) By express renunciation of citizenship
3) By subscribing to an oath of allegiance to support the Constitution or
laws of a foreign country upon attaining 21 years of age
- Principle of Indelible Allegiance Filipino may not divest
himself of Philippine citizenship in this manner while
Philippines is at war with any country
4) By rendering service or accepting commission in the armed forced of a
foreign country
- Exceptions:
1) Philippines has a defensive and/or offensive pact of alliance
with the said foreign country
2) Foreign country maintains armed forces in the Philippine
territory with consent of the Republic
5) By cancellation of the certificate of naturalization
6) By having been declared by competent authority a deserter of the
Philippine armed forces in time of war
Reacquisition of Citizenship
1) Taking the oath of allegiance required of former natural-born
Philippine citizens who may have lost their citizenship by reason of
their acquisition of the citizenship of a foreign country
2) Naturalization provided that he possesses none of the disqualifications
3) Repatriation or deserters of the Army, Navy or Air Corps; a woman
who has lost her citizenship by reason of marriage may be repatriated
after termination of marital status
- Repatriation takes effect as of the date of filing of his application.
- Effect of repatriation is to allow the person to recover or return to
his original status before he lost his Philippine citizenship.
4) Direct act of Congress

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Doctrine of Implied Election exercise of right of suffrage and

6) Enrolled his minor children of school age to public/private schools

8) Oath taking and issuance of certification

Grounds for Denaturalization

N/A to college degree holders who are disqualified from

Loss and Reacquisition of Philippine Citizenship

1) Naturalization in a foreign country

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