CITIZENSHIP

I. FILIPINO CITIZENS

Citizenship is personal and more or less permanent membership in a

political community. It denotes possession within that particular political
community of full civil and political rights subject to special
disqualifications such as minority.

Nationality is membership in any class or form of political community.

Nationality does not necessarily include the right or privilege of exercising
civil or political rights.

WHO ARE CITIZENS OF THE PHILIPPINES?

1) Those who are citizens of the Philippines at the time of the

adoption
2) Those whose fathers or mothers are citizens of the Philippines.
a. The 1935 Constitution adopted the principle of JUS SAGUINIS as an
absolute rule. The child of a Filipino father whether born in the
Philippines or abroad was a Filipino citizen from the moment of birth
b. The 1973 Constitution preserved the principle of jus sanguinis and
expanded its application by placing the Filipino woman on the same
level as the male in matters of citizenship. Those whose mothers are
citizens of the Philippines, even if the father is an alien, are Filipino
citizens. . To come under this expanded rule, it is essential that the
mother MUST be a FILIPINA at the time of the BIRTH of the child.
Moreover, it applies only to those born of a Filipina mother ON or
AFTER the effectivity of the 1973 Constitution. Hence, it is important
to remember that the 1973 Constitution took effect on January 17,
1973
3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.
a. Procedure for election
Election is expressed in a statement to be signed and sworn to by the
party concerned before any official authorized to administer oaths.
Statement to be filed with the nearest Civil Registry. The statement to
be accompanied with the Oath of Allegiance to the constitution and
the government of the Philippines
b. When to elect - within 3 years from reaching the age of majority
except when there is a justifiable reason for the delay
4) Those who are naturalized in accordance with law.
II. MODES OF ACQUIRING CITIZENSHIP
1) by birth
a. jus sanguinis – acquisition on the basis of blood relationship
b. jus soli – acquisition on the basis of place of birth
2) by naturalization
The legal act of adopting an alien and clothing him with the
privilege of a native born citizen
3) by marriage

Modes Applied in the Philippines

1) Before the adoption of the 1935 constitution
a. jus sanguinis
b. jus soli
2) After the adoption of the 1935 constitution
a. only the jus sanguinis doctrine is now applied

III. NATURALIZATION AND DENATURALIZATION

A. NATURALIZATION
Modes of naturalization
1) Direct
a. Individual through judicial proceeding - following the process
required in the existing Revised naturalization law. CA 473
b. Special Act of Legislature or by the President in the exercise of
special legislative power if granted by the Constitution -
discretionary on the legislature, often in favor of distinguished
foreigners who have rendered some notable service to the local
state

NOTE: Naturalization under Letter of Instruction No. 270: A special

committee on Naturalization was created by Pres. Marcos to
undertake administrative investigation of those who wished to
become Filipino citizens by Presidential decree

c. collective change of nationality, as a result of cession or

subjugation(naturalization en masse)
d. Adoption of orphan minors as nationals of the state where they
are born

2) Derivative
a. Wife of naturalized husband
b. Minor children of naturalized person
c. Alien woman upon marriage to a national
 NOTE: Doctrine of Indelible Allegiance – an individual maybe
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 for Naturalization

1) Not less than 21 years of age on the date of the hearing of the petition
2) Resided in the Philippines for a continuous period of not less than 10
years, may be reduced to 5 years if:
a. Honorably held office in government
b. established a new industry or introduced a useful invention in the
Philippines
c. Married to a Filipino woman
d. Engaged as a teacher in the Philippines or in any of the branches
of education or industry for a period of not less than 2 years
3) Good moral character, believes in the principles underlying the
Philippine constitution, must have conducted himself in a proper and
irreproachable manner during the entire period of his residence in the
Philippines in his relations with the constituted government as well as
the community in which he is living
4) Own real estate in the Philippines worth not less than P5,000.00 or
must have some known lucrative trade, profession or lawful
occupation
5) Speak and write English or Spanish and any of the principal
Philippine languages
6) Enrolled his minor children of school age in any of the public or
private schools recognized by the government where Philippine history
and civics are taught as a part of the school curriculum, during the
entire period of his residence in the Philippines required of him prior
to the hearing of his petition for naturalization

Disqualifications:
1. Opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all
organized government
2. Defending or teaching the necessity or propriety of violence, personal
assault or association for the success or predominance of their ideas
3. Polygamists or believers of polygamy
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 in the Philippines, have not
mingled socially with the Filipinos or who have not evinced a sincere
desire to learn and embrace the customs, traditions and ideals of the
Filipinos
7. Citizens or subjects of nations with whom the Philippines is at war,
during the period of such war
8. Citizens or subjects of a foreign country whose laws do not grant
Filipinos the right to become naturalized citizens or subjects thereof.

Procedure for Naturalization

1) Filing of declaration of intention one year to the filing of the petition
with the Office of the Solicitor General

The following are exempt from the filing of declaration of

intention:
a. Born in the Philippines and have received their primary and
secondary education in public or private schools recognized by
the Government and not limited to any race or nationality
b. Resided in the Philippines for 30 years or more before filing of
the petition and enrolled his children in elementary and high
schools recognized by the Government and not limited to any
race or nationality
c. Widow and minor children of an alien who has declared his
intention to become a citizen of the Phils and dies before he is
actually naturalized
2) Filing of the petition, accompanied by the affidavit of two credible
persons, citizens of the Phils., who personally know the petitioner as
character witness, with the Regional Trial Court of the province or
city where petitioner has resided for at least one year
3) Publication of the Petition in the Official Gazette of Newspaper of
General Circulation once a week for 3 consecutive weeks by the clerk
of court.
NOTE: Publication is a jurisdictional requirement under Sec 9,
Revised Naturalization Law. Failure to comply is fatal

4) Actual residence in the Phils during the entire proceedings

5) Hearing of the petition at least 6 months after the last publication
but in no case within 30 days before any election
6) Promulgation of the decision
7) Hearing after 2 year probation period
During the Probation period the applicant has:
a. not left the Phils
b. dedicated himself continuously to a lawful calling or profession
c. not been convicted of any offense or violation of rules
d. not committed an act prejudicial to the interest of the nation or
contrary to any government announced policies
e. Oath taking and issuance of the Certificate of Naturalization
 Effects of Naturalization
1) Vests citizenship on wife if she herself may be lawfully naturalized
2) Minor children born in the Phils before the naturalization shall be
considered citizens of the Phils
3) Minor child born outside the Philippines who was residing in the Phils
at the time of naturalization shall be considered a Filipino citizen
4) Minor child born outside the Phils before parent’s naturalization shall
be considered Filipino citizens only during minority unless he begins
to reside permanently in the Phils
5) Child born outside the Phils after parents

B. DENATURALIZATION
Definition: Revocation of Philippine citizenship of a naturalized citizen
on the grounds provided for by law

Grounds:
1) Naturalization certificate is obtained fraudulently or illegally
2) If within 5 years, he returns to his native country or to some foreign
country and establishes residence there ( Provided, that 1- year stay
in native country or 2-year stay in a foreign country shall be prima
facie evidence of intent to take up residence in the same)
3) Petition was made on an invalid declaration of intention
4) Minor children failed to graduate through the fault of the parents
either by neglecting to support them or by transferring them to
another school
5) Allowed himself to be used as a dummy

Effects of Denaturalization: Revocation on grounds affecting the

intrinsic validity of the proceedings shall divest the wife and children of
their derivative naturalization. But if the ground was personal to the
denaturalized Filipino, as where he permanently resided in a foreign
country after his naturalization, his wife and children shall retain their
Philippine citizenship

IV.DUAL CITIZENSHIP AND DUAL ALLEGIANCE

Sec. 5, Art. IV: Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law.

Dual Citizenship
A condition which arises from the fact that Philippine law cannot
control international law and the laws of other countries on citizenship

Constitution allows the possibility of dual citizenship ( Sec.1(2) Art

IV)
 Note: In Sec 40 RA 7160 (Local Government Code), dual citizenship is one
of the disqualifications for running for local elective office

Dual Allegiance
“Referred to that unsettled kind of allegiance of persons who are
already Filipinos but who by their acts maybe said to be bound by a
second allegiance either to Peking or Taiwan” ( Bernas pg. 276)

Note: Attack on one’s citizenship maybe made only through a direct, not a
collateral proceeding 6921. (Co VS HRET 199 SCRA 692)

RES JUDICATA does not ordinarily apply to questions of citizenship. It

does so only when:
1) a person’s citizenship is resolved by a court or an administrative body as
a material issue in the controversy, after a full blown hearing
2) with the active participation of the Solicitor General or his representative
3) the finding of his citizenship is affirmed by the Supreme Court, then the
decision on the matter shall constitute conclusive proof of such party’s
citizenship in any other case or proceeding (Board of Commissioners,
CID vs, dela Rosa, 197 S 853)

V. LOSS AND RE-ACQUISITION OF PHILIPPINE CITIZENSHIP

Two Laws on loss of citizenship
1) Commonwealth Act 473
Applies to naturalized citizenship, Sec 18 of CA 473 provides that
certificate of naturalization maybe revoked under the grounds provided
for by law ( see grounds under denaturalization)

2) Commonwealth Act No. 63

Applies to both natural-born and naturalized citizenship.

Citizenship is lost by:

1) Naturalization in a foreign country
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. Provided
however, that a Filipino may not divest himself of Philippine citizenship
in any manner while the Republic of the Philippines is at was with any
country
4) By rendering service to or accepting Commission in the Armed Forces of
a foreign country EXCEPT if the following circumstances are present:
a. the Republic of the Philippines has a defensive and/or offensive pact
of alliance with the said foreign country
b. he said foreign country maintains armed forces in the Phil. Territory
with the consent of the Rep. of the Philippines
5) By cancellation of the certificate of naturalization
 6) By having been declared by competent authority a deserter of the Phil
armed forces in time of war, unless subsequently, a plenary pardon or
amnesty has been granted

Reacquisition of Citizenship
1) By naturalization provided that he applicant possesses none of the
disqualifications prescribed for naturalization
2) By repatriation of deserters of the Army, Navy or Air Corps
3) By Direct Act of Congress

Sec. 4, Art. IV: 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.

Marriage to an Alien Spouse

1) Old Rule : a Filipino woman who married an alien forfeited her Philippine
citizenship if under the laws of her husband’s state she was required to
follow his citizenship. Thus if a Filipino woman married a Chinese, she
automatically became a Chinese herself, following her husband’s
citizenship.
2) New Rule: The old rule has been reversed by Art IV Sec 4, the above
provision was probably inspired by a desire to equalize the situation of
the Filipino female with that of the male citizen, who even under the old
rule did not forfeit his Philippine citizenship if he married a foreigner.
Now both male and female citizens shall remain Filipinos despite their
alien spouses except only when they may be deemed by their act or
omission to have renounced their Philippine citizenship.

VI.NATURAL-BORN CITIZENS AND PUBLIC OFFICE

Sec. 2, Art. IV: “ 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, Sec 1 hereof shall be deemed natural born-
citizen.