ANNA

1935 ART. IV Section 1. The following are citizens of the Philippines: 1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. (5) Those who are naturalized in accordance with law. Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law. ART. III

GUZMAN
1987 ART. IV Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are accordance with law. naturalized in

1973 Section 1. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. (2) Those whose fathers and mothers are citizens of the Philippines. (3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five. (4) Those who are accordance with law. naturalised in

Section 2. A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.

Section 2. 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), Section 1 hereof shall be deemed natural-born citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. 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. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

CITIZENSHIP

Case 1. Mercado vs Manzano

Facts Manzano and Mercado running for VP in Makati Mamaril filed petition to DQ ANNA Mercado Intervened Manzano registered himself as a voter and voted in the elections of 1992, 1995 and 1998

Decision Manzano = dual citizen Dual citizenship is NOT dual allegiance G Z prohibits M A N dual allegiance U LGC Manzano, in effect, remounced his American citizenship by voting in the Philippine elections and by filing a certificate of candidacy FPJ = natural-born citizen Lorenzo must be considered as included in the en masse filipinization under Phil. Bill of 1902 1935 Consti confers citizenship to those born of Filipino Fathers, whether legitimate or illegitimate Misrepresentation in the certificate of candidacy in violation of Section 78, in relation to Section 74, of the Omnibus Election Code = material, willful, and deliberate

Book - Dual citizenship as a disqualification must refer to citizens with Dual Allegiance - For candidates with DUAL CITIZENSHIP, it is enogh that they ELECT Phil. Citizenship UPON FILING of a COC to terminate their status as persons with dual citizenship - In the absence of any other evidence, San Carlos, Pangasinan could have well been the residence of Lorenzo Pou. - Lorenzo must be considered as included in the en masse filipinization under Phil. Bill of 1902 - The Filipino citizenship of LP, if acquired, would thereby extend to his son. Alla Poe (father of FPJ). - The 1935 Consti, during which regime FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizenship regardless of whether such children are legitimate or illegitimate Case: Citizenship is a treasured right conferred on those whom the state believes are deserving of the privilege. It is a "precious heritage, as well as an inestimable acquisition," that cannot be taken lightly by anyone - either by those who enjoy it or by those who dispute it.

2. Tecson vs COMELEC

Victorino X. Fornier filed a petition to disqualify FPJ date of birth to be 20 August 1939 and his place of birth to be Manila Lorenzo PouAllan Poemarried Bessie Kelly Poe 1Y after birth= illegitimate son Phil. Bill of 1902= 1. native-born inhabitant; and 2. inhabitant os Spain; and inhabitant who obtained Sapnish papers on or before 4/11/1899 Jones Law= 1. subject of Spain on 4/111/1899; 2. residing in the Phils on said date, and 3. since that date, NOT a citizen of some other country

3. Co. HRET

Sixto Balingit, Antonio Co, and Jose Ong were running for Congressman in the 2nd Dist. Of Samar HRET found for Ong. MR was filed but was denied by HRET His paternal grandfather, Ong Te, arrived in the Philippines from China in 1895 and was able to obtain a certificate of residence in Laoang His father, Jose Ong Chuan married a natural-born Filipina. They had eight children, one which is respondent. Juan G. Frivaldo filed COC for the Office of Governor in the province of Sorsogon Raul Lee, another candidate, filed Petition to DQ based on having been naturalized in the United States on January 20, 1983 Comelec granted petitionMR remained unacted and he was votedComelec En Banc affirmed Resolution of 2nd Div June 30, 1995 (proclamation of Lee) at 2pm, he took his Oath of Allegiance after his petition for repatriation under PD 725 has been granted Teodoro Cruz was a natural-born citizen of the Philippines, born in Tarlac Cruz enlisted in the US Marine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the US and was naturalized as a US citizen Cruz reacquired his Philippine citizenship through repatriation under RA 2630.

Ong was already a citizen upon the naturalization of his father when he was 9 years old. With this, it is the law itself that had elected Philippine citizenship for respondent for declaring him as a citizen. The court cannot collaterally attack the citizenship of the deceased Jose Ong, Sr. Ong is a resident of Laoang. The term residence has been understood as synonymous with domicile in the 1987 Consti Doctrine of Implied Election Frivaldos repatriation RETROACTED to the date of filing of his application Issue of Citizenship should be reckoned from the date of Proclamation and not necessarily on the date of election or filing of COC--Frivaldo was a registered voter and Sec. 253 of Omnibus gives any voter the opportunity to question eligibility w/in 10D after proclamation

Attack on ones citizenship may be made only through a DIRECT, not a COLLATERAL proceeding

4. Frivaldo vs COMELEC

REPATRIATION - PD 725 was not repealed by Pres. Aquinos Memorandum and thus was a VALID mode for reacquisition of Filipino citizenship WHEN REPATRIATION TAKES EFFECT - Repatriation of FRivaldo retroacted to the date of filing of his application on Aug. 17, 1994.

5. Bengzon III vs. HRET

Cruz recovered his Phil. Citizenship through repatriation Cruz was not required by law to go through naturalization proceedings in order to reacquire his citizenship, he is perforce a natural-born Filipino

EFFECT OF REPATRIATION - The act of repatriation allows the person to recover, or return to, his original status BEFORE he lost his Philippine citizenship

Repatriation shall be effected by

taking the necessary oath of allegiance to the Republic of the

ANNA

GUZMAN