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Philippine Citizenship and Naturalization Pp. 1-67

Philippine Citizenship and Naturalization Pp. 1-67

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Published by H. Sobiryane
PHILIPPINE CITIZENSHIP AND NATURALIZATION
By HAMON M. VELAYO
Member, Philippine Bar, Chief, Legal Research Division. Court of Appeals, Formerly -- Atty. Legal Research Division, Department of Justice Chief, Civil Law Section, Pre·War Code Committee Secretary, Deportation Board, Department of Justice Member, Committee of Dar Examiners for 1955

Published by ACASrO SI\GUIL
!J7 J. Bnsa Street San Juan, Rizal
PHILIPPINE CITIZENSHIP AND NATURALIZATION
By HAMON M. VELAYO
Member, Philippine Bar, Chief, Legal Research Division. Court of Appeals, Formerly -- Atty. Legal Research Division, Department of Justice Chief, Civil Law Section, Pre·War Code Committee Secretary, Deportation Board, Department of Justice Member, Committee of Dar Examiners for 1955

Published by ACASrO SI\GUIL
!J7 J. Bnsa Street San Juan, Rizal

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Published by: H. Sobiryane on Mar 06, 2010
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r
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,~~
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PHILIPPINE
CITIZENSHIP
AND
NATURALIZATION
By
HAMON
M.
VEL/\
YO
Member, Philippine Dar
Chief, L('gal
Research
Division. COllrt
of Appeals
Formerly
--
Atty.
Legal
Research
Division,
Department
of
Justice
Chief, Civil
Law
Section,
Pre·War
Code
CommitteeSecretary, Deportation
Board,
Department
of
Justice
Member,
Committee
of
Dar Examiners
for
1955
J'ublished
&
J)isf/'ill1licr/
by
ACASrO SI\GUIL
!J7
J.Bnsa
Street
San
Juan,
Rizal
J...;
 
.
Expatriation
-
Historical
Background
..
,.,
..................
.
Expatriation
for Unlawful
Purposes
.........................
.
Effect
of
Expatr:ation
.......................................
.
How
Citizenship May
be
Lost;
Specific
Provisions
.............
.
Certain Points
Relative
to
Republic Act
lOG,
Clarified
.........
.
Express Renunciation
.........................................
.
Naturalization
in
a
Foreign Country
.........................
.
Marriage
to
a
Foreigner
.....................................
.
Cancellation of
Naturalization Certificate; Denaturalization
...
.
Illegal
Procurement
..........................................
.
Fraud
........................................................
.
Knowledge of
Fraud
.........................................
.
Marital
Status
of
Applicant
....................
.
.........
,
..
Names and dates
............................................
.
Unintentional
misstatements
..................................
.
Allegiance to
the Philippines
Generally
.......................
.
Advocacyof
Communism
.....................................
.
Enemy
Aliens
...............................................
.
Immoral
Conduct
............................................
.
Residence Qualification
--
Generally
..........................
.
Intention
To Become
Permanent
Resident
.....................
.
Proceduralirregularities
--
Jurisdictional
Defects Generally
....
.
Hearing and Rulings
on Evidence
...........................
.
Witnesses,
Substitution
of
...................................
.
Reacquisition of Philippine Citizenship
.......................
.
Procedure
....................................................
.
Repatriation
..................................................
.
Effect
of
Repatriation
Upon Minor Children
...................
.
Appendices
.................................................
.
xiii
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"
Philippine Citizenship
and
Naturalization
CHAPTER
I
INTRODUCTORY
1.
Definition and Attributes of Citizenship.
Citizenship
is
the status of being a citizen. In the popular and appro·priate sense of the term, a "citizen"
is
one who, by birth, naturalization,or otherwise,
is
a member of an independent political society, called astate, kingdom, or empire, and
as
such
is
subject to its laws and entitled to its protection in all his rights incident to that relation. Derivedfrom the Latin word "cives", the term "citizen" conveys the idea ofconnection
or
identification with the state
or
government and participation in its function.
1
and, therefore, while it implies the right of residence,it
is
not to be implied from the fact of residence.
2
Membership in thebody politic of a state
is
called citizenship and implies, reciprocally,the duty of allegiance on the part of the member and duty of protectionon the
part
of the state.Citizens are members of the political community to which they belong.They are the people who compose the community and who
in
theirassociated capacity have established
or
submitted themselves to thedominion
of
a government for the promotion of their general welfareand for the protection of their individual as well
as
their collective rights.'Thus the term "citizen"
is
frequently used synonymously with the people and refers to the constituent members of the sovereignty -that is,a member of the civil state entitled to all its privileges! The term"Filipino" is equivalent to the term "Filipino citizen."5
----,--,------
- - - . - - ~ - - - - - - - -
------
-------_.
---
..
- - - - ~ - - - - - - - -
1
Baldwin
v.
Franks,
120 U.S. 690, 30 L. Ed. 770, 7 S. Ct. 656, 763;
Seott
v.
Sanford,
19
How.
(U.S.) 476,
15
L.
eel.
730.
See also Galveston,
H.
&
S.A.R. Co.
v.
Gonzales,
151
U.S. 506,
38
L.
cd.
252,
14
S. Ct. 401;
Rundle
v.
Delaware
&
R.
Canal
Co., 14
How.
(U.S.) 97, 14 L. cd. 342.
2
2
Am.
JUl'.
555.
a
U.S. v.
Cruikshank,
92 U.S. 542, 23 L. cd. 588.
, 2
Am.
Jur.
555.
5
Zamboanga Trans.
Co.,
TnC'.
v.
Fargas.
G.R. No.
L-1GO·1
Mar.
28,
1952,
3
Velayo's
Digest
323·A.
-
 
2
PIIILlPPINE CITIZENSHIP
1-a.
Modes
01
Acquiring Citizenship; Generally.
Citizenship may be acquired by birth
or
by naturalization. Citizenship may result from birth in the territory of the state, under the principle of
jus soli,
or
from birth outside
of
the territory to parents whoare citizens of the state, commonly referred to as nationality by blood,
or
jus sangUinis.
In
the Philippines, as we shall see from discussionsunder the following chapters, no statutory
or
treaty provision ever fullyadopted the doctrine of
jus
soli.
On
the other
han.:,
the doctrine of
jus sanguinis,
which
is
given full application by paragraph
3,
section
1
of Article
4
of
the Constitution, has been in force in this jurisdictionfrom the Spanish regime
up
to the present.Citizenship by naturalization may be acquired by several
different'
methods:
5_
n
(a)
direct naturalization in one's own right under generalnaturalization laws, election of citizenship upon attaining the age of majority by children of Filipino mothers and alien fathers,
and
repatriation bypersons who
had
lost their citizenship;
(b)
derivative naturalization, as forexample, the naturalization of a minor child through the naturalizationof his parent or parents, naturalization of a wife through the naturalization of her husband,
or
by the marriage of an alien woman to a citizenof the Philippines;
(c)
in a few countries
(not
in this jurisdiction) bythe adoption of an alien minor;
(d)
collectve naturalization throughthe transfer of territory from one state to another
(as
in the case ofthe Philippines when it was ceded by Spain to the United States),
or
through legislative enactments covering specific classes of persons; and
(e)
special legislation in individual cases.
6-
ft
-
l
1-b.
Natural-born citizens
One of the qualifications required by the Constitution for the officesof the President, Vice-President, Senator,
as
well as Representative
is
that he be a natural
born
citizen of
the.
Philippines.~-b
So far, the author knows of
no
definition of the term "naturalborn citizen" that has been given by
our
Supreme Court.
In
the caseof U.S.
vs.
Wong Kim
Ark/-
c
the United States Supreme Court heldthat "all persons born in the allegiance of the United States are natural-
5_A
Cf.
III
Hackworth, International Law,
3.
5-n_l
cr.
III
Hackworth,InternationalLaw,
3.
6_b
Art.VII,
Sec.
3;
Art.
VI,
Sees.
4
and
7.
5-c
U.S.
vs.
Wong
Kim
Ark.
169, U.S. 649, 42
Law
Ed.
890.
~
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.,
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~
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::f;;.
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c,~~,;,
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"
Modes of Acquiring Citizenship;
Natural-born
Citizens; Exclusive
Prh'i1eges
of
Filipino Citizens
rNTRODUCTORY
3born citizens." The requirement that a candidate for the offices justnamed be a natural-born citizen implies that he is a citizen at birth.Under such an interpretation neither Quezon
or
Osmefia could havequalified as candidates for President and Vice-President, respectively,of the Commonwealth, for the reason that strictly speaking neither
of
them were Filipino citizens
at
birth. They were Spanish subjects whobecame Filipino citizens in accordance with the provisions of the Treatyof Paris.Willoughby has expressed the opinion that it would seem reasonable
to
hold that anyone who
is
able to claim citizenship without any priordeclaration upon his part of a desire to obtain such status should bedeemed a natural-born citizen.
S-d
Under
this view,
to
which the authorsubscribes, the following citizens would not be eligible for any of theoffices previously mentioned on the ground that they are not naturalborn citizens:
(1)
those who obtain Philippine citizenship under thegeneral naturalization laws; and
(2)
those who acquire citizenshipthrough election upon reaching the age of majority.On the other hand, under this doctrine, the term natural-born citizenmay include not only those who were Filipino citizens at birth butalso those who, like the first candidates for the position of Presidentof the Philippine Commonwealth, namely, Manuel
L.
Quezon, EmilioAguinaldo and Gregorio Aglipay, were collectively naturalized as Filipino citizens through the Treaty of Paris which transferred the Philippines from Spain to the United States
and
through subsequent Actsof the United States Congress, because they became Filipino citizenswithout the necessity of making any declaration stating their desire toacquire Filipino citizenship. Likewise, those declared by the Constitutions-a to be Filipino citizens by virtue of having been born in thePhilippines of foreign parents who, before the adopton of the Constitution,
had
been elected to public office may be considered as naturalborn citizens.
2.
Exclusive Privileges
01
Filipino
citizens.
In this country, there are a number of important privileges, the enjoyment of which
is
limited to citizens of the Philippines. Thus, theexploitation, development,
or
utilization of the country's natural re-
.--
.
--
G.d
I
Willoughbyon Constitution,
p.
354..-.
Art.
IV,
Scr.
1,
Suh·scr.
2,
Constitution.

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