1

Araullo University Bitas, Cabanatuan City

Citizenship

A Paper Presented to Atty. Michael Angelo Reyes

In Partial Fulfillment of the requirements for Law 012

Legal Bibliography

By: Jetro S. Bautista Israel G. Bonite Arvin De Guzman Rod Rafael De Leon Marlie C. Eduardo Arvin P. Eugenio 2ND Semester 2011-2012

INTRODUCTION: A persons identity is important in every transaction he makes. Living in a civil society entails identification. As such, citizenship primarily describes him. Furthermore, it determines whether or not he could hold certain positions in the government. Philippine citizenship is an indispensable requirement in elective posts as in the cases of Fernando Poe Jr, Ramon L. Labo, Juan G. Frivaldo and many more. Likewise, admission to Philippine bar requires Philippine citizenship. In light of the above, one can conclude that citizenship is an indispensable part of a persons survival. It is important in ones personal, social and political existence as shown in jurisprudence concerning participation in affairs exclusive to Filipinos. The concept of citizenship has three main elements. Citizenship as legal status is defined by civil, political and social rights. Under this element, the citizen is the legal person free to act according to the law and have the right to claims with the protection of the law. It need not mean that the citizen takes part in the law's formulation, nor does it require that rights be uniform between citizens. Citizenship as as political agents defined by actively participating in a society's political institutions. Citizenship as membership in a political community that furnishes a distinct source of identity. This paper is aimed at digging out issues, concerns and importance of citizenship. WHAT IS CITIZENSHIP1 Joaquin Bernas SJ, defines citizenship as 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. Reciprocally, it imposes the duty of allegiance to the political community. WHAT IS NATIONALITY2 Nationality is membership in any class or form of political community. Thus, nationals may be citizens (if member of a democratic community) or subjects (if members of a monarchial community). It does not necessarily include the right or privilege of exercising political or civil rights. __________________
1Joaquin

G. Bernas, S. J., The 1987 Constitution A reviewer-primer, Fourth Edition 2002

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22008

Political Law and Public International Law

This status confers upon the individual certain prerogatives which may be denied the alien. Thus, the citizen enjoys certain exclusive rights, such as the rights to vote, to run for public office, to exploit natural resources, to operate public utilities, to administer educational institutions, and to manage the mass media.3 In the same way, Black defines it as a status of one who, under the constitution and the laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of civil rights. 4 PHILIPPINE CITIZENSHIP, DUAL CITIZENSHIP, AND DUAL ALLEGIANCE5 RA 9225, the Dual Citizenship Law was signed by then President Gloria Macapagal Arroyo on August 29, 2003. This Act makes the citizenship of the Philippine citizens who acquire foreign citizenship permanent. This law is also known as The Citizenship Retention and Re-acquisition Act of 2003 which is a consolidation of Senate Bill 2130 and House Bill 4720, sponsored by Senate President Franklin Drilon and Representative Oscar Rodriguez, respectively. This law amended Commonwealth Act No. 63, providing the acquisition of foreign citizenship as a ground for the loss of Philippine Citizenship. Thus, under R.A. 9225, citizen of the Philippines who become citizens of another country shall be deemed no to have lost their Philippine citizenship under the conditions of the law. 3 This leaves only the following as grounds for one to lose his Philippine citizenship: a) express renunciation of Filipino citizenship; b) being in service of the armed forces of a foreign country; and c) seeking public office in a foreign country

RA 9225 effectively allows and approves dual citizenship.

Although the law has survived the debates in the halls of Congress, critics maintain that Dual Citizenship is not allowed under Section 5 of Article IV of the 1987 Constitution which considers it inimical to national interest. Also, the law has been under incessant attack from writers such as Conrado De Quiros and Raul Palabrica, including eminent constitutionalists like Fr. Joaquin Bernas and Justice Isagani Cruz. __________
3. I.

Cruz, Constitutional Law 372 (2000) Law Dictionary (6th ed. 1991)

4Blacks

4
5James

Benedict F. Panopio, 06 Ll.B., cand, University of Sto. Tomas Faculty of Civil Law; Articles Editor, UST Law

Review.

On the other hand, Senator Drilon claims, as lawmakers have agreed, that what the Constitution prohibits is dual allegiance, not dual citizenship. He also argues that the law would encourage Filipinos who ave become naturalized citizen of the other countries to visit the Philippines more often and settle in the country permanently once they retire. Further, when asked whether it would harm the national interest, he said that dual citizenship even enhances the national interest because we open up the economy to more Filipinos by allowing them to engage in economic areas and investments previously closed to them. The law has received great support from former Filipinos abroad, especially those who are based in the United States.

MODES OF ACQUIRING CITIZENSHIP Modern law recognizes three distinct modes of acquiring citizenship: (1) jus sanguinis, or acquisition of citizenship on the basis of blood relationship; (2) jus soli, or acquisition of citizenship on the basis of place of birth; and (3) naturalization, or the legal act of adopting an alien and clothing him with the privilege of a native born citizen. Prior to the adoption of the 1935 Constitution, the Supreme Court applied the principle of jus soli to determine the citizenship of persons who were born in the Philippines. Thus, in one case, it was held that "all inhabitants of the Philippine Islands who were Spanish subjects on the 11th day of April, 1899, and then resided in said islands and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed in Paris, December tenth, 1898, and except such others as have since become citizens of some other country."

The Supreme Court later abandoned this principle in favor of the principle of jus sanguinis. It has been held, however, that the abandonment of the principle of jus soli did not, in certain cases, divest those who have been conferred Philippine citizenship under the principle of res judicata.

At present, basic Philippine law follows the rule of jus sanguinis based on Section 1 (2) of Article IV of the 1987 Constitution. The jus soli rule, on the other hand, is the one being used in countries like the United States18 and Canada. Naturalization is also allowed in our jurisdiction. It may be direct or derivative. Direct naturalization is effected:

(1) by individual proceedings, usually judicial, under general naturalization laws;

(2) by special act of the legislature, often in favor of distinguished foreigners who have rendered some notable service to the local state;

(3) by collective change of nationality (naturalization en masse) as a result of cession or subjugation; and

(4) in some cases, by adoption of orphan minors as nationals of the State where they are born.

Derivative naturalization in turn is conferred: (1) on the wife of the naturalized husband; (2) on the minor children of the naturalized parent; and (3) on the alien woman upon marriage to a national.

CITIZENS OF THE PHILIPPINES Under the present Constitution, the following are considered 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 attaining the age of majority. (4) Those who are naturalized in accordance with law. Hence, based on Article IV, Section 1 (2) of our 1987 Constitution, the basic rule on citizenship in the Philippines, irrespective of the place of birth, is that a person born of either a Filipino father or a Filipino mother shall be considered a Philippine citizen following the jus sanguinis rule.

Unlike the rule in American law, however, where the Congress cannot strip a person of his citizenship absent his voluntary renunciation, our Constitution expressly provides that 'Philippine citizenship may be lost or reacquired in the manner provided by law. Thus, our Congress can provide for specific grounds that could result in loss of one's Philippine citizenship such as those provided under Commonwealth Act No. 63.

This distinction is relevant for whatever efforts the US Congress makes in preventing dual citizenship, it just cannot do so without amending their own Constitution, which elevates US citizenship to a constitutionally protected right which cannot be taken away without the voluntary consent of the citizen.25 In fact, recognizing the problems it may cause, the official US position is that they allow dual citizenship not because they approve of it but because they tolerate it.26 On the other hand, the Philippine Congress, given with ample powers to prevent the undesirable problems dual citizenship can cause, still chooses to allow it with full approbation despite the constitutional declaration that "dual allegiance is inimical to the national interest."

Congress has no express power under the Constitution to strip a person of citizenship, and no such power can be sustained as an implied attribute of sovereignty. The Fourteenth Amendment's provision that "All persons born or naturalized in the United States . . . are citizens of the United States . . ." completely controls the status of citizenship and prevents the cancellation of petitioner's citizenship without his assent

COMPARISON OF PHILIPPINE CITIZENSHIP LAWS A. Spanish Laws on Citizenship Not all the laws of Spain on citizenship were made applicable to the Philippines. Those that were effective were extended by Royal decrees. [1] Four can be traced back as early as the 1800s. According to Law 3, Book 6, Title II, of Novisima Recopilacion promulgated in Spain on 16 July 1805, the following were considered citizens: All foreigners who obtained the privilege of naturalization those who were born in these kingdoms; those who, residing therein may be converted to the holy Catholic faith; those being self-supporting, established their domicile therein; those who ask for and obtain residence in any town thereof; those who marry native women of said kingdoms and domiciled therein; and in case of a foreign woman who marries a native man, she thereby becomes subject to the same laws and acquires the same domicile as her husband; those who establish themselves in the country by acquiring real property; those who have trade or profession and go

there to practice the same; also those who practice some mechanical trade therein or keep a retail store;... those who reside for a period of ten years in a home of his own; and also foreigners who, in accordance with the common law, royal orders and other laws of the kingdom, may have become naturalized or acquired residence therein...

Though it is unclear whether or not the Philippines would have been within the scope of these laws, some authors and Supreme Court justices later argued that the Philippines, as a colony would have been included as one of the kingdoms in that law: Moreover, the Government of the Spanish Monarchy, in encouraging the multiplication of her subjects during the period of her glory and in granting citizenship by birth in these kingdoms which were carried forward in the Spanish Civil Code in 1889, under the same policy of the multiplication of her subjects, can have no other intention than to apply said law to the inhabitants of its dominions, colonies and territories under its sovereignties.[2]

Another law of Spain which involved citizenship was the Order of the Regency of 14 August 1941. Some provisions stated that: Foreigners who desire to gain Spanish citizenship should apply for it by means of an application filed with the Governor-General who was empowered in the interest of the nation to grant or deny the same. Compliance with this Royal Decree has been declared absolutely essential for the acquisition of citizenship with a view to acquire the status of a Spanish subject in the Philippine Islands prior to the change of sovereignty.[3]

The Royal Decree of 23 August 1868, promulgated specifically for the Philippine Islands, provided for the political status of children of foreigners born in the Philippines. The following were considered foreigners: First, the legitimate and recognized natural children of a father who belongs to another independent State, and the unrecognized natural, and other illegitimate children of a mother belonging to another State born outside of the Spanish dominions; Second- The children specified in the

preceding paragraph, born in the Spanish dominions or on board Spanish vessels on high seas if they do not, on attaining the age of majority fixed in the laws of the kingdom, elect Spanish nationality; Third- Those being Spaniards, acquire another nationality, as well by renouncing the first as be accepting employment from another government without authority of the sovereign; Fourth- The woman who contracts marriage with the subject of another state.[4]

Finally, there was the Law of 4 July 1870 the Ley Extranjera de Ultramar which was expressly extended to the Philippines by Royal Decree of 13 July 1870, and published in the Official Gazette on 18 September 1870: Art. 1. These are foreigners: (a) All persons born of foreign parents outside of the Spanish territory; (b) Those born outside of the Spanish territory of foreign fathers and Spanish mothers while they do not claim Spanish nationality; (c) Those born in Spanish territory of foreign parents, or foreign fathers and Spanish mothers, while they do not make that claim; (d) Spaniards who may have lost their nationality; (e) Those born outside of Spanish territory of parents who may have lost their Spanish nationality; and (f) The Spanish woman married to a foreigner. For purposes of this article, national vessels are considered a part of Spanish dominions.

Art. 2. Foreigners who under the laws obtain naturalization papers or acquire domicile in any town in the Spanish provinces of the Ultramar are considered Spaniards.

B. Treaty of Paris To end the six-month hostilities between Spain and the United States following the declaration of war by the United States in 25 April 1898, Commissioners met in Paris on 1 October 1898 to produce a treaty that would bring an end to the war. The treaty was signed on 10 December 1898 whereby Spain yielded possession of the Philippines, along with Puerto Rico, Guam and Cuba, to the United States. The treaty tackled the disposition of the Islands ceded by Spain to the United States Article IX of the Treaty of Paris defined those who were the citizens of the Philippines. The provision read:

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce, and professions, being subject thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratification of this treaty, a declaration of their decision to preserve such allegiance; in default of which they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The

civil and

political status of

the native

inhabitants

of

the

territories thereby ceded to the United States shall be determined by the Congress.[5]

Under the Treaty, native subjects and Spanish subjects who did not exercise their option to leave the Philippines, but remained in the country and adopted the nationality of the Philippines were considered citizens of the Philippines. However, those Spanish subjects who remained in the Philippines, but who declared before a court of record their intention to preserve their allegiance to Spain within a year and a half from the date of ratification of the treaty (11 April 1900) retained their Spanish nationality. In the case of Bosque v. U.S., 1 Phil.88 (1908) it was held that the absence of a Spanish subject from the Philippines during the entire period allowed by treaty for making a declaration of his intention to preserve allegiance to the Crown of Spain prevented the loss of his Spanish Nationality by his failure to make such a declaration. It was opined that under the treaty it was necessary that he had a residence de facto in the Philippines for the eighteen months following the ratification of the treaty. A child under parental authority whose father did not take advantage of the right of declaration of Spanish citizenship as provided for by the treaty also was considered a citizen of the Philippines. However, if the child had no parents or guardians in

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the Philippines or Puerto Rico at the time the treaty was ratified, he would retain his Spanish nationality without the necessity of declaring such to be his intention.[7]

C. The Philippine Bill The Philippine Bill was enacted by the Congress of the United States on 1 July 1902. It was the composite report of two Philippine Commissions, the work of the War Departments of the United States, hearing before the committees of U.S. Congress and legislative conferences. The act was originally thought out to be a temporary one. It was meant to prepare the Filipinos for independence and self-governance for a period of at most eight years. However, it became the guide for the administration of civil government of the Philippines for fourteen years. It has little character of a constitutional act. Those provisions which one would expect to find in a constitution, such as establishing the framework for government, limiting governmental powers, and providing for the political organization of the executive, legislative and judicial branches, were lacking[8]. An assembly was, however, authorized for a future date. Most of the sections concerned general legislation on commerce, the sale and lease of public lands, utilization of forests, granting of mining claims, municipal bonds and franchises. The Bill of Rights was also extended. Section 4 of the Philippine Bill defines who the citizens of the Philippines were. It stated: That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except as such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the united States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine legislature is hereby authorized to provide by law for the acquisition Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Island who could become citizens of the United States if residing therein.

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All those that were considered citizens of the Philippines under the Treaty of Paris were deemed to be citizens under the Philippine Bill. All those born after 11 April 1899 to parents who were Spanish subjects on that date and who continued to reside in the Philippines were ipso factocitizens of the Philippine Islands. In effect the doctrine of jus soli, citizenship by place of birth,

which prevails in the United States, was extended to thePhilippines. A woman of foreign nationality who married a citizen of the Philippines was also considered a Philippine citizen as she followed her husbands citizenship [ Children born of Chinese fathers and Filipina mothers within the Philippines, with certain exceptions, were also citizens of the Philippines. Even though the Chinese father and mother of the child were not legally married, the child was nevertheless presumed prima facie to be a citizen of the Philippines, inasmuch as under the law he followed the status of his legally recognized parent, who is his mother, a Filipina. If such children were taken to their fathers country during their minority, they still remained citizens of the Philippines. However, if their fathers origin claimed them as citizens under the principle ofjus sanguinis, they were then considered as possessing dual nationality. Children born in the Philippines of Chinese parents were also considered citizens of the Philippines. A child born of alien parents, who went to his fathers native land at a tender age and remained there during minority, on becoming of age, he should elect Philippine citizenship if he desires to be a citizen of the Philippines. A failure to express such desire within a reasonable period of time should be regarded as a strong presumption of his purpose to become definitely identified with the body politic of his fathers country. Citizenship may be lost by the action of a person, either express or implied. Expatriation is the voluntary renunciation of ones nationality and allegiance by becoming a citizen of another country.Actual renunciation may not be necessary in order to forfeit citizenship; a mere absence for a prolonged period, without an intention to return may be sufficient. The rule of the Department of State of the United States government was adopted, whereby, a continued residence abroad for three years, after attainment of majority, produces a loss of citizenship, unless it is clearly proved that animus revertendi existed. Commission of certain crimes may also cause the loss of citizenship.

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D. The Philippine Autonomy Act (Jones Law) The Philippine Bill was later on superseded by Philippine Autonomy Act. The latter was superior in various ways to the former. It essentially mirrored a constitution as it provided for a framework of government, Bill of Rights and certain positive powers and prohibitions. It, however, retained in totothe same provision on citizenship as its predecessor. Section 2 of the Act stated: That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed citizens of the Philippine Islands, except as such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provision of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninetyeight, and except such others as have since become citizens of some other country: Provided, That the Philippine legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possession of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.[16]

As the above-stated provision is just a re-enactment of Section 4 of the Philippine Bill, all persons considered as citizens under the former law were also considered as such under the Philippine Autonomy Act. However, it was only in the latter that the proviso, also found in the Philippine Bill, providing for suppletory law for the acquisition of Philippine citizenship was given effect by the enactment of Act No. 2927 by the Philippine Legislature in 1920. The said law constituted the Naturalization Act of the Philippines. Under the law citizenship may now be acquired by the following groups of people: a. b. c. d. natives of the Philippines who are not citizens thereof; natives of insular possessions of the United States; and citizens of the United States, or foreigners who, under the laws of the United States, may become citizens of the later country if residing therein

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E. 1935 Constitution

In the 1935 Constitution, Filipino citizenship was defined, classified and regulated by Article IV, which stated that: 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 the Constitution, had been elected to public office in the Philippine Islands (3) (4) Those whose fathers are citizens of the Philippines 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.

Those who were considered citizens at the time of the adoption of the constitution included those deemed citizens under the Jones Law: all inhabitants of the Philippine Islands, who were Spanish subjects on the 11th day of April, 1989, and then residing in the said islands, and their children born and subsequent thereto... This was in turn a reproduction of Section 4 of the Philippine Bill of 1902. Those who were naturalized according to the Naturalization Law of Act No. 2927 (March 26, 1920), come under the scope of Section 1(1). Under this Act, the privilege of naturalization was given to the following persons: (1) natives of the Philippines who were not citizens of the Philippines, because they were not living in the Philippines on April 11, 1899, and were not subjects of Spain on that date, not were they children of Filipino citizens born after that date; (2) natives of the insular possessions of the United States, such as natives of Guam, Hawaii, Puerto Rico, and the

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Virgin Islands; (3) residents of the Philippines who were citizens of the United States; and (4) residents of the Philippines who could become citizens of the United States under the American laws if residing there.

As can be seen from the previous citizenship laws, the principle of jus sanguinis was not applicable prior to the 1935 Constitution. Before Section 1, which considered citizens those whose fathers were Filipino citizens, the prevailing doctrine had been jus soli.[21] By recognizing the principle of jus sanguinis, it was recognized that a blood relationship would serve as a better guarantee of loyalty to the country of ones parents[22] than jus soli. Section 1(2), at the time the Constitution was framed, was said to be inserted for the benefit of Delegate Fermin Caram of Iloilo. Since Caram was born of Syrian parents and had not been naturalized, an anomaly of the Constitution being signed by one who is not a citizen would have been an issue, if thus subsection had not been included. However, the Supreme Court has held that the delegates would not have added such a provision without considering its effect on others. Section 1(4) contemplated a situation where only the mother was a Filipino citizen, and gave the child an opportunity to elect Filipino citizenship only when he reached the age of majority. Prior to his reaching such an age, he at most has an inchoate right to Filipino citizenship.[24] The provision is also applicable to mothers who were Filipinos before acquiring the nationality of their foreign spouses. To restrict its interpretation in such a way that the time of election was considered controlling as to the status when the mother should be a Filipina would have nullified the particular provision.[25] For illegitimate children however, this provision would not have been applicable, since the citizenship of the father would not then be material, since an illegitimate child as a rule follows the nationality of the mother.[ The right to elect is governed by Commonwealth Act No. 652, which states the requirements and procedure for election, and must be express: Option to elect Philippine citizenship shall be expressed in a statement to be filed and sworn to by the party concerned before any officer authorized to administer oath and shall be filed with the nearest civil registrar. The party elected must likewise accompany the aforementioned statement with the oath of allegiance to the Constitution and the Government of the Philippines. Where the party concerned resides abroad, he must make the statement before any officer of the government of

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the Philippines authorized to administer oaths and must forward such statement together with his oath of allegiance to the civil registrar of Manila.[

On the naturalization of non-citizens, Section 1(5) possessed great significance. Desirable aliens are welcomed, but a balance must be created wherein the law bars undesirables without unduly discouraging the worthwhile aliens desirous of becoming Filipinos.[28] Naturalization has been defined as the legal act of adopting an alien and clothing him with the rights that belong to a natural born citizen. Naturalization may be obtained through a general law of naturalization applied through a judicial process.[29]

F. 1973 Constitution Article III, Section 2 enumerates the following as citizens of the Philippines: 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution. 2. Those 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 naturalized in accordance with law. whose fathers or mothers are citizens of

The purpose of the first paragraph of the provision was to protect the continued enjoyment of Philippine citizenship to those who already possess the right as of 17 January 1973. The Section 2(2) followed the principle of jus sanguinis. However, unlike the 1935 Constitution, Filipino mothers were placed by the 1973 Constitution on equal footing with Filipino fathers as far as the determination of the citizenship of their children was concerned. The father or mother may be a natural-born Filipino or a Filipino by naturalization or by election. The only important consideration here was that the mother must be a Filipino at the time of the birth of the child. It must be reiterated that this rule applied only to those born of a Filipino mother on or after 17 January 1973.

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As the 1973 Constitution followed the doctrine of jus sanguinis, it disregarded the place of birth of a person. As long as one was born of Filipino parents, he was considered a Filipino. If he was born in a country where the rule of jus soli was the prevailing principle, it would be a case of dual citizenship. The Section 2(3) defined the status of individuals who elect Philippine citizenship under the 1935 Constitution. Under the said Constitution, a child born of a Filipina mother married to an alien was considered an alien unless he elected Philippine citizenship within a reasonable period after reaching the age of majority. However, if his mother reacquired her Philippines citizenship during his minority there was no need for election since by operation of law, he is a Filipino citizen. Section 2(4) provided for a means by which even individuals, who were not Filipino citizens by virtue of birth or of Filipino mothers, may become citizens of the Philippines through naturalization.

G. 1987 Constitution The 1987 Constitution builds on the previous Constitutions, but modifies provisions which cannot be found in the 1973 and 1935 Constitution. Those who were citizens during the adoption of the new Constitution were considered citizens. However, this does not rectify any defects in the acquisition of such citizenship under the 1935 or 1973 Constitution. If a persons citizenship was subject to judicial challenge under the old law, it still remains subject to challenge under the new whether or not the judicial challenge had been commenced prior to the effectivity of the new Constitution. [30] The principle of jus sanguinis still applies, and in following the lead of the 1973 Constitution, the Filipino woman is placed on the same footing as Filipino men in matters of citizenship. It is essential, however, that the mother is a Filipina when the child is born.[31] The principle of parental authority is still applicable in the new Constitution, so this article only applies to legitimate children, not to adopted or illegitimate ones. Mothers have parental authority over illegitimate children. Adopted children, on the other hand, as they are not related by blood, do not follow their adoptive parents citizenship, despite being under their parental authority.[32] As for those who were born after the adoption of the 1973 Constitution of Filipino mothers, the 1987 Constitution still provides the transitory provision that was also in the 1973 Constitution: Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.[33]

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Naturalization still remains one of the ways by which a person may acquire citizenship. Section 2 of the 1987 Constitution defines natural born citizens: 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

In the 1973 Constitution, the second sentence was not yet included. Furthermore, even under the 1935 Constitution, it was not settled whether the child of a Filipino mother who elects Philippine citizenship was a natural-born Filipino or a naturalized one. A liberal view was adopted by the 1987 Constitution, based on the argument that the election retroacts to the moment of birth, since it was such that gives him potential to make the election.[34] However, if a person loses his citizenship and subsequently reacquires such citizenship, that person would no longer be considered a natural-born Filipino but a naturalized one (whether under the 1973 or the 1987 Constitution). An exception to this rule is reacquiring ones citizenship through repatriation, where one regains ones former citizenship.[35] Section 3 states that Philippine citizenship may be lost or reacquired in the manner provided by law.[36] The loss of citizenship is governed by two laws, Commonwealth Act No. 63 (for natural-born and naturalized citizenship) and Commonwealth Act No. 473 (for naturalized citizenship). Under C.A. No. 63, citizenship may be lost: through naturalization in a foreign country, by express renunciation of citizenship, by oath of allegiance to a foreign country, by rendering service in the armed forces of a foreign country, and by being a deserter of the armed forces. Under Commonwealth Act No. 473, ones certificate of naturalization may be cancelled if found to have been fraudulently obtained, by permanent residence in the country of origin within five years of naturalization, or when petition is found to have been made on an invalid declaration of intent, or upon failure to comply with the requirements for the education of minor children, or if the person allows himself to be a dummy for aliens.[37] Reacquisition may happen either through naturalization or repatriation. Section 4, which states that 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,[38] modifies the 1973 Constitution by making no reference to

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sex... on the chance that some country might have a law which divests a foreign husband of his citizenship.[39] In Section 5, the Constitution recognizes the problem of dual allegiance, but leaves concrete ways of dealing with it to Congress.[40] The same may be said of dual citizenship, which is not contemplated in the provision, it being a seldom intentional and perhaps never insidious...condition that arises from the fact that Philippine law cannot control international law, and the laws of other countries on citizenship. [41] Dual Citizenship is covered by RA 9225, which provides that natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their citizenship after taking the oath mentioned therein. As can be seen, though there had been changes from the Spanish Laws to the Philippine Constitutions, continuity has been maintained. Each Constitution usually includes a provision to accommodate previous ones. Major changes include the transition from jus soli to jus sanguinis in the 1935 Constitution, the equalization of men and women (fathers and mothers) as regards citizenship in the 1973 Constitution, and the classification of children of Filipino mothers who needed to elect citizenship as natural-born, the retention of citizenship upon marriage to foreigners, and the recognition of the problem of dual allegiance in the 1987 Constitution.

LAWS GOVERNING CITIZENSHIP

*COMMONWEALTH ACT No. 63 AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED *COMMONWEALTH ACT No. 473 AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT.

References: Constitutional Law, Isagani I Cruz, 2000 The Politics of Aristotle, edited and translated by Ernest Barker, Oxford University Press, London, 1946 p.93 The 1987 Philippine Constitution, Joaquin Bernas, 4th edition,p.238 2008 Political Law and Public International Law

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The Philippine Citizenship

20 In the case of Fornier versus COMELEC and Ronald Allan Kelly Poe, also known as Fernando Poe Jr., docketed as G. R. No. 161824 and promulgated on March 3, 2004, the Supreme Court of the Philippines pointed out that 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. Greek philosopher Aristotle, in the book entitled The Principle of Politics (1946), as edited and translated by Ernest Larker, gave the earliest concept of citizenship sometime in 384 to 322 B.C. when he described the citizen as a man who shared in the administration of justice and in the holding of an office. In other words, he defines citizenship as he who has the power to take part in the deliberative or judicial administration of any state. However, he saw significance of it to determine the constituency of the State, which he described as being composed of such persons who would be adequate in number to achieve a self-sufficient existence.

In the book, The Conditions of Citizenship, (1994) [as edited by Bart Van Steenbergen, Sage Publications, London, Thousand Oaks, New Delhi], Aristotles concept of citizenship was expanded to include one who would both govern and be governed, for which qualifications like autonomy, judgment and loyalty could be expected. Citizenship was seen to deal with rights and entitlements, on the one hand, and with concomitant obligations, on the other. The concept of citizenship has three main elements. Citizenship as legal status is defined by civil, political and social rights. Under this element, the citizen is the legal person free to act according to the law and have the right to claims with the protection of the law. It need not mean that the citizen takes part in the law's formulation, nor does it require that rights be uniform between citizens. Citizenship as as political agents defined by actively participating in a society's political institutions. Citizenship as membership in a political community that furnishes a distinct source of identity. The concept of citizenship had undergone several changes. In the 18th century, the concept of citizenship was confined to civil citizenship.Under this concept, rights necessary for individual freedom were established. These rights refer to rights to property, personal liberty and justice. In the 19th century, the same concept was expanded to include political rights. And in the 20th century, another expansion of the concept was made to include social citizenship. What is social citizenship? This is the citizenship of an individual, which recognizes the right of the citizen to economic well-being and social security. History books gave us the impression that Jose P. Rizal, Andres Bonifacio, and other inhabitants of the Philippines who fought against the Spanish government for the independence of the Philippines were citizens of the Philippines. Hence, they were Filipinos. The question is: Were they really citizens of the Philippines? To find the answer, let us take a deeper analysis of the historical events in the Philippines and decision of the Supreme Court. The Spaniards executed Jose Rizal on December 30, 1898. The mediation that Andres Bonifacio did because of the misunderstanding among those who fight against the Spanish government was rebuffed by the clannish middle class of Cavite as divisive and harmful to unity. Gen. Emilio Aguinaldo, the elected president of the provisional revolutionary government, ordered the arrest, trial, and execution for "treason and sedition" of Bonifacio and his brothers. On May 10, 1897, Bonifacio was executed. Both of them died fighting for the freedom of the Philippines. They have given up their lives in the hope that the Philippines would be free from tyranny. They died before the Spain ceded to the United States their authorities over the Philippines.

21

The Philippine Citizenship

The Supreme Court pointed out that there was no such term as "Philippine citizens" during the Spanish regime. The people then were instead considered as "subjects of Spain" or "Spanish subjects." In church records, the natives were called'indios'. Indios were regarded as lowly class level of inhabitants of the archipelago. According to Leon T. Garcia, in his book entitled The Problems of Citizenship in the Philippines, (1949), the laws of Spain on citizenship were never made to apply to the Philippines, except those extended by the Royal Decrees. There were four (4) decrees that can be traced back as early as the 1800s.

Under Law 3, Book 6, Title II, of Novisima Recopilacion promulgated inSpain on 16 July 1805, the following were considered citizens: All foreigners who obtained the privilege of naturalization, those who were born in these kingdoms; those who, residing therein may be converted to the holy Catholic faith; those being self-supporting, established their domicile therein; those who ask for and obtain residence in any town thereof; those who marry native women of said kingdoms and domiciled therein; and in case of a foreign woman who marries a native man, she thereby becomes subject to the same laws and acquires the same domicile as her husband; those who establish themselves in the country by acquiring real property; those who have trade or profession and go there to practice the same; also those who practice some mechanical trade therein or keep a retail store;... those who reside for a period of ten years in a home of his own; and also foreigners who, in accordance with the common law, royal orders and other laws of the kingdom, may have become naturalized or acquired residence therein...

There were disagreement as to whether or not the Philippines was within the scope of these laws, however, some authors and even Supreme Court justices argued that the Philippines was included as one of the kingdoms in that law.

The Spains Order of the Regency of August 14, 1941 provides that foreigners who desire to gain Spanish citizenship should apply for it by means of an application filed with the Governor-General who was empowered in the interest of the nation to grant or deny the same. Compliance with this Royal Decree has been declared absolutely essential for the acquisition of citizenship with a view to acquire the status of a Spanish subject in the Philippine Islands prior to the change of sovereignty.

The Royal Decree of 23 August 1868 provided that the following were considered foreigners:

First, the legitimate and recognized natural children of a father who belongs to another independent State, and the unrecognized natural, and other illegitimate children of a mother belonging to another State born outside of the Spanish dominions; Second- The children specified in the preceding paragraph, born in the Spanish dominions or on board Spanish vessels on high seas if they do not, on attaining the age of majority fixed in the laws of the kingdom, elect Spanish nationality; Third- Those being Spaniards,

22 acquire another nationality, as well by renouncing the first as be accepting employment from another government without authority of the sovereign; Fourth- The woman who contracts marriage with the subject of another state.

The Law of 4 July 1870 the Ley Extranjera de Ultramar, as published in the Official Gazette on 18 September 1870, provided that -

Art. 1. These are foreigners: (a) All persons born of foreign parents outside of the Spanish territory; (b) Those born outside of the Spanish territory of foreign fathers and Spanish mothers while they do not claim Spanish nationality; (c) Those born in Spanish territory of foreign parents, or foreign fathers and Spanish mothers, while they do not make that claim; (d) Spaniards who may have lost their nationality; (e) Those born outside of Spanish territory of parents who may have lost their Spanish nationality; and (f) The Spanish woman married to a foreigner. For purposes of this article, national vessels are considered a part of Spanish dominions.
Art. 2. Foreigners who under the laws obtain naturalization papers or acquire domicile in any town in the Spanish provinces of the Ultramar are considered Spaniards.

The Philippine Citizenship

The year 1898 was considered the turning point in history on the Spanish ruling over the Philippines. At this time, the power of Spain declined. She was forced to give up to the clout of the United States.
The United States in April 25, 1898 declared were against Spain. To end the six-month hostilities between Spain and the United States, a treaty was entered into.The treaty was signed on December 10, 1898 and Spain was forced to yield the possession of the Philippines, along with Puerto Rico, Guam and Cuba, to the United States. This treaty was known as the Treaty of Paris of 1898. Under the treaty, the Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce, and professions, being subject in respect thereof to such laws as are applicable to foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they reside. Under the Treaty of Paris, both native and Spanish subjects who did not exercise their option to leave the Philippines, but remained in the country and adopted the nationality of the Philippines were considered citizens of the Philippines. However, those Spanish subjects who remained in the Philippines and declared before a court of record their intention to preserve their allegiance to Spain within a year and a half from the date of ratification of the treaty retained their Spanish nationality

23 Upon the ratification of the treaty on April 11, 1900, the civil rights and political status of the native inhabitants of the Philippines were yielded to the United States thereby ceasing them also to be Spanish subjects. But ceding to the United States did not mean becoming American citizens.

For the first time in the Philippine history, the term "citizens of the Philippine Islands" appeared in the Philippine Bill of 1902, thereafter known as the Philippine Organic Act of 1902. Part of which provides
".... that all inhabitants of the Philippine Islands continuing to reside therein, who were Spanish subjects on the 11th day of April, 1891, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris, December tenth eighteen hundred and ninety eight."

Under the said Act, to be considered a citizen of the Philippines, one must be an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. An inhabitant refers to one that is a native-born inhabitant, an inhabitant who was a native of Peninsular Spain, and an inhabitant who obtained Spanish papers on or before 11 April 1899.
How about those children who were born in the Philippines from 11 April 1899 to 01 July 1902? How are they considered in terms of citizenship? It should be noted that during these period no citizenship law existed in the Philippines.

COMMONWEALTH ACT No. 473 AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTYEIGHT. Be it enacted by the National Assembly of the Philippines: Section 1. Title of Act. This Act shall be known and may be cited as the "Revised Naturalization Law." Section 2. Qualifications. Subject to section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization: First. He must be not less than twenty-one years of age on the day of the hearing of the petition; Second. He must have resided in the Philippines for a continuous period of not less than ten years;

24

Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living. Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation; Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education1 of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen. Section 3. Special qualifications. The ten years of continuous residence required under the second condition of the last preceding section shall be understood as reduced to five years for any petitioner having any of the following qualifications: 1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof; 2. Having established a new industry or introduced a useful invention in the Philippines; 3. Being married to a Filipino woman; 4. Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years; 5. Having been born in the Philippines. Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens: a. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments; b. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas; c. Polygamists or believers in the practice of polygamy; d. Persons convicted of crimes involving moral turpitude; e. Persons suffering from mental alienation or incurable contagious diseases; f. Persons 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; g. Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during the period of such war; h. Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof. Section 5. Declaration of intention. One year prior to the filing of his petition for admission to Philippine citizenship, the applicant for Philippine citizenship shall file with

25

the Bureau of Justice4 a declaration under oath that it is bona fide his intention to become a citizen of the Philippines. Such declaration shall set forth name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the place of residence in the Philippines at the time of making the declaration. No declaration shall be valid until lawful entry for permanent residence has been established and a certificate showing the date, place, and manner of his arrival has been issued. The declarant must also state that he has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Office of Private Education5 of the Philippines, where Philippine history, government, and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen. Each declarant must furnish two photographs of himself. Section 6. Persons exempt from requirement to make a declaration of intention. Persons born in the Philippines and have received their primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality, and those who have resided continuously in the Philippines for a period of thirty years or more before filing their application, may be naturalized without having to make a declaration of intention upon complying with the other requirements of this Act. To such requirements shall be added that which establishes that the applicant has given primary and secondary education to all his children in the public schools or in private schools recognized by the Government and not limited to any race or nationality. The same shall be understood applicable with respect to the widow and minor children of an alien who has declared his intention to become a citizen of the Philippines, and dies before he is actually naturalized.6 Section 7. Petition for citizenship. Any person desiring to acquire Philippine citizenship shall file with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his present and former places of residence; his occupation; the place and date of his birth; whether single or married and the father of children, the name, age, birthplace and residence of the wife and of each of the children; the approximate date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act; that he has complied with the requirements of section five of this Act; and that he will reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must be made part of the petition. Section 8. Competent court.The Court of First Instance of the province in which the petitioner has resided at least one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition. Section 9. Notification and appearance.Immediately upon the filing of a petition, it shall be the duty of the clerk of the court to publish the same at petitioner's expense,

26

once a week for three consecutive weeks, in the Official Gazette, and in one of the newspapers of general circulation in the province where the petitioner resides, and to have copies of said petition and a general notice of the hearing posted in a public and conspicuous place in his office or in the building where said office is located, setting forth in such notice the name, birthplace and residence of the petitioner, the date and place of his arrival in the Philippines, the names of the witnesses whom the petitioner proposes to introduce in support of his petition, and the date of the hearing of the petition, which hearing shall not be held within ninety days from the date of the last publication of the notice. The clerk shall, as soon as possible, forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Department of the Interior, 7 the Bureau of Justice,8 the Provincial Inspector9 of the Philippine Constabulary of the province and the justice of the peace10 of the municipality wherein the petitioner resides. Section 10. Hearing of the petition.No petition shall be heard within the thirty days preceding any election. The hearing shall be public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of the Commonwealth11 of the Philippines at all the proceedings and at the hearing. If, after the hearing, the court believes, in view of the evidence taken, that the petitioner has all the qualifications required by, and none of the disqualifications specified in this Act and has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued and the registration of the said naturalization certificate in the proper civil registry as required in section ten of Act Numbered Three thousand seven hundred and fifty-three.12 Section 11. Appeal.The final sentence may, at the instance of either of the parties, be appealed to the Supreme Court.13 Section 12. Issuance of the Certificate of Naturalization.If, after the lapse of thirty days from and after the date on which the parties were notified of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has been confirmed by the Supreme Court,14 and the said decision has become final, the clerk of the court which heard the petition shall issue to the petitioner a naturalization certificate which shall, among other things, state the following: The file number of the petition, the number of the naturalization certificate, the signature of the person naturalized affixed in the presence of the clerk of the court, the personal circumstances of the person naturalized, the dates on which his declaration of intention and petition were filed, the date of the decision granting the petition, and the name of the judge who rendered the decision. A photograph of the petitioner with the dry seal affixed thereto of the court which granted the petition, must be affixed to the certificate. Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath: "I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am a subject or citizen; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees promulgated by the duly constituted authorities of the Commonwealth15 of the Philippines; [and I hereby declare that I recognize and accept the supreme authority of the United States of America in the Philippines and will maintain true faith and allegiance thereto; 16 and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion. "So help me God."

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Section 13. Record books.The clerk of the court shall keep two books; one in which the petition and declarations of intention shall be recorded in chronological order, noting all proceedings thereof from the filing of the petition to the final issuance of the naturalization certificate; and another, which shall be a record of naturalization certificates each page of which shall have a duplicate which shall be duly attested by the clerk of the court and delivered to the petitioner. Section 14. Fees.The clerk of the Court of First Instance shall charge as fees for recording a petition for naturalization and for the proceedings in connection therewith, including the issuance of the certificate, the sum of thirty pesos. The Clerk of the Supreme Court17 shall collect for each appeal and for the services rendered by him in connection therewith, the sum of twenty-four pesos. Section 15. Effect of the naturalization on wife and children.Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines. Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof. A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age. A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the

*************************** MISSING PAGE "#329" ***********************

the fault of their parents either by neglecting to support them or by transferring them to another school or schools. A certified copy of the decree canceling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior20 and the Bureau of Justice.21 (e) If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right, franchise or privilege.

Section 19. Penalties for violation of this Act.Any person who shall fraudulently make, falsify, forge, change, alter, or cause or aid any person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing or altering a naturalization certificate for the purpose of making use thereof, or in order that the same

28

may be used by another person or persons, and any person who shall purposely aid and assist another in obtaining a naturalization certificate in violation of the provisions of this Act, shall be punished by a fine of not more than five thousand pesos or by imprisonment for not more than five years, or both, and in the case that the person convicted is a naturalized citizen his certificate of naturalization and the registration of the same in the proper civil registry shall be ordered cancelled. Section 20. Prescription.No person shall be prosecuted, charged, or punished for an offense implying a violation of the provisions of this Act, unless the information or complaint is filed within five years from the detection or discovery of the commission of said offense. Section 21. Regulation and blanks.The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization certificate blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor-General, subject to the approval of the Secretary of Justice. Section 22. Repealing clause.Act Numbered Twenty-nine hundred and twenty-seven as amended by Act Numbered Thirty-four hundred and forty-eight, entitled "The Naturalization Law", is repealed: Provided, That nothing in this Act shall be construed to affect any prosecution, suit, action, or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing before the taking effect of this Act, but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the laws, or parts of laws repealed or amended by this Act are continued in force and effect. Section 23. Date when this Act shall take effect.This Act shall take effect on its approval. Approved, June 17, 1939.

COMMONWEALTH ACT No. 63 AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED Be it enacted by the National Assembly of the Philippines: Section 1. How citizenship may be lost. A Filipino citizen may lose his citizenship in any of the following ways and/or events: (1) By 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 twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country; (4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of

29

such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present: (a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or (b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to said foreign country: And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen; (5) By cancellation of the of the certificates of naturalization; (6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and (7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality. 1 The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic Ibero-American countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.2 Section. 2. How citizenship may be reacquired. Citizenship may be reacquired: (1) By naturalization: Provided, That the applicant possess none of the disqualification's prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven,3 (2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status;4 and (3) By direct act of the National Assembly. Section 3. Procedure incident to reacquisition of Philippine citizenship. The procedure prescribed for naturalization under Act Numbered Twenty-nine hundred and twentyseven,5 as amended, shall apply to the reacquisition of Philippine citizenship by naturalization provided for in the next preceding section: Provided, That the

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qualifications and special qualifications prescribed in section three and four of said Act shall not be required: And provided, further, (1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization; (2) That he shall 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 with the community in which he is living; and (3) That he subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject. Section 4. Repatriation shall be effected by merely taking the necessary oath of allegiance to the Commonwealth6 of the Philippines and registration in the proper civil registry. Section 5. The Secretary of Justice shall issue the necessary regulations for the proper enforcement of this Act. Naturalization blanks and other blanks required for carrying out the provisions of this Act shall be prepared and furnished by the Solicitor General, subject to approval of the Secretary of Justice. Section 6. This Act shall take effect upon its approval. Approved, October 21, 1936.

*As Amended by RA 106, RA 2639 and RA 3834. Words in bold in the text above are amendments introduced by RA 106, section 1, approved June 2, 1947. Statutory History of section 1: Original textSECTION 1. How citizenship may be lost. - A Filipino citizen may lose his citizenship in any of the following ways and/or events: (1) By 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 twenty-one years of age or more; (4) By accepting commission in the [military, naval or air service] of a foreign country; (5) By cancellation of the certificate of naturalization; (6) By having been declared by competent authority, a deserted of the Philippine [army, navy or air corps] in time of war, unless subsequently a plenary pardon or amnesty has been granted; and (7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her husband's country, she acquires his nationality. (Ed. Note: Words in brackets were deleted in RA 106 supra.) Words in bold in the text above are amendments introduced by RA 3834, section 1, approved June 22, 1963 to the last paragraph of section 1. Said paragraph was inserted as an amendment by RA 2639, section 1, approved June
2 1

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18, 1960.. Statutory History of (last paragraph of section 1): The provisions of the paragraph as inserted by RA 2639, being similar to the amemded provisions, supra, except for the words in bold, are not reproduced here.
3

Now Ca 473.

See PD 725 promulgated June 5, 1975 providing for repatriation of filipino women who had lost their Philippine citizenship by marriage to aliens.
5

Now CA 473. Now Republic.

The Citizenship Issue Historical Background: The earliest understanding was that given by Aristotle, who, sometime in 384 to 32 BC., described the citizen to refer to a man who shared in the administration of justice and in the holding of an office.

Changes

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Report Guide: I. OVERVIEW Who are the citizens of the Philippines? 1. Those who are citizens of the Philippines at 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 4. Those who are naturalized in accordance with law Take the following cases: