San Pablo Colleges. College of Law. Constitutional Law I Reviewer.

2010 Constitutions of the Republic of the Philippines Constitution  The supreme law of the land and established by the people, o which prescribes the permanent framework of the system of government, o which establishes basic principles upon which the government founded, and o which defines and allocates to the various organs of government their respective powers and duties. History and Background The Philippine Revolution and the Malolos Constitution  Gen. Aguinaldo established the Revolutionary Government replacing the Dictatorial Government with himself as the President and a Congress whose function was advisory and ministerial.  On Sept. 29, 1898, the Malolos Congress ratified the proclamation of Philippine Independence made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898 and framed the so-called Malolos Constitution.  This was the first democratic constitution ever promulgated in the whole Asia, which established a ͞free and independent Philippine Republic͟. o However, it was not recognized by the family of nations. It was short-lived. The 1935 Constitution  The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a sixyear term without re-election.  Approved on February 8, 1835  It was amended in 1940 to have a bicameral Congress composed of a Senate and House of Representatives, as well the creation of an independent electoral commission. o The Constitution now granted the President a fouryear term with a maximum of two consecutive terms in office.  The 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so. The 1973 Constitution  Composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government.  On August 24, 1970, the Congress enacted RA No. 6132, otherwise known as the Constitutional Convention Act, for the purpose of convening a Constitutional Convention.  While in the process of drafting a new Constitution, President Ferdinand Marcos declared Martial Law on September 21, 1972.  On January 17, 1973, President Marcos issued Proclamation No. 1102, announcing the ratification of the Constitution of the Republic of the Philippines.  The constitution was amended in 1976 and 1980. The 1986 Provisional Constitution  Popularly known as the Freedom Constitution  Promulgated by President Corazon C. Aquino on March 25, 1986  Was a provisional constitution after a successful People Power Revolution.

d. which promulgated the ͞Freedom Constitution͟ through a direct exercise of the power of the Filipino people. justice. Fluvial. freedom. b. and 2. The territorial areas set forth in the Treaty of Paris of Dec. 1986. The national territory of the Philippines comprises: 1. 7. Constitutional Law I Reviewer.San Pablo Colleges. Those set forth in the Treaty of Washington on Nov. imploring the aid of Almighty God. ARTICLE 1 ʹ THE NATIONAL TERRITORY . love. Between. The Philippine archipelago. 10. 1930 4. 3. The seabed. 2010  Under the Freedom Constitution. regardless of their breadth and dimensions. Other submarine areas. c. Those set forth in the Treaty between Great Britain and United States on Jan. what are covered? Preamble We. Aerial domains. 1 of the 1935 Constitution) 1. the sovereign Filipino people. and shall continue to exercise legislative powers until a legislature is elected and convened under a new Constitution. Around. consisting of its a. b. 3 issued on March 25. The waters a. The 1987 Philippine Constitution  The Constitutional Commission of 1986  Was drafted by a Constitutional Commission created under Article V of Proclamation No. It is thus a source of light. b. 2. equality and peace. 1898 2. Territorial sea. 1900 3. Connecting the islands of the archipelago. and c. promote the common good. College of Law. executive and legislative powers are exercised by the President. The insular shelves. All other territories over which the present Government of the Philippine Islands exercises jurisdiction As used in Article 1 of the 1987 Constitution. in order to build a just and humane society and establish a government that shall embody our ideals and aspirations. The subsoil. All other territories over which the Philippines has sovereignty or jurisdiction. including its a. and e. form part of the internal waters of the Philippines Four points of reference to determine the Philippine territory (as used in Art. and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth. What is the function of the Preamble in the Constitution?  It is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the Constitution. do ordain and promulgate this Constitution. and c. with all the islands and waters embraced therein. Territorial. conserve and develop our patrimony.

limited only to its territorial jurisdiction as determined by the sovereignty upon which the authority to write and approve a constitution is based. should be able to know the scope and extent of the territory over which their State exercises jurisdiction. ͞to secure the sovereignty and integrity of the national territory͟. The Archipelago Doctrine  The Philippine Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. just like the rivers and lakes found within the islands themselves. Visayas. 1898  The four points of reference mentioned earlier What is included by the phrase ͞all other territories belonging to the Philippines by historic or legal title͟?  Any territory which presently belongs or might belong to the Philippines in the future through any of the internationally accepted mode of acquiring territory. II. which are vested in the central government. each constituting as independent state except on matters of foreign relations. 10. Is the definition of our national territory binding against all other nations?  No.  The territories which under the 1973 constitution belong to the Philippines by historic right or legal title. the large bodies of water connecting the islands of the archipelago such as Mindanao Sea. between and connecting the islands of the archipelago?  Our country claims them as part of the internal waters of the Philippines. 2010  The territorial seas and waters recognized in the Convention of the Law of the Sea of Dec. Constitutional Law I Reviewer. national defense and taxation. including the generations to come. A law was passed dividing the Philippines into three regions (Luzon. thus:  The said law seeks to divide our country by dividing it into three independent states when it is precisely our goal. 3. as provided in Art. therefore. Sec. Is the law valid? (Bar Question 1996)  It is submitted that the law is not valid for being contrary to the following provisions of the 1987 Constitution.San Pablo Colleges. What is our claim with respect to the waters around. the Sulu Sea and the Sibuyan Sea are considered by the Philippines as part of the internal waters. the scope and the extent of our national territory?  There is a need to draw the lines so that the State and the inhabitants thereof. . The Constitution is a municipal law and its effectivity and enforcement is. Why is there a need to draw the lines. College of Law. regardless of their breadth and dimensions. and Mindanao). What are considered by the Philippines as part of its internal waters?  Based on the doctrine.

more or less numerous 2. .12 n. A community of persons.  There is already an autonomous region in Muslim Mindanao and the Cordilleras and they already exist in line with. Sovereignty 1. Can a ship or ships of other states enjoy the right of innocent passage through the territorial sea? How about in the internal waters? A ship or ships of other states can enjoy the rights of innocent passage through the territorial sea. Territorium Nullius ʹterritory of no one.  Capable of maintaining the continued existence of the community. Sec. Sovereignty resides in the people and all government authority emanates from them. College of Law. Elements of a State (for municipal law purposes) 1. and  Held together by a common bond of law. Territorial Sea/maritime belt ʹ that portion of the sea adjacent to the coast of the state which is under its jurisdictional control. Independent of external control 4. as declared in Art. 11.  Important distances with respect to the waters around the Philippines 1. from the baseline [includes (1) and (2)] ARTICLE II ʹ DECLARATION OF PRINCIPLES AND STATE POLICIES Sec 1.200 n.) 2. Convention on the Law of the Sea)  Foreign vessels have no right of innocent passage through the internal waters. X. The said law is therefore a violation of the Art. II. Possessing an organized government to which the great body of inhabitants render habitual obedience People  A Community of persons  Sufficient in number.12 nautical miles (n. Exclusive economic zone . (Art. 1. Permanently occupying a definite portion of territory 3.m. It is lodged in the people. Contiguous zone . from the edge of the territorial sea 3. LEGAL sovereignty a. 15 of the 1987 Constitution which already mandated the creation of an autonomous region in the said areas. and within the framework of our national sovereignty and territorial integrity.m. The Philippines is a democratic and republican State. not three independent states.m. Constitutional Law I Reviewer. a territory which is the land of no state. Internal waters ʹwaters on the landmark side of the baselines from which the breadth of the territorial sea is calculated. Territorial sea . b.San Pablo Colleges. 2010  There should only be one democratic and republican state in the Philippines. Sec. The supreme power to make law.

Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Sec. 83 Phil. 90 Phil. equality. and amity with all nations. POLITICAL sovereignty a. Constitutional Law I established in defiance of the legitimate sovereign Republican State  It is one wherein all government authority emanates from the people. or o which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. and  is exercised by representatives chosen by the established by the authority of the legitimate sovereign 2. Democratic State  This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and referendum. De facto . Kind of war renounced by the Philippines  The Philippines only renounces AGGRESSIVE war as an instrument of national policy. The Vienna Convention on Road Signs and Signals (Agustin v. The right of a country to establish military commissions to try war criminals (Kuroda v. Some "generally accepted principles of international law" recognized by the Court: 1. Classification of governments 1.  Diplomatic recognition remains a matter of executive discretion. Which determine the course of law. 2. 88 SCRA 195) Amity with all nations  This does not mean automatic diplomatic recognition of all nations. 171) 3. justice. 2010 2. Government  That institution or aggregate of institutions  by which an independent society makes and carries out those rules of action o which are necessary to enable men to live in a social state.  It does not renounce defensive war. 70) 2. Edu.San Pablo Colleges. According to the Principle of AUTO-LIMITATION:  Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal selfdetermination and self-restriction. The sum total of all the influences in a state. freedom. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. The Philippines renounces war as an instrument of national policy. cooperation. Director of Prisons. c. . Legal and non-legal. b. De jure . College of Law. Jalondoni. 3.

territorial integrity. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. in the fulfillment thereof. the life of the unborn may be sacrificed. when it is necessary to save the life of the mother. Sec 4. at all times. 6. Sec. The prime duty of the Government is to serve and protect the people. It is not an assertion that the unborn is a legal person. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. 5. 3. The separation of Church and State shall be inviolable. The State shall pursue an independent foreign policy. consistent with the national interest. control and manufacture of nuclear weapons b. 2. 2. Constitutional Law I Reviewer. The Government may call upon the people to defend the State and. The Armed Forces of the Philippines is the protector of the people and the State. Sec. Civilian authority is. Sec. it is an expression of disapproval of military abuses. The maintenance of peace and order. Negatively. Under this clause. Policy of freedom from nuclear weapons  The policy PROHIBITS: a. Protection for the unborn 1. to render personal. the protection of life. under conditions provided by law. Mark of sovereignty (2nd and 3rd sentences) 1. Principle that the family is not a creature of the state. In its relations with other states. this clause singles out the military as the guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law. adopts and pursues a policy of freedom from nuclear weapons in its territory. and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. 12. Positively. 7. liberty and property. supreme over the military. 2. . the soldier renounces political ambition. or civil service. 2010 Sec 3. Civilian authority/supremacy clause (1st sentence) 1. Its goal is to secure the sovereignty of the State and the integrity of the national territory.San Pablo Colleges. College of Law.  The policy does NOT prohibit the peaceful uses of nuclear energy. Sec. the Roe v. The possession. national interest. can only come from law. etc. military. all citizens may be required. It shall equally protect the life of the mother and the life of the unborn from conception. The Philippines. Civilian authority simply means the supremacy of the law because authority. Nuclear arms tests. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be adopted in the Philippines because the life of the unborn is protected from the time of conception. Sec. Under this provision. the paramount consideration shall be national sovereignty. under our constitutional system. 8. and the right to self-determination. Hence.

26. 1973. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. which is the same as Sec 1(2) of the 1987 Constitution. Factoran)  The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. 1. (Oposa v. (Oposa v. do the 1973 and 1987 Constitution recognize such as Filipino?  No. 28. o In other words. The State shall guarantee equal access to opportunities for public service. Factoran) Sec. . Sec 1(2) of the 1973. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 1973. College of Law. Constitutional Law I Reviewer. whether the child be born under the 1935 or under the 1973 or 1987 constitution.  While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights. What is the citizenship of an illegitimate child of a Filipino mother?  Filipino. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. took effect only with the effectivity of the 1973 Constitution on January 17. 16. (2) Those whose fathers or mothers are citizens of the Philippines.San Pablo Colleges. unless upon reaching majority the child elects Philippine citizenship pursuant to the 1935 Constitution. of Filipino mothers. o Children similarly situated but born prior to January 17. If a child was born of a Filipino mother and an alien father before the effectivity of the 1973 Constitution. who elect Philippine citizenship upon reaching the age of majority. Sec. 27. 1973 are governed by Sec 1(4) of Art. ARTICLE IV ʹ CITIZENSHIP Sec. Sec. May a child born under the 1973 and 1987 Constitution of a Filipino mother an alien father elect Philippine citizenship?  No. IV of the 1935 const. (3) Those born before January 17. The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. 2010 Sec. and (4) Those who are naturalized in accordance with law. and prohibit political dynasties as may be defined by law. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Subject to reasonable conditions prescribed by law.

San Pablo Colleges. Rehearing l.͟ . 473 prescribes: a. Filing of petition i. an act of the legislature of making a named individual a citizen of the Philippines  Discretionary on Congress. 1975 5. o Naturalization ʹ the legal act of adopting a foreigner and clothing him with the privileges of a natural born citizen. Period of probation k.A. S. Real property or lucrative occupation e. 1899 ͞and then resided in said islands. No. in effect for a limited period from the promulgation by President Marcos on April 11. Residence c. or 2. Moral character and political belief d. Language f. usually conferred on an alien who has made an outstanding contribution to the country a. 9139. Mass naturalization law  The Philippine Bill of 1902 made Filipino citizens of ͞all inhabitants of the Philippine islands continuing to reside in them who were Spanish subjects͟ on April 11. Administrative Naturalization Law. Final judgment 4. What procedural requirements must be satisfied?  The applicant must go through the following steps: g. Education of children. Modes of Naturalization 1. by Republic Act b.e. Constitutional Law I Reviewer. Age b. By complying with both the substantive and procedural requirements of a general naturalization law. enacted in 2000  Grants Philippine citizenship to aliens born and residing in the Philippines What kind of requirements must an applicant for naturalization satisfy under the Revised Naturalization Law?  Both substantive and procedural requirements What are the substantive requirements for naturalization?  Sec 2 of C. i. Mr. R. By a special law of the legislature Kinds of naturalization laws and procedures 1. Ronnie Nathanielz by Presidential Decree 3. 2010 o If the mother was still a Filipino at the time of the birth of the child then the child is already Filipino by birth. General law of naturalization applied through a judicial process 2. College of Law.J. Father James Moran. General law of naturalization applied through a combination of administrative process and presidential legislative process  Letter of Instruction 270.A.. If the mother had lost her Philippine citizenship by the time of the birth of the child. Hearing and initial judgment j. the child has no right of election and may acquire citizenship only by naturalization. Special naturalization law. Declaration of intention h.

College of Law. 5. provided:  A Filipino may not divest himself of Philippine citizenship in this manner while RP is at war with any country o an application of the principle of Indelible Allegiance by virtue of RA 9225 4.12) What is the effect of the naturalization of a husband under R. Those who elect Philippine citizenship in accordance with paragraph (3). 2010 When does the applicant become a Filipino citizen?  Upon taking the oath provided by law after satisfactorily passing the period of probation. By naturalization in a foreign country  However.  Conscious. By rendering service to or accepting commission in the armed forces of a foreign country EXCEPT: a. An Act Making the Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent (September 15. When RP has a defensive and/or offensive pact of alliance with the said foreign country. What is the effect of the naturalization of a father on legitimate minor children?  In general. Chen Teck Lao v. Constitutional Law I Reviewer.A. 2. 9225. Sect. 3. (Sec. Sec. Philippine citizenship may be lost or reacquired in the manner provided by law. 2003) 2. By cancellation of the certificate of naturalization . 3. 5-6 (1974). Modes in which citizenship may be lost 1. 1hereof shall be deemed natural-born citizens. Otherwise there would be a violation of the equal protection clause. 9139?  Applicant͛s alien lawful wife and minor children may file a petition for cancellation of their alien certificate of registration with the Committee. By express renunciation of citizenship Express renunciation ʹ a renunciation made known distinctly and explicitly.11) What is the effect of the naturalization of a wife?  Her administrative naturalization will not benefit her alien husband. (See diagram on p. voluntary and intelligent renunciation  Mere registration of alien in BID and mere possession of foreign passport do not constitute effective renunciation. Sec. and not left to inference or implication.San Pablo Colleges. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining the age of 21.A. the minor children become citizens of the Philippines. and b. except in the instances where the Constitution itself makes a distinction. Republic 55 SCRA 1. this was modified by R. The said foreign country maintains armed forces in Philippine territory with the consent of RP. Natural born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Phil citizenship. May the law treat natural born citizen and naturalized citizens differently?  No. but her minor children may file a petition for cancellation of their alien certificate of registration.

San Pablo Colleges. 3. Naturalized citizens ʹ citizens who become such through judicial proceedings. In case of a woman. it does exist. those who elect Philippine citizenship in accordance with Art. By having been declared by competent authority a deserter of the pardon or amnesty has been granted. Art. those who are citizens of the Philippines without having to perform any act to acquire or perfect their Philippine citizenship b. 2010 6. Jus sanguinis ʹ citizenship by blood. upon her marriage to a foreigner. Two Theories on Whether Place or Ancestry Determines Citizenship 1. Natural-born citizen a. Thus. Citizen by election ʹ citizens who become such by exercising the option to elect a particular citizenship. CITIZENSHIP AND DOMICILE (From the Civil Code) In Political Science CITIZENSHIP . she acquires his nationality. .Political in character Nationality a racial or ethnic relationship In Civil Law and Private International Law Citizenship and Nationality possess the same meaning. Three Kinds of Citizenship 1. one follows the citizenship of his parents. To solve the problem of personal law connected with multiple or dual citizenship. Section 1(3) of 1987 Constitution 2. or of owing allegiance to a certain state for the privilege of being under its protection. Jus soli ʹ citizenship by the basis on the place of birth (not applied in the Philippines today) 2.  followed in the Philippines Dual and Multiple Nationalities Citizenship is exclusively determined by a country͛s own law. usually within a reasonable time after reaching the age of majority. College of Law. 2 of the Hague Convention on Conflict of Nationality Laws ͞Any question as to whether a person possesses the nationality of a particular state should be determined in accordance with the law of that state. Philippine courts are only allowed to determine who are Filipino citizens and who are not.  BUT from the viewpoint of THIRD STATES. . it does NOT exist (ordinarily). 7. if by virtue of the laws in force in her husbands͛s country. apply: TITLE II.e. the meaning of CITIZENSHIP. i.. IV. Constitutional Law I Reviewer.status of being a citizen.͟ Does dual or multiple nationality exist? It depends͙  From the viewpoint of the countries directly involved.

. Theory of Effective Nationality  If the deceased is not a citizen of the forum. a third state shall. 4. to have renounced her citizenship (Art. such as the commission of a crime. III. express or implied. Rule After the MOY YA Case (Reversed the Burca ruling)  She becomes ipso facto a Filipino. OR 2. He may have renounced his nationality by certain acts. we must get the law of the nation of which he was BOTH a national and a domiciliary. PROVIDED she is not disqualified to be a citizen of the Philippines under Sec. Without prejudice to the application of its law in personal matters and of any conventions in force. Constitutional Law I Reviewer. Citizenship of a Filipino Woman Who Marries a Foreigner Rule Prior to the MOY YA Case  She shall RETAIN her Philippine citizenship UNLESS by her act or omission she is deemed. Sec. Citizenship of a Foreign Woman Who Marries a (Naturalborn/Naturalized) Filipino Rule Prior to the MOY YA Case  She becomes a Filipino. the law of domicile (habitual residence). He may have been deprived of his citizenship for any cause. Stateless Individuals A person may become a stateless individual by any of the following means: 1. 2 of the 1973 Constitution). of the nationalities which any person possesses. Rule After the MOY YA Case (Reversed the Burca ruling)  She follows the Philippine citizenship of her husband the moment he takes his oath as a Filipino citizen. under the law. 4 of Com. 5 of the Hague Convention on Conflict of Nationality Laws ͞Within a third state. Act. 473. 3. PROVIDED she is able to prove in a proper proceeding that she has all the qualifications and none of the disqualifications for Philippine citizenship. He may have voluntarily asked for a release from his original state. 2.͟ Personal law of stateless individuals shall be: 1. College of Law. He may have been born in a country which recognizes only the principle of jus sanguinis of parents whose law recognizes only jus soli. OR  the nationality of the country with which in the circumstances he appears to be in fact most closely connected. recognize exclusively in its territory either  the nationality of the country in which he is habitually and principally resident.San Pablo Colleges. the law of the place of temporary residence. a person having more than one nationality will be treated as if he had only one. 2010 Art.

before the adoption of said Constitution. Act. Constitutional Law I Reviewer.͟ This means that if a child is born under the 1973 or 1987 Const and either his father or mother is a Fil citizen ay the time the child is born. elect Philippine citizenship. is applicable if the father is a natural-born citizen Dwelling in the Phils. (2) Those born in the Philippines of foreign parents who. (4) Those whose mothers are citizens of the Philippines and. whether the child is born in the Philippines or outside. The following are citizens of the Philippines: (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines.: a FILIPINO How is the principle of jus saguinis applied in the 1987 constitution? Sec 1(2) declares as Filipino citizens ͞Those whose fathers or mothers are citizens of the Philippines. 48. 473. the child is a Fil citizen no matter where he may be born. Children of Filipino Fathers enunciates the principle of jus sanguinis applies whether the mother is a Filipino or not. (5) Those who are naturalized in accordance with law. at the time of the parent's naturalization: a FILIPINO Dwelling outside the Phils. 2010 PROVIDED she does not suffer from disqualifications under Sec. Born in the Phils. A CHILD OF A NATURALIZED FILIPINO If the father is a naturalized Filipino͙ OF AGE at the time of the parent's naturalization: NOT a Filipino UNLESS he undergoes naturalization MINOR Before parent's naturalization After parent's naturalization Born in the Phils. (3) Those whose fathers are citizens of the Philippines.San Pablo Colleges. Born outside the Phils. Art. had been elected to public office in the Philippines. 4 of Com. College of Law.: a FILIPINO Born outside the Phils. upon reaching the age of majority.: shall be considered a FILIPINO UNLESS he fails to register himself one a year after the age of majority At the time of the parent's naturalization: FILIPINO only DURING MINORITY At the time of the parent's naturalization BUT resides PERMANENTLY HERE WHEN STILL A MINOR: FILIPINO UNTIL THE AGE OF MAJORITY .

1948) If (1) or (2) is applied. The mother must be a citizen of the Philippines at the time of birth of the child. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. o If he has established a new industry or introduced a useful invention in the Philippines. 2. College of Law. 3. 3. Constitutional Law I Reviewer. on the date of the hearing of the petition.  Residence contemplated must be ACTUAL and SUBSTANTIAL residence. resided in the Philippines for a continuous period of not less than ten years. It is sufficient for the mother to have been a Filipino citizen at the time of her marriage to a foreigner. 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 duly constituted . Commonwealth Act 473.San Pablo Colleges. as a rule. o PHYSICAL residence is not necessary for the entire period so long as there is animus revertendi (intention to return). cities. and believe in the principles underlying the Philippine Constitution. or political subdivisions thereof. and the exercise of the option to elect a particular citizenship. In the strict sense: a judicial process wherein formalities of the law have to be complied with. 2. the mother acquires the husband͛s citizenship thereby losing Philippine citizenship. Commissioner of Immigration. He must have. Mar. In the loose and broad sense: may mean not only the judicial process but also the acquisition of another citizenship by such acts as marriage to a citizen. The petitioner must not be less than 21 (majority today is 18) years of age. 2010 Children of Filipino Mothers Must the mother be a citizen of the Philippines? Theories: 1. L-1663.  Should be adhered to (as the Supreme Court seemed to imply in the case of Villanueva v. very few can avail themselves of the option. including a judicial hearing and approval of the petition. 3. since most commonly. o If he is married to a Filipino woman. municipalities. Art. The mother must be a Filipino citizen at the time the child elects Philippine citizenship. 49. as amended). Qualifications for Naturalization 1. 31. o If he was born in the Philippines (Sec.  May be reduced to five years in any of the following cases: o If the applicant honorably held office under the Government of the Philippines under that of any of the provinces. NATURALIZATION ʹ the process of acquiring the citizenship of another country. He must be of good moral character. o If he had been engaged as a teacher in 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 two years.

and these in turn. o In this case. Rape. Estafa. Polygamists or believers in the practice of polygamy. personal assault.000. have not mingled socially with the Filipinos. and civics are taught or prescribed as part of school curriculum during the entire period of residence required of him. Seduction. Naturalization Law. and ideals of the Filipinos. 4. 3. or assassination for the success and predominance of their ideas. He must have enrolled his minor children of school age in any of the public schools or private schools recognized by the Bureau of Private Schools where Philippine history. as amended).  There exists a constitutional prohibition in general against landholdings by aliens. by the religious beliefs and social concepts existing here.  Lack of conviction for a crime involving moral turpitude does not necessarily mean one is of good moral character. 6. He must own real state in the Philippines worth not less than P5. the purpose of the Constitution ͞is to preserve the nation͛s land for future generations of Filipinos. Persons suffering from mental alienation or incurable contagious diseases. or who have not evinced a sincere desire to learn and embrace the customs. Persons defending or teaching the property of violence. 6.  Mere belief in polygamy without practicing it is enough to disqualify.  This is due to the Mutual Defense Treaty 8. 2. government.  The disease must be BOTH incurable and contagious. Citizens or subjects with whom the United States and the Philippines are at war. (Sec. Murder. 2010 government as well as with the community in which he is living. Persons who. Robbery.San Pablo Colleges. Disqualification for Naturalization Sec. 4. during the period of their residence in the Philippines. The following cannot be naturalized as Philippine citizens: 1. traditions.  ͞proper and irreproachable͟ conduct must be determined by the standards of THIS country. Philippine currency.͟ 5. or must some lucrative trade. Persons convicted of a crime involving moral turpitude. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments. Acts of lasciviousness.  Falsification. the aim or purpose would not be thwarted but achieved by making lawful the acquisition of real estate by aliens who become Filipino citizens by naturalization. He must be able to speak and write English or Spanish and any one of the principal Philippine languages. 4. Constitutional Law I Reviewer. 7. Citizens or subjects of a foreign country other than the United States. and  A deaf-mute cannot be naturalized. 2. Concubinage 5. College of Law. prior to the hearing of his petition for naturalization as citizen. who laws do not grant Filipinos the right to become naturalized citizens or subjects thereof. Commonwealth Act 473. . profession or lawful occupation.

(Sec. 11. 5 and 6.  Rep. Commonwealth Act 473. ͞One year prior to the filing of this petition for the admission to Philippine citizenship. 2010 Steps in Naturalization Proceedings 1. as well as the notice of hearing thereof. o The intent to return (animus revertendi) must always be considered. must be served on the office of the Solicitor-General. 9. If it is shown that said naturalization certificate was obtained fraudulently or illegally. 3. Commonwealth Act 473). It is a means by which good intention and sincerity of purpose may be gauged. 5. The period of one year is intended to give the State a reasonable time to screen and study the qualifications of the applicant. 8. Naturalization Law) a. same with places. That the . 18 of the Naturalization Law provides: ͞Upon motion made in the proper proceedings by the SolicitorGeneral or his representative. Commonwealth Act 473). Act 530. as amended). College of Law. (Sec.San Pablo Colleges. o A delay of more than six years in this regard reveals petitioner͛s lack of interest.  A copy of the petition to take the oath. A declaration of intention to become a Filipino citizen must first be filed. amends the Naturalization law and provides some conditions for the fulfillment of naturalization.͟ (Sec. o Mere LEGAL residence is sufficient.  The filing of petition to take an oath must be done within a reasonable time after the expiration of said 2-year period. Cancellation of the Naturalization Certificate Sec. the competent judge may cancel the naturalization certificate issued and its registration in the Civil Register: 1. Constitutional Law I Reviewer. 4. (Sec 1. The petition will then be heard. If the person naturalized shall. where the petitioner spent most of his youth. If the petition is approved. return to his native country or to some foreign country and establish his permanent residence there: Provided.  The RTC of the province where the petitioner has  resided for at least one year immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition. or by the proper provincial fiscal. b. (Sec. The last step will be the taking of the oath of allegiance to support and defend the Constitution and the laws of the Philippines. (Secs. 2. unless the applicant is exempted from this requirement. Commonwealth Act 473. The petition for naturalization must then be filed. the applicant for Philippine citizenship shall file with the Office of Solicitor General a declaration under oath that it is his bona fide intention to become a citizen of the Philippines. there will be a rehearing two years after the promulgation of the judgment awarding naturalization. 2. Republic Act 530). 5. within the five years next following the issuance of said naturalization certificate. as amended).  Will take place only after proper publication once a week for three consecutive weeks in the Official Gazette and in one of the newspapers in general circulation in the province where the petitioner resides.

3.  Requisites for res judicata o Judgment by a court with jurisprudence o o o Identity of parties are the same Trial on merits Finality of judgment Reacquisition of citizenship 1. February 19. If it is shown that the naturalized citizen has allowed himself to be used as a dummy requiring Philippine citizenship as a requisite for the exercise. COMELEC.A. Constitutional Law I Reviewer. Corodora v. 9225. 337 SCRA 543. College of Law. who also possesses American citizenship having been born of an American father and a Filipino mother.  The Solicitor-General personally or thru his delegate and the provincial fiscal are the only officers or persons authorized by law to appear on behalf of the Government to ask for the cancellation of a naturalization certificate already issued. A certified copy of the decree cancelling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior and the Bureau of Justice. government and civics are taught as part of the school curriculum. The Supreme Court En Banc held that that it has applied the twin requirements to cases ͞which involve natural-born Filipinos who later became naturalized . COMELEC. Having an Australian passport and an alien certificate of registration does not constitute an effective renunciation of citizenship and does not militate against the claim of Filipino citizenship. is exempt from the twin requirements of swearing to an Oath of Allegiance and executing a Renunciation of Foreign Citizenship under the Citizenship Retention and Reacquisition Act (RA 9225) before running for public office. use or enjoyment of a right. GR No.  A decision in a naturalization case can never be res judicata as to any of the reasons or matters which would support a judgment cancelling the certificate of naturalization for illegal or fraudulent procurement.San Pablo Colleges. or two years in any other foreign country.  governed by various statutes. 2010 fact of the person naturalized remaining for more than one year in his native country or the country of his former nationality. 4. If it is shown that the minor children of the person naturalized failed to graduate from a public or private high schools recognized by the Office of Private Education of the Philippines. Under R. 176947.  consists of taking of an oath of allegiance to the RP. franchise or privilege. By repatriation 4. by taking an oath of allegiance 2. 5. By direct act of the National Assembly Repatriation  a mode for reacquisition for those who lost their citizenship. By naturalization 3.Having a Filipino father at the time of birth makes one a Filipino. through the fault of their parents either by neglecting to support them or by transferring him to another school or schools.  and registering said oath in the LCR of the place where the person concerned resides or last resided. 2009The Supreme Court recently ruled that a natural-born Filipino. If the petition was made on an invalid declaration of intention. shall be considered as prima facie evidence of his intention of taking up his permanent residence in the same. where Philippine history. Valles vs.

Guatemala. both Philippine and foreign citizenships. Japzon vs. Many members of his family and his business interests were in Germany. the twin requirements in RA No. December 17. did not subsequently become a naturalized citizen of another country. recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. 5. of the nationalities which any such person possesses. to run for public office. as its citizen. Republic Act No. 2009. 180088. 9225 governs the manner in which a natural-born Filipino may reacquire or retain his Philippine citizenship despite acquiring a foreign citizenship. which had declared war on Germany. against Guatemala.The Nottebohm case cited by the petitioner invoked the international law principle of effective nationality which is clearly not applicable to the case at bar.͟ Manuel B. Petition for Leave to Resume the Practice of Law. Republic Act No. Effective nationality principle (Nottebohm case). 9225. This is only logical and consistent with the general intent of the law to allow for dual citizenship. In the present case. Liechtenstein thereupon filed suit on his behalf. Hence. and (2) make a personal and sworn renunciation of any and all foreign citizenships before any public officer authorized to administer an oath. Since a natural-born Filipino may hold. Constitutional Law I Reviewer. a third State shall. 9225 imposes no residency requirement for the reacquisition or retention of Philippine citizenship. January 19.San Pablo Colleges. 2010 citizens of another country and thereafter ran for elective office in the Philippines. 9225 treats citizenship independently of residence. Under Republic Act No. COMELEC. he may establish residence either in the Philippines or in the foreign country of which he is also a citizen. Clearly. BM No. a natural-born Filipino.] Tambunting. College of Law. at the same time. In 1943.It bears to point out that Republic Act No. Without prejudice to the application of its law in matters of personal status and of any convention in force.Dual citizens may practice law in the Philippines by leave of the Supreme Court and upon compliance with the requirements. Benjamin M. A close scrutiny of said statute would reveal that it does not at all touch on the matter of residence of the natural-born Filipino taking advantage of its provisions. Dacanay. The International Court of Justice held . Residency in the Philippines only becomes relevant when the natural-born Filipino with dual citizenship decides to run for public office. 1678. he must: (1) meet the qualifications for holding such public office as required by the Constitution and existing laws. 2007 . which will restore their good standing as members of the Philippine Bar. [private respondent Gustavo S. This principle is expressed in Article 5 of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: Art. and provides for his rights and liabilities under such circumstances. GR No. nor does it mention any effect of such reacquisition or retention of Philippine citizenship on the current residence of the concerned natural-born Filipino. 9225 do not apply to him. arrested Nottebohm and confiscated all his properties on the ground that he was a German national. Nottebohm was a German by birth but a resident of Guatemala for 34 years when he applied for and acquired naturalization in Liechtenstein one month before the outbreak of World War II. Within a third State a person having more than one nationality shall be treated as if he had only one.

insanity. would thereby extend to his son. and 3) an inhabitant who obtained Spanish papers on or before 11 April 1899. 87193.San Pablo Colleges. For the exercise of civil rights and the fulfillment of civil obligations. 50. Allan F. in general Ctizenship/Nationality ʹ indicate ties of allegiance and nationality Domicile  that place where a person has certain settled. 2010 Nottebohm to be still a national of Germany. fixed. Poe and Fornier vs. COMELEC. Whether or not respondent FPJ is a natural-born citizen. 424 SCRA 148. Domicile Distinguished from Citizenship or Nationality Domicile ʹ speaks of one͛s permanent place of abode. but only one domicile. The 1935 Constitution. depended on whether or not the father of respondent. the domicile of natural persons is the place of their habitual residence. 1989 Tecson vs. College of Law.Under the Philippine Bill of 1902. COMELEC. whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. could have well been his place of residence before death. if acquired. would have himself been a Filipino citizen and. his place of residence upon his death in 1954. June 23. 2) an inhabitant who was a native of Peninsular Spain. Frivaldo vs. GR No. Poe. in turn. That citizenship (of Lorenzo Pou). he intends to return (domicile of choice). Constitutional Law I Reviewer. Pangasinan. . when the Philippines was under Spanish rule. COMELEC. during which regime respondent FPJ has seen first light. with which he was more closely connected than with Liechtenstein. Art. in the affirmative.that to which whenever he is absent. legal relations because: o It is assigned to him by the law AT THE MOMENT OF BIRTH (domicile of origin) o It is assigned to him also by law AFTER BIRTH on account of legal disability caused for instance by minority. The term ͞inhabitant͟ was taken to include 1) a native-born inhabitant. 2004. Poe. a ͞citizen of the Philippines͟ was one who was an inhabitant of the Philippines. which. Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old. confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. March 3. Velez vs. Lorenzo would have been born sometime in the year 1870. Residence ʹ a place of abode  One may have many residences. father of respondent FPJ. and that San Carlos. such that Lorenzo Pou would have benefited from the ͞en masse Filipinization͟ that the Philippine Bill had effected in 1902. or marriage in the case of a woman (constructive domicile or domicile by operation of law. Allan F. in the absence of any other evidence. and a Spanish subject on the 11th day of April 1899. o Because he has his home there .

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