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Article IV – Citizenship

Article IV – Citizenship

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Article IV – Citizenship
Article IV – Citizenship

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Published by: Kring Kring K. Kringers on Jul 05, 2014
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ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?
1. Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those born before Januar 17! 1973 of "ilipino mothers! who elect Philippine
citizenship upon reachin# the a#e of ma$orit.
%. Those who are naturalized in accordance with law.
o!es of ac"#irin$ citizenship%&
a. Jus &oli ' ac(uisition of citizenship on the basis of place of birth
b. Jus &an#uinis ' ac(uisition of citizenship on the basis of blood relationship
c. )aturalization ' the le#al act of adoptin# an alien and clothin# him with the pri*ile#e
of a nati*e+born citizen.
Note: The Philippines follows ,2- and ,3-
Election of citizenship #n!er the '()* Constit#tion%
Prior to the 1973 Constitution! if a "ilipina married an alien! she lost her "ilipino
citizenship. .ence! her child would ha*e to elect "ilipino citizenship upon reachin# the
a#e of ma$orit. /nder the 1973 Constitution! howe*er! children born of "ilipino mothers
were alread considered "ilipinos. Therefore! the pro*ision on election of citizenship
under the 1987 Constitution onl applies to those persons who were born under the 1930
Constitution. 1n order for the children to elect "ilipino citizenship! the mothers must ha*e
been "ilipinos at the time of their marria#e. &o! if our mother was a "ilipina who
married an alien under the 1930 constitution and ou were born before Januar 17! 1973!
ou can elect "ilipino citizenship upon reachin# the a#e of ma$orit.
When +#st the election ,e +a!e%
The election must be made within a reasonable period after reachin# the a#e of
ma$orit.
Effects of nat#ralization2
a. The le#itimate minor children of the naturalized father become "ilipinos as well.
b. The wife also becomes a "ilipino citizen! pro*ided that she does not ha*e an
dis(ualification which would bar her from bein# naturalized.
Nat#ral-,orn citizens%
a. Citizens of the Philippines from birth who do not need to perform an act to ac(uire
or perfect their Philippine citizenship.
b. Those who elect Philippine citizenship under 3rt. 14! &ec. 1,3- of 1987 Constitution.
arria$e of .ilipino /ith an alien%
1- General Rule: The "ilipino 56T31)& Philippine citizenship
2) Exception: 1f! b their act or omission the are deemed! under the law! to ha*e
renounced it.
E0a+ples of ren#nciation of Philippine citizenship%
1- 4oluntaril obtainin# forei#n passport
2- Pled#in# alle#iance to another countr ,e7. b becomin# a naturalized citizen of
another countr-
Re-ac"#isition of citizenship
)atural+born "ilipinos who are deemed to ha*e lost their citizenship ma re+ac(uire
the same *ia repatriation proceedin#s. This in*ol*es ta8in# an oath of alle#iance and
filin# the same with the ci*il re#istr.
Ho/ +a1 one lose citizenship%
1 9 naturalization in a forei#n countr
2 9 e7press renunciation of citizenship
3 9 subscribin# oath or alle#iance to a forei#n Constitution
% 9 ser*in# in the armed forces of an enem countr
0 9 bein# a deserter of the armed forces of one:s countr
Ho/ +a1 one reac"#ire citizenship%
9 direct act of Con#ress 9 naturalization 9
repatriation

Reference%
Lo#ie2 Carrie2 E3el1n2 Thel2 4e+2 Ronal!5 Political La/ 6Constit#tional La/7
Re3ie/er 8 e+or1 Ai!2 Ateneo Central 9ar :perations ;<<'
1. Pedro was born Januar 17! 1973! of "ilipino mother but a &wedish father. 1s he
still re(uired to elect his Philippine citizenship;
a. <es. &ince he was born on Januar 17! 1973! the #o*ernin# pro*ision durin#
that time re(uires that his parents must both be "ilipinos. Thus to effect his
Philippine citizenship! he must elect for it upon reachin# 18 ears old.
b. )o. The #o*ernin# pro*ision at the time of his birth re(uires onl that either
his father or mother is a "ilipino. Thus! he is alread a "ilipino and electin# his
Philippine citizenship is no lon#er necessar.
c. <es because 3rt. %! &ec. 1 ,3- states that =those born on Januar 17! 1973! of
"ilipino mothers! who elect Philippine citizenship upon reachin# the a#e of
ma$orit> are citizens of the Philippines. &o if Pedro wants to be a "ilipino
citizen he must elect for it.
d. )o because he is alread 38 ears old.
2. ?ar#arita was born in 198@ to a "ilipino mother and &wedish father. &he has been
li*in# and continues to li*e in the /& for the last 2A ears and has also been
naturalized as a /& citizen. &he recentl reac(uired Philippine citizenship under
53 9220! the Citizenship 5etention and 5eac(uisition 3ct of 2AA3. Can ?ar#arita
*ote in the ne7t national elections;
a. <es. Bual citizens who are not residents ma re#ister under the C*erseas
3bsentee 4otin# Daw.
b. <es. ?ar#arita is a "ilipino citizen and thus ma en$o the ri#ht to suffra#e li8e
e*erone else without re#isterin# as an o*erseas absentee *oter.
c. )o. ?ar#arita fails the residenc re(uirement under &ection 1! 3rticle 4 of the
Constitution for "ilipinos.
d. )o. Bual citizens upon renunciation of their "ilipino citizenship and ac(uisition
of forei#n citizenship! ha*e practicall and le#all abandoned their domicile and
se*ered their le#al ties to their homeland as a conse(uence.
3. 9asic Philippine law! in respect of the modes of ac(uirin# citizenship! follows the
rule,s- of2
a. $us soli and $us san#uinisE b. naturalization and pro*ides for $us
soliE
c. $us san#uinis and pro*ides for naturalizationE d. none of the abo*e.
%. Bual alle#iance b citizen is2
a. inimical to the national interest and is therefore proscribed b lawE
b. inimical to the national interest and is therefore prescribed b lawE
c. inimical to the national interest and therefore shall be dealt with b lawE
d. inimical to the national interest and is therefore outside of co*era#e of law.
0. 3 child born under either the 1973 or the 1987 Constitution! whose father or
mother is a "ilipino citizen at the time of his birth! is FFFFFFFFFF. ,1G-
a. not a "ilipino citizen as his father and mother must both be "ilipino citizens at
the time of his birth
b. not a "ilipino citizen if his mother is a "ilipino citizen but his father is not! at the
time of his birth
c. a "ilipino citizen no matter where he or she ma be born
d. a "ilipino citizen pro*ided the child is born in the Philippines
e. a "ilipino citizen if he or she so elects upon reachin# the a#e of 21

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