CITIZENSHIP

I. Modes of acquiring citizenship a. jus Sanguinis b. jus soli c. naturalization
1935 Constitution Art. 4 Sec. 1 1973 Constitution Art. 4 Sec. 1 1987 Constitution Art. 4 Sec. 1

1935 Constitution Art. 4 Sec. 1 Sec. 1. The following are citizens of the Philippines: (1) Those who are citizens of the Phil. Islands at the time of the adoption of this constitution. (2) Those born in the Philippines Islands of foreign parents who, before adoption of this Constitution, had been elected to public office in the Philippines Islands. (3) Those whose fathers are citizens of the Philippines;

1973 Constitution Art. 4 Sec. 1 Sec. 1 The following are citizens of the Philippines: (1) Those who are citizens of the Phil. Islands at the time of the adoption of this constitution. (2) Those whose fathers or mothers are citizens of the Philippines. (3) Those who elect Philippines citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.

1987 Constitution Art. 4 Sec. 1 Sec. 1 The following are citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of this constitution. (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those who are born before January 17, 1973, of Filipino Mothers, who elect Philippine citizenship upon reaching the age of majority; and

1 (4) Those who are naturalized in accordance with law. 1973 Constitution Art. 1 (4) Those whose mothers are citizens of the Philippines and. upon reaching the age of majority. (5) Those who are naturalized in accordance with law. 4 Sec. 1 (4) Those who are naturalized in accordance with law. 1987 Constitution Art.1935 Constitution Art. 4 Sec. 4 Sec. . elect Philippines citizenship.

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11. Bill of 1902 2. 1899) All inhabitants of the islands who were Spanish subjects on April 11. 1899. Sec. 2 Jones law of 1916 (including children born after April 11. AT THE TIME OF THE ADOPTION OF THIS (1987) CONSTITUTION. and their children born after April 11. a) Re: 1935 Constitution 1. 1899. .THOSE WHO ARE CITIZEN OF THE PHIL. Sec. 4 Phil. 1900 were declared citizen of the Phil. and residing in the islands who did not declare their intention of preserving Spanish Nationality between said date and Oct.

and Therese Marquez. before the 1935 Constitution took effect. Under these organic acts. Australian. 137000 August 9. . inhabitants of the Island who were Spanish subject nationality between April 11. on May 19. Rosalind·s father was a Filipino and Rosalind followed her father·s citizenship. 1934. 1899 to October 11.Valles v. 2000:  Rosalind Ybasco Lopez was born in Australia to parents Telesforo Ybasco. was a Filipino Citizen. Comelec FR No. Filipino. 1900 including their children were deemed citizens of the Phil.

then CA 437. Commission of Immigration. 15 CA 437.on NATURALIZATION (including children below 21 and residing in the Phil.2. Foreign women married to Filipino citizen before or after November 30. in Moy Ya Lim Yao v. 1938 (affectivity of CA 437) who might themselves be lawfully naturalized (in view of the SC interpretation of sec. as well as children born subsequent to naturalization) 3. . 2927 (march 26. Act no. 1920). 41 SCRA 292. at the of naturalization.

315 Teotimo Rodriguez Tio Tiam v. Collector of Customs 25 Phil. of Foreign parents who. . Caram provision: those born in the Phil. de Leon. before the adoption of their (1935) Constitution had been elected to public office in the islands. Those benefited by the Roa doctrine applying the jus soli principle by reason of Res Judicata but not because of Jus Soli Doctrine Roa v. Republic 101 Phil. 195 5. the Supreme Court held the right acquired by the virtue of their provision transmissible. In Chiongbian v.4.

citizenship. .6. Those who elected phil.

2. 1973. Provision is prospective in application to benefit only those born on or after Jan. Those whose mothers are citizen of the Phil.  It is essential that the mother must be a Filipina a the time of birth of the child. Those whose fathers or mothers are citizens of the Phil.b) re: 1973 Constitution 1.  The expanded rule is not retroactive.  Applies only to natural filiation and not filiation by adoption. 17. .has prospective application.

Gallavo 25 SCRA 890. And that illegitimate children are under the parental authority of the mother and follow her nationality. 1968)  An illegitimate child of a Filipino father and an alien mother is Filipino. Jus Sanguinis makes no distinction between legitimate and illegitimate children. 161434 March 3. (Fernando Poe Jr. if paternity is clear. Comelec GR No. not that of the illegitimate father (Board of Immigration v. case: Tecson v. 2004) . Only legitimate children follow the citizenship of the father.

. may result to dual citizenship. The child follows the citizenship of her mother and does not require to elect citizenship.  Allowed the Filipina who marries an alien to retain her original citizenship. Thus.

1941: a. 1973 of Filipino mothers. 17.  Citizens by election: A.3. 625 enacted on June 7. who elect Phil. Those born before Jan. . citizenship upon reaching the age of majority. Constitution. Commonwealth Act No. election must be expressed in a statement sworn before any officer to administer oaths b. Filed with the nearest civil registry and accompanied by an oath of allegiance to the Phil.

the right is lost. July 30. Jr. when their son Jose. After such period. Electorial Tribunal of the House of Representatives GR No. . Secretary of Justice 5 SCRA 108 (1962) 3 years is the reasonalbe period within which the child must make the election. born of Chinese national. 1991. was 9 years old. Citizens by election: B. was naturalized and took his oath of allegiance. C. Co v. Dy Cuenco v. in 1955. married a Filipina in 1932. Jose Co. 92191-92.

citizenship SC: It would be ridiculous to require him to elect Phil. . citizenship when by the naturalization of his father he too had become a Filipino citizen even while still a minor.In 1987 Jose Jr. His citizenship was questioned foe having not elected Phil. got elected to the House of Representatives.

. Sec. 59 SCRA 45: doctrine of implied election. s.  In Re: Florencio Mallari. 5 SCRA 110: there was reason for the delay of election. Secretary of Justice. 1948: within 3 years from reaching the age of majority.  Cuenco v. (Procedure for election: CA 625)  Opinion. of Justice.

The right to elect Phil. Co v.  Villahermosa v. . citizenship is an inchoate right. Republic 89 Phil. citizenship. 80 Phil. she lost her Phil. 437: the right is available to the child as long as his mother was a Filipino citizen at the time of her marriage to the alien.  Cu v. 541. HRET 199 SCRA 692: the exercise of the right of suffrage and participation in election exercise constitute a positive act of election of Phil. citizenship. Commissioner of Immigration. the child is an alien. during his minority. even if by reason of such marriage.

Those who are naturalized in accordance with law. 91 Phil. Serra v. . Republic. the Mother. he follows the status and citizenship of his only known parents. 4. 914: if the child is illegitimate.

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