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

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

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

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

then CA 437. 1920). 1938 (affectivity of CA 437) who might themselves be lawfully naturalized (in view of the SC interpretation of sec. 2927 (march 26.2. Foreign women married to Filipino citizen before or after November 30. in Moy Ya Lim Yao v. Act no. 15 CA 437. 41 SCRA 292.on NATURALIZATION (including children below 21 and residing in the Phil. as well as children born subsequent to naturalization) 3. at the of naturalization. . Commission of Immigration.

. before the adoption of their (1935) Constitution had been elected to public office in the islands. Caram provision: those born in the Phil. of Foreign parents who. Republic 101 Phil. 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.4. the Supreme Court held the right acquired by the virtue of their provision transmissible. 195 5. de Leon. 315 Teotimo Rodriguez Tio Tiam v. Collector of Customs 25 Phil. In Chiongbian v.

Those who elected phil.6. citizenship. .

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

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

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

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

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

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

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

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

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

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