CITIZENSHIP

I. Modes of acquiring citizenship

a. jus Sanguinis
b. jus soli
c. naturalization

1935 Constitution 1973 Constitution 1987 Constitution

Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1
1935 Constitution 1973 Constitution 1987 Constitution
Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1

Sec. 1. The following Sec. 1 The following are Sec. 1 The following are
are citizens of the citizens of the citizens of the
Philippines: Philippines: Philippines:
(1) Those who are (1) Those who are (1) Those who are
citizens of the Phil. citizens of the Phil. citizens of the Philippines
Islands at the time of Islands at the time of the at the time of the
the adoption of this adoption of this adoption of this
constitution. constitution. constitution.
(2) Those born in the (2) Those whose fathers (2) Those whose fathers
Philippines Islands of or mothers are citizens of or mothers are citizens of
foreign parents who, the Philippines. the Philippines;
before adoption of (3) Those who elect (3) Those who are born
this Constitution, had Philippines citizenship before January 17, 1973,
been elected to public pursuant to the of Filipino Mothers, who
office in the provisions of the elect Philippine
Philippines Islands. Constitution of nineteen citizenship upon reaching
(3) Those whose hundred and thirty-five. the age of majority; and
fathers are citizens of
the Philippines;
1935 Constitution 1973 Constitution 1987 Constitution
Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1

(4) Those whose (4) Those who are (4) Those who are
mothers are citizens naturalized in accordance naturalized in
of the Philippines with law. accordance with law.
and, upon reaching
the age of majority,
elect Philippines
citizenship;
(5) Those who are
naturalized in
accordance with law.
THOSE WHO ARE CITIZEN OF THE PHIL. AT THE
TIME OF THE ADOPTION OF THIS (1987)
CONSTITUTION.
a) Re: 1935 Constitution
1. Sec. 4 Phil. Bill of 1902
2. Sec. 2 Jones law of 1916 (including children
born after April 11, 1899)
All inhabitants of the islands who were Spanish
subjects on April 11, 1899, and residing in the
islands who did not declare their intention of
preserving Spanish Nationality between said
date and Oct. 11, 1900 were declared citizen of
the Phil. and their children born after April 11,
1899.
Valles v. Comelec FR No. 137000 August 9,
2000:
 Rosalind Ybasco Lopez was born in Australia
to parents Telesforo Ybasco, Filipino, and
Therese Marquez, Australian, on May 19,
1934, before the 1935 Constitution took
effect, was a Filipino Citizen. Under these
organic acts, inhabitants of the Island who
were Spanish subject nationality between
April 11, 1899 to October 11, 1900 including
their children were deemed citizens of the
Phil. Rosalind’s father was a Filipino and
Rosalind followed her father’s citizenship.
2. Act no. 2927 (march 26, 1920), then CA 437,on
NATURALIZATION (including children below 21
and residing in the Phil. at the of naturalization,
as well as children born subsequent to
naturalization)

3. Foreign women married to Filipino citizen

before or after November 30, 1938 (affectivity
of CA 437) who might themselves be lawfully
naturalized (in view of the SC interpretation
of sec. 15 CA 437, in Moy Ya Lim Yao v.
Commission of Immigration, 41 SCRA 292.
4. 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.
Collector of Customs 25 Phil. 315 Teotimo
Rodriguez Tio Tiam v. Republic 101 Phil. 195

5. Caram provision: those born in the Phil. of

Foreign parents who, before the adoption of
their (1935) Constitution had been elected to
public office in the islands. In Chiongbian v. de
Leon, the Supreme Court held the right
acquired by the virtue of their provision
transmissible.
6. Those who elected phil. citizenship.
b) re: 1973 Constitution

1. Those whose mothers are citizen of the Phil.

Provision is prospective in application to benefit
only those born on or after Jan. 17, 1973.

2. Those whose fathers or mothers are citizens of

the Phil.has prospective application.
 It is essential that the mother must be a
Filipina a the time of birth of the child.
 The expanded rule is not retroactive.
 Applies only to natural filiation and not filiation
by adoption.
 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, not that of the
illegitimate father (Board of Immigration v.
Gallavo 25 SCRA 890, 1968)
 An illegitimate child of a Filipino father and an
alien mother is Filipino, if paternity is clear. Jus
Sanguinis makes no distinction between legitimate
and illegitimate children. (Fernando Poe Jr. case:
Tecson v. Comelec GR No. 161434 March 3, 2004)
 Thus, may result to dual citizenship.
 Allowed the Filipina who marries an alien to
retain her original citizenship. The child follows
the citizenship of her mother and does not
require to elect citizenship.
3. Those born before Jan. 17, 1973 of Filipino
mothers, who elect Phil. citizenship upon
reaching the age of majority.

 Citizens by election:
A. Commonwealth Act No. 625 enacted on
June 7, 1941:
a. 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. Constitution.
 Citizens by election:
B. Dy Cuenco v. Secretary of Justice 5 SCRA
108 (1962)
3 years is the reasonalbe period within
which the child must make the election.
After such period, the right is lost.
C. Co v. Electorial Tribunal of the House of
Representatives GR No. 92191-92, July
30, 1991.
Jose Co, born of Chinese national,
married a Filipina in 1932. in 1955, when
their son Jose, Jr. was 9 years old, was
naturalized and took his oath of
allegiance.
In 1987 Jose Jr. got elected to the House
of Representatives. His citizenship was
questioned foe having not elected Phil.
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.
 (Procedure for election: CA 625)
 Opinion, Sec. of Justice, s. 1948: within 3 years
from reaching the age of majority.
 Cuenco v. Secretary of Justice, 5 SCRA 110:
there was reason for the delay of election.
 In Re: Florencio Mallari, 59 SCRA 45: doctrine
of implied election.
 Co v. 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.
 Cu v. Republic 89 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, even if by reason of such marriage,
she lost her Phil. citizenship.
 Villahermosa v. Commissioner of Immigration,
80 Phil. 541. The right to elect Phil. citizenship
is an inchoate right, during his minority, the
child is an alien.
 Serra v. Republic, 91 Phil. 914: if the child is
illegitimate, he follows the status and
citizenship of his only known parents, the
Mother.

4. Those who are naturalized in accordance with

law.