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VIII CITIZENSHIP A. Who are Filipino Citezens 1.

. Those who are citizens of the Philippines at the time of the adoption of the Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance with law. Tecson v. COMELEC, G.R. 161434, March 3, 2004- under the Philippine Bill of 1902, citizen of the Philippines wa one who was an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. The term inhabitant was taken to include 1) a native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an inhabitant who obtained Spanish papers on or before 11 April 1899. Whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on whther or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the affirmative, whether or not the allege illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. Any conclusion on the Filipino citizenship of Lorenzo Poecould only be drawn from the presumption that having been died in 1984 at 84 years old, Lorenzo would have been born sometime in the year 1870, when the Philippines wa under Spanish rule, and the San Carlos, Pangasinan, his place of residence upon hi death in 1954, in the absnce of any other evidence, could have been his palce of residence before death, such that Lorenzo poe would have benefited from the en masse Filipinization that the Philippine Bill had effecte in 1902. That citizenship (of Lorenzo Pou), if acquired, would thereby extend to seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children re legitimate or illegitimate. Sec.3, Art. 4 of the 1935 Constitution does not distinguish between legitimate child and illegitimate child of a Filipino father, we should not make a distinction. The civil status of legitimacy or illegitimacy, by itself, is not determinative of the Philippine citizenship. B. Mode of Acquiring citizenship. Modern law recognizes three distinct modes of acquiring citizenship: 1) Jus Sanguinis acquisition of citizenship on the basis of blood relationship; 2) Jus Soli acquisition of citizenship on the basis of place of birth; 3) Naturalization the legal act of dopting an alien and clothing him with the previlge of a native citizen. Basic Philippine law follows the jus sanginis and provides for naturalization.

C. Naturalization and De-naturalization Naturalization is the legal act of adopting a foreinger and clothing him with the privilege of a natural-born citizen. A person may be naturalized either by complying with both the substantive and procedural requirements of a general naturalization law or he may be naturalized by a special act of the legislature.

Laws and procedure used in the Philippines: 1. General Law of Naturalization applied through a judicial process.( Revised anaturalization Law, C.A. 473, June 17, 1939.)

2. Special Naturalization Law, i.e., an act of the legislature making a named individual a citizen of the Philippines. E.g., the Republic Act which made Father James Moran, S.J. a citizen or the Presidential Decree which made Mr. Ronnie Nathanielz a citizen. 3. Mass naturalization law. The Philippine Bill of 1902 made Filipino citizen of all inhabitants Islands continuing to reside in them who were Spanish subjects on April 11, 1899 and then resided in said islands. 4. General Law of naturalization applied through a combination of administrative process and presidential process (Letter of Instruction N0. 270, in effect for a limited period from its promulgation by President Marcos on April 11, 1975.) 5. Administrative Naturalization Law, R.A. 9139, enacted in 2000. Requirements an applicant must satisfy under the Revised Naturalization Law: Substantive requirements; Sec. 2 of C.A. 473 prescribes requirements of age, residence moral characterand political belief, real property or lucrative occupation, language, and education of children. Procedural requirements; the applicant must go through the following steps: declaration of intention, filing of petition, hearing and initial judgment, period of probation, rehearing and final judgment. The applicant become a Filipino citizen upon taking the oath provided by law after satisfactorily passing the period of probation. Requirements an applicant must satisfy under the Administrative Naturalization Law: Substantive requirements; a)The applicant must be born in the Philippines and residing therein since birth; b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition; c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living; d) The applicant must have received his/her primary and secondary education in any public or private educational institution duly recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, that hould he/she have minor children of school age, he/she must have enrolled tham in similar schools; e) That applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his family: Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because tey are disqualified to do so by reason of their citizenship; f) The applicant must be able to read, write and speak Filipino or any of the deilects of the Philippines; and g) The applicant must have mingled with the Filipinos and evinced desire to learn and embrace the customs, traditions and ideals of the Filipino people. D. Dual Citizenship and dual allegiance

R.A. 9225, the Dual Citizenship Law, has done is to liberized the reacquisition and retention of natural born Philippine citizenship. The law deals with two classes of persons: 1) Filipinos who lost their citizenship prior to the enactment of R.A. 9225 and 2) Filipinos who become citizens of another country after the effectivity of R.A. 9225.

Mercado vs. Manzano, G.R. 135083, May 26, 1999 The prase dual citizenhip in R.A. 7160 must be understood as referring to dual allegiance. In filing a certificate of candidacy, the person with dual citizenship effectively renoumces his foreign citizenship. The oath of allegiance contained in he certificate of candidacy constitutes sufficient renunciation. E. Loss and re-acquisition of Philippine Citizenship. C.A. No. 63, as amended, and R.A. 965 and 2639, P.D. 725 laws govern loss and reacquisition of Philippine citizenship. A certificate of naturalization may be cancelled if it is shown to have been obtained fraudulently or illegally, or if the person is shown to have violated the prohibitions imposed on him by C.A. 473, section 18. But to justify the cancellation of such certificate, the evidence must be clear, unequivocaland convincing and not merely preponderant. Citizenship acquired through naturalization is not second-clas citizenship. Republic v. Cokeng , 23 SCRA 559 (1963) and 63 SCRA 668 (1970). Naturalization or repatriation are the modes of reacquiring lost citizenship. Repatriation is the recovery of original citizenship. Thus, if what was lost was naturalized citizenship, that is what will be reacquired. If that was lost was lost was natural born citizenship, that will be reacquired. Bengzon v. Cruz, G.R. No. 142840, May 7, 2001. R.A. 8171, section 2. Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippine and registration in the proper civil registry and in the Buraeu of Immigration. The Bureau of Immigration shall thereupon cancel the pertinent certificate of registration and issue the certificate of identification as Filipino citizen to te repatriated citizen. Repatriation can be done only to 1) women who lost citizenship by marriage and 2) those who lost citizenship for political or economic reasons. Tabasa v. CA, August 29, 2006. Bengzon vs. HRET, G.R. 142840, May 7, 2001 Repatriation may be had under various statutes by those who lost their citizenship due to: 1) desertion of the AFP; 2) served in the armed forces in WWII; 3) service in the AF of the US at any time ; 4) marriage of a Filipino woman to an alien; 5) political and economic necessity. Altarejos Vs. COMELEC, G.R. 163256, Nov. 10, 2004 in addition to the taking of oath of allegiance to the Republic of the Philippines, the registration of the Certificate of Repatriation in the proper civil registry and the Buraeu of Immigration are the prerequisite in effecting the repatriation of a citizen. Repatriation retroacts from the date of the filing of ones application for repatriation. F. Natural-born citizens and public office Sec. 2 Natural-born citizens are those who are citizens of the Philippine from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with par. 3 , sec. 1 hereof shall be deemed natural-born citizen.