23/09/2019

NATIONALITY AND
CITIZENSHIP

Attorney Judiel M. Pareja

DISTINguISH NATIONALITY
frOm CITIZENSHIP.

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Answer:
While nationality is membership in an
ethnic, social, racial, and cultural group,
citizenship is membership in a political
society. The relationship between a
citizen and the society that confers this
status is formal. On the other hand,
denotes informal membership in or
identification with a particular nation
(which is not a synonym for country or
state).

WHAT ArE THE mODES Of

ACquIrINg CITIZENSHIP?

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Answer:
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 adopting an alien and
clothing him with the privilege of a
native born citizen.

Note:
Basic Philippine law follows the rule of
jus sanguinis and provides for
naturalization.

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WHO ArE CITIZENS Of THE

PHILIPPINES?

Answer:
Section1, Article IV of the 1987
Constitution provides:
“Section 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 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 the
accordance with law.”

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HOW IS THE PrINCIPLE Of

juS SANguINIS APPLIED IN
THE 1987 CONSTITuTION?

Answer:
Through Paragraph 2, Section 1 which
declares as Filipino citizens “[t]hose
whose fathers or mothers are citizens
of the Philippines.”

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WHAT ArE THE THrEE

kINDS Of CITIZENS Of THE
PHILIPPINES?

Answer:
1. Natural-born citizens – those who are
citizens from birth without having to
perform any act to acquire or perfect
Philippine citizenship;
2. Naturalized citizens – citizens who are
not natural-born citizens; those who
become such through judicial
proceedings; and
3. Citizens by election – citizens who by
virtue of certain legal provisions,
become such by choosing (or electing)
Philippine citizenship at the age of 21
or within reasonable time thereafter.

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WHAT IS THE CITIZENSHIP

Of AN ILLEgITImATE CHILD
Of A fILIPINA mOTHEr?

Answer:
Filipino. This true whether the child is
born under the 1935, 1973 or 1987
Constitution.

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WHAT IS THE CITIZENSHIP

Of AN ILLEgITImATE CHILD
Of A fILIPINO fATHEr AND
AN ALIEN mOTHEr?

Answer:
Filipino, if paternity is clear because
jus sanguinis, which makes no
distinction between legitimate and
illegitimate children. (Tecson vs.
COMELEC, March 03, 2004)

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mAY A CHILD bOrN uNDEr

THE 1973 CONSTITuTION
Or THE 1987
CONSTITuTION Of A
fILIPINA mOTHEr AND AN
ALIEN fATHEr ELECT
PHILIPPINE CITIZENSHIP?

Answer:
No. If the mother was still a Filipina at
the time of birth, and hence need not
elect. If the mother, however, had lost
Philippine citizenship by the time of
the birth of the child, the child has no
right of election and may acquire
citizenship only by naturalization.

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WHAT IS
NATurALIZATION?

Answer:
It is the legal act of adopting a
foreigner and clothing him with the
privileges of a natural-born citizen.

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WHAT kIND Of
NATurALIZATION LAWS
AND PrOCEDurES HAvE
bEEN uSED IN THE
PHILIPPINES?

Answer:
The following have been used:
First, general law of naturalization
applied through a judicial process.
(Revised Naturalization Law, C.A. 473,
June 17, 1939. This is still in effect.)

Second, mass naturalization law. The

Philippine Bill of 1902 made Filipino
citizens “all inhabitants of the
Philippine Islands continuing to reside
in them who were Spanish subjects”
on 11 April 1899 “and then resided in
said islands.”

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Third, general law of naturalization

applied through a combination of
administrative process and
presidential process. (Letter of
Instruction No. 270, in effect for a
limited period from its promulgation.)

Fourth, administrative naturalization

law, R.A. No. 9139, enacted in 2000.)

Fifth, special naturalization law, i.e.,

an act of the legislature making a
named individual a citizen of the
Philippines. (Presidential Decree
which made Ronnie Nathanielz a
citizen.)

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WHAT ArE THE

ATTrIbuTES Of
NATurALIZATION?

Answer:
First, citizenship is not a right it is a
privilege.
Second, the requisite conditions for
naturalization are laid down by
Congress, courts cannot change or
modify them.
Third, only foreigners may be
naturalized.
Fourth, just as state may
denationalize its own citizens, so may
naturalization be revoked. In this
sense, final judgment for
naturalization can never be truly final.

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Fifth, naturalization demands

allegiance to our Constitution, laws
and government.
Sixth, naturalization is a proceeding in
rem, and therefore jurisdiction over
the entire world is acquired by
publication.

WHAT kIND Of
rEquIrEmENTS muST AN
APPLICANT fOr
NATurALIZATION SATISfY
uNDEr THE rEvISED
NATurALIZATION LAW?

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Answer:
Both substantive and procedural
requirements.

WHAT ArE THE

SubSTANTIvE
rEquIrEmENTS fOr
NATurALIZATION?

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Answer:
Briefly, Section 2 of CA 473 prescribes
requirements of age, residence, moral
character and political belief, real
property or lucrative occupation,
language and education of children.

WHAT PrOCEDurAL
rEquIrEmENTS muST bE
SATISfIED?

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Answer:
The applicant must go through the
following steps:
1. Declaration of intention;
2. Filing of Petition;
3. Hearing and initial judgment;
4. Period of probation;
5. Rehearing and
6. Final judgment.

WHEN DOES THE

APPLICANT bECOmE A
fILIPINO CITIZEN?

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Answer:
Upon taking the oath provided by law
after satisfactorily passing the period
of probation.

WHAT kIND Of
rEquIrEmENTS muST AN
APPLICANT fOr
NATurALIZATION SATISfY
uNDEr THE
ADmINISTrATIvE
NATurALIZATION LAW?

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Answer:
Both substantive and procedural
requirements.

HOW IS THE APPLICATION

HANDLED?

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Answer:
It is handled through the Special
Committee on Naturalization chaired
by the Solicitor General.

WHAT IS THE EffECT Of

THE NATurALIZATION Of
A fATHEr ON LEgITImATE
mINOr CHILDrEN?

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Answer:
In general, the minor children become
citizens of the Philippines.

WHAT IS THE EffECT ON

THE WIfE Of THE
NATurALIZED HuSbAND?

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Answer:
She becomes a Filipino citizen,
provided she shows, in an
administrative procedure for the
cancellation of her alien certificate of
registration, that she has none of the
disqualifications found in CA 473.

WHAT IS THE EffECT Of

THE NATurALIZATION Of
A HuSbAND uNDEr rA NO.
9139?

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Answer:
Applicant’s alien lawful spouse and
minor children may file a petition for
cancellation of their alien certificates
of registration with the Committee.

WHAT IS THE EffECT Of

THE NATurALIZATION Of
THE WIfE uNDEr rA NO.
9139?

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Answer:
It will not benefit her alien husband
but her minor children may file a
petition for cancellation of their alien
certificate of registration.

mAY A LAW TrEAT

NATurAL-bOrN CITIZENS
AND NATurALIZED
CITIZENS DIffErENTLY?

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Answer:
No, except in instances where the
Constitution itself makes a
distinction. Otherwise, there would be
a violation of the equal protection
clause.

HOW mAY LOST

CITIZENSHIP bE
rEACquIrED?

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Answer:
Either by naturalization or
repatriation.

DOES THE CONSTITuTION

ALLOW DuAL CITIZENSHIP?

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Answer:
Because Philippine law has no control
over citizenship laws of other
countries, dual citizenship can be
unavoidable under the present
Constitution.

WHAT IS rEPATrIATION?

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Answer:
Repatriation is the recovery of original
citizenship. Thus, if what was lost
was naturalized citizenship, that is
what will be reacquired. If what was
lost was natural born citizenship, then
that will be reacquired.

WHO mAY bE
rEPATrIATED?

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Answer:
Under RA No. 8187 only (1) women
who lost citizenship by marriage and
(2) those who lost citizenship for
political or economic reasons may be
repatriated.

DOES SECTION 5, ArTICLE

Iv Of THE 1987
CONSTITuTION PrOHIbITS
DuAL CITIZENSHIP?

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Answer:
The specific target of this new
provision is not dual citizenship but
dual allegiance arising from e.g.,
mixed marriages or birth in foreign
soil. This was seen as more insidious
than dual citizenship.

Blatche granted
Philippines citizenship.
By Mike Mazzeo |
ESPNNewYork.com

Douthit set to acquire

PH citizenship
By June Navarro

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Divide the class into eight (8) groups.

Answer the question below.
Are the laws granting Philippine
Citizenship to the earlier-mentioned
foreign basketball players
constitutional? Write your arguments
in a bond paper.

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