CITIZENSHIP TOPIC by CAFFEINATED WISDOM

Citizenship -- membership in a political community which is personal and more or less permanent in
character.

NOTA BENE:
 The core of citizenship is the capacity to enjoy political rights such as, the right to participate in the
government principally through the right to vote, the right to hold public office, and the right to petition the
government for redress of grievances. (Cruz)

No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to
read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten
years immediately preceding such election. (Section 2, ARTICLE VII EXECUTIVE DEPARTMENT, 1987
CONSTITUTION)

There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in
the same manner, as the President. (Section 3, ARTICLE VII EXECUTIVE DEPARTMENT, 1987
CONSTITUTION)

No person shall be a Senator unless he is a natural-born citizen of the Philippines xxxxx (Section 3, ARTICLE VI
THE LEGISLATIVE DEPARTMENT,1987 CONSTITUTION)

No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines
xxxxx (Section 6, ARTICLE VI THE LEGISLATIVE DEPARTMENT,1987 CONSTITUTION)

No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born
citizen of the Philippines. (Section 7(1) ARTICLE VIII JUDICIAL DEPARTMENT, 1987 CONSTITUTION)

The civil service shall be administered by the Civil Service Commission composed of a Chairman and two
Commissioners who shall be natural-born citizens of the Philippines xxxx (Section 1(1) B. THE CIVIL SERVICE
COMMISSION,ARTICLE IX CONSTITUTIONAL COMMISSION, 1987 CONSTITUTION)

There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-
born citizens of the Philippines xxxxx (Section 1(1) C. THE COMMISSION ON ELECTIONS, ARTICLE IX
CONSTITUTIONAL COMMISSION, 1987 CONSTITUTION)

There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born
citizens of the Philippines xxxxxx (Section 1(1) D. THE COMMISSION ON AUDIT, ARTICLE IX
CONSTITUTIONAL COMMISSION, 1987 CONSTITUTION)

The Ombudsman and his Deputies shall be natural-born citizens of the Philippines xxxxx (Section 8 ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS, 1987 CONSTITUTION)

The Congress shall establish an independent central monetary authority, the members of whose governing board
must be natural-born Filipino citizens (Section 20, ARTICLE XII NATIONAL ECONOMY AND
PATRIMONY 1987 CONSTITUTION)

The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge
thereof unless he is a citizen of the Philippines and a member of the Philippine Bar. (Section 7(2) ARTICLE VIII
JUDICIAL DEPARTMENT, 1987 CONSTITUTION)

The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the
Philippines xxxx (Section 17 HUMAN RIGHTS ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS,
1987 CONSTITUTION)

No person shall be appointed Presiding Justice or Associate Justice of the Sandiganbayan; unless he is a natural-born
citizen of the Philippines (Section 1 SANDIGANBAYAN ACT)

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CITIZENSHIP TOPIC by CAFFEINATED WISDOM

An elective local official must be a citizen of the Philippines. (Qualifications. Section 39(a) LOCAL
GOVERNMENT CODE)

Modes of acquiring citizenship:

By birth Jus sanguinis -- the acquisition of citizenship on the basis of blood relationship
Jus soli -- the acquisition of citizenship on the basis of place of birth
By naturalization -- the legal act of adopting an alien and clothing him with the privilege of a native-born
citizen
By marriage -- By marriage of a woman to a foreigner whose laws automatically make the wife a citizen of
his country (Sec. l(7) C.A. 63)

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. (Section 1 ARTICLE IV CITIZENSHIP, 1987
CONSTITUTION)

Those who are citizens of the Philippines at the time of the adoption of this Constitution:
1. Those who are citizens under the Treaty of Paris
2. Those declared as Filipino citizens by judicial pronouncement or res judicata before the ruling of the Roa
doctrine or the application of the jus soli principle. (Tio Tiam vs. Republic, G.R. No. 9602 April 25, 1957)
3. The 1935 Constitution confers citizenship to all persons whose fathers are Filipino citizens regardless of
whether such children are legitimate or illegitimate. (Tecson vs. COMELEC, G.R. No. 161434 March 3,
2004)
4. Those born before February 2, 1987, of Filipino mothers, who elect citizenship upon after attaining the
age of majority. The time to elect must be made within 3 years after attaining the age of majority.
5. Under the 1935 Constitution, those born before in the Philippines of foreign parents, who before the
adoption of the Constitution had been elected to public office in the Philippines, are considered Filipino
citizens. (Chiongbian vs. De Leon, G.R. No. L-2007, January 31, 1949)

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural-born citizens. (Section 2 ARTICLE IV CITIZENSHIP, 1987
CONSTITUTION)

Having to perform can means that the act must be personally done by the citizen. In this instance, the determination
of foundling status is done not by the child but by the authorities. (Poe-Llamanzares vs. COMELECE, G.R. No.
221698-700 March 8, 2016)

Philippine citizenship may be lost or reacquired in the manner provided by law. (Section 3 ARTICLE IV
CITIZENSHIP, 1987 CONSTITUTION)

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are
deemed, under the law to have renounced it. (Section 4 ARTICLE IV CITIZENSHIP, 1987 CONSTITUTION)
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. (Section 5 ARTICLE
IV CITIZENSHIP, 1987 CONSTITUTION)

DOCTRINE OF INDELIBLE ALLEGIANCE

An individual may be compelled by municipal law to retain his original nationality even if he has already renounced
or forfeited it under the laws of second state who nationality he has acquired. (Nachura, Reviewer, supra at 288)

Naturalization -- the process by which a foreigner acquires, voluntarily or by operation of law, the

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citizenship of a State (Cruz, supra at 802)

-- the legal act of adopting an alien and clothing him the rights that belong to a natural born
(Bernas, Commentary, supra at 636)
Modes of Direct naturalization a. individual proceedings, usually judicial, under general
naturalization naturalization laws;
b. Special act of the legislature, often in favour of distinguished
foreigners who have rendered some notable service to the local
state;
c. Collective change of nationality as a result of cession or
subjugation;
d. Adoption of orphan minors as nationals of the State where
they are born (Cruz, supra at 802); and
e. Administrative proceedings (R.A. 9139)

Derivative naturalization Conferred on :

a. Wife of the naturalized husband;
b. Minor children of a naturalized parent; and
c. Alien woman upon marriage to national (Cruz, International
Law (2003), p. 183)
EFFECTS OF On the wife It vests citizenship on the wife who might herself be lawfully
NATURALIZATION naturalized; she need not prove her qualifications but only that
she is not disqualified. (Moy Ya Lim Yao vs. Commission of
Immigration, G.R. No. L-21289, October 4, 1971)
On the Minor children If born in the Philippines -- automatically become citizens;

If born abroad before the Residing in -- automatically

naturalization of the father RP at the become citizens
time of
naturalization

If not -- considered
residing in citizens only
RP at the during minority,
time of unless begins to
naturalization reside
permanently in
the Philippines

If born abroad after Considered Filipino, provided

parents’ naturalization
registered as such before any
Philippine consulate within 1 year
after attaining majority age and
takes oath of allegiance (Suarez,
supra at 363)

Grounds for Denaturalization

1. Naturalization certificate was obtained through fraud;
2. If within 5 years, he returns to his native country or travels to some foreign country and establishes resident
therein;
3. Naturalization was obtained through invalid declaration of intention;
4. Minor children failed to graduate through the fault of the parents either by neglecting support or by transferring
them to another school; and
5. Allowing himself to be used as a dummy (C.A. 473, Revised Naturalization Law)

Nota Bene:

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CITIZENSHIP TOPIC by CAFFEINATED WISDOM

 The 1-year stay in native country or 2 year stay in a foreign country shall be prima facie evidence of intent
to take up residence in the said country.

Effects of denaturalization
1. If ground affects intrinsic validity of the proceedings, denaturalization shall divest wife and children of
their derivative naturalization; and
2. If the ground is personal, the wife and children shall retain citizenship.

Qualifications. — Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of
The Administrative Naturalization Law of 2000 must meet the following qualifications:
(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 school 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 should he/she have minor
children of school age, he/she must have enrolled them in similar schools;
(e) The 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/her family: Provided, however, That this shall not apply to applicants who are college degree holders
but are unable to practice their profession because they 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 dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace
the customs, traditions and ideals of the Filipino people. (SEC. 3 “The Administrative Naturalization Law
of 2000.”  [REPUBLIC ACT NO. 9139])

Disqualifications. — The following are not qualified to be naturalized as Filipino citizens under The Administrative
Naturalization Law of 2000:
(a) Those opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination
for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals
of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof. (SEC. 4. “The Administrative Naturalization Law of 2000.”  [REPUBLIC ACT
NO. 9139])

CA 473 applies to naturalization by judicial proceedings, while RA 9139 applies to naturalization by administrative
acts. (Edison So vs. Republic, G.R. No. 170603 January 29, 2007)

Philippine citizenship may be lost or reacquired in the manner provided by law. (Section 3 ARTICLE IV
CITIZENSHIP, 1987 CONSTITUTION)

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Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are
deemed, under the law to have renounced it. (Section 4  ARTICLE IV CITIZENSHIP, 1987 CONSTITUTION)

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. (Section 5   ARTICLE
IV CITIZENSHIP, 1987 CONSTITUTION)

How citizenship may be lost.—A Filipino citizen may lose his citizenship in any of the following ways and/or
events:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon
attaining twenty-one years of age or more;
(4) By accepting commission in the military, naval or air service of a foreign country;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared, by competent authority, a deserter of the Philippine army, navy or air corps in
time of war, unless subsequently a plenary pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the law in force in her
husband’s country, she acquires his nationality. (SEC. 1, An Act providing for the ways in which
Philippine citizenship may be lost or reacquired Commonwealth Act No. 63)

By accepting commission in the military, naval or air service of a foreign country

EXCEPT:
a. The Philippine has a defensive and/or offensive pact alliance with the said foreign country; and
b. The said foreign country maintains armed forces on Philippine territory with the consent of the
Philippines

How citizenship may be reacquired.—Citizenship may be reacquired:

(1) By naturalization: Provided, That the applicant possess none of the disqualifications prescribed in
section two of Act Numbered Twenty-nine hundred and twenty-seven;
(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That a woman who lost her
citizenship by reason of her marriage to an alien may be repatriated in accordance with the provisions of
this Act after the termination of the marital status; and
(3) By direct act of the National Assembly. (SEC. 2, An Act providing for the ways in which Philippine
citizenship may be lost or reacquired Commonwealth Act No. 63)

PEOPLE ENTITLED TO THE BENEFITS OF REPATRIATION:

Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have
lost their Philippine citizenship, including their minor children, on account of political or economic necessity
(Section 1 of REPUBLIC ACT NO. 8171 - AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO
WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF
NATURAL-BORN FILIPINOS)

DISQUALIFICATION TO THE BENEFITS OF REPATRIATION:

provided, that the applicant is not a:
(1)    Person opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing organized government;
(2)    Person defending or teaching the necessity or propriety of violence, personal assault, or association
for the predominance of their ideas;
(3)    Person convicted of crimes involving moral turpitude; or
(4)    Person suffering from mental alienation or incurable contagious diseases. (Section 1 of REPUBLIC
ACT NO. 8171 - AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO
HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-
BORN FILIPINOS)

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PROCEDURAL REQUIREMENTS:
Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and
registration in the proper civil registry and in the Bureau of Immigration.
The Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the
certificate of identification as Filipino citizen to the repatriated citizen. (Section 2 of REPUBLIC ACT NO. 8171 -
AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR
PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-BORN FILIPINOS)

JURISPRUDENCE:
 Repatriation results in the recovery of the original nationality. This means that a naturalized Filipino who
lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if
he was originally a natural-born citizen before he lost his Philippine citizenship he will be restored to his
former status as a natural-born Filipino. (Bnegzon vs. HRET, G.R. No. 142840 May 7, 2001)
 It is not only the law itself which is to be given retroactive effect, but even the repatriation granted under
the said law is deemed to have retroacted to the date of his application therefore. (Frivaldo vs. COMELEC,
G.R. No. 120295 June 28, 1996)

Upon taking the following oath of allegiance to the Republic of the Philippine:
1. All Philippine citizens who become citizens of another country shall be deemed not to have lost their
Philippine citizenship;
2. natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship;

Derivative Citizenship. — The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18)
years of age, of those who re-acquire Philippine citizenship shall be deemed citizens of the Philippines. (Section 4 of
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED, AND
FOR OTHER PURPOSES [REPUBLIC ACT NO. 9225])

Civil and Political Rights and Liabilities. — Those who retain or re-acquire Philippine citizenship shall enjoy full
civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:
(1) Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article
V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act of
2003” and other existing laws;
(2) Those seeking elective public office in the Philippines shall meet the qualifications for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the certificate
of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic
of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That
they renounce their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised
by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the
country which they are naturalized citizens. (Section 5 of AN ACT MAKING THE
CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS
AMENDED, AND FOR OTHER PURPOSES [REPUBLIC ACT NO. 9225])

JURISPRUDENCE:

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 Given the distinction between citizens who have "reacquired" from those who "retained" Philippine
citizenship, coupled with the legal effects of renunciation of citizenship, Section 2 of R.A. No. 9225 cannot
be used as basis for giving a retroactive application of the law. R.A. No. 9225 contains no provision stating
that it may be applied retroactively as regards natural-born citizens who became naturalized citizens of a
foreign country prior to the effectivity of the said law. In fact, correlating Sections 2 and 3 of the law would
readily reveal that only those falling under the second paragraph of R.A. No. 9225, i.e., natural-born
citizens who became naturalized citizens of a foreign country after the effectivity of the said law, shall be
considered as not to have lost their Philippine citizenship.

Moreover, to consider that the reacquisition of Philippine citizenship retroacts to the date it was lost would
result in an absurd scenario where a Filipino would still be considered a Philippine citizen when in fact he
had already renounced his citizenship. (VIVENNE K. TAN v. VINCENT "BINGBONG"
CRISOLOGO, G.R. Nos. 193993, November 08, 2017)

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. (Section 5 ARTICLE
IV CITIZENSHIP, 1987 CONSTITUTION)

DUAL CITIZENSHIP
It allows natural-born Filipinos to enjoy the rights they used to enjoy before they acquired a new citizenship abroad.
It is also available to natural-born Filipinos who are naturalized after the effectivity of the law in 2003 and are
allowed to retain their Philippine citizenship. (Cruz, supra at 826)

WHO ARE CONSIDERED DUAL CITIZENS:

1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
2) Those born in the Philippines of Filipino mothers and alien fathers if by laws of their fathers’ country
such children are citizens of that country;
3) Those who marry aliens if by laws of the latter’s country the former are considered citizens, unless by
their act or omission they are deemed to have renounced Philippine citizenship. (Mercado vs. Manzano,
G.R. No.135083, May 26, 1999)
4) Natural born citizens of the Philippine who after the effectivity of RA 9225, become citizens of a foreign
country, and afterwards take the Oath of Allegiance to the Republic of the Philippines.

EFFECT OF DUAL CITIZENSHIP TO PUBLIC OFFICE:

1) Those seeking elective public office in the Philippines shall meet the qualifications for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the certificate
of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public
officer authorized to administer an oath; AND
(2) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic
of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That
they renounce their oath of allegiance to the country where they took that oath; (Section 5 of AN ACT
MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT, AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED,
AND FOR OTHER PURPOSES [REPUBLIC ACT NO. 9225])

Dual citizenship -- arises when, as a result of the concurrent application of the different laws of two or
more states, a person is simultaneously considered a citizen of said states.
-- it may be acquired voluntary under RA 9225 or involuntary

Dual allegiance -- refers to the situation where a person simultaneously owes, by some positive act, loyalty
to two or more states.
-- it may be acquired voluntary

JURISPRUDENCE:
 In Sections 2 and 3 of R.A. No. 9225, the framers were not concerned with dual citizenship per se, but with
the status of naturalized citizens who maintain their allegiance to their countries of origin even after their

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naturalization.12 Section 5(3) of R.A. No. 9225 states that naturalized citizens who reacquire Filipino
citizenship and desire to run for elective public office in the Philippines shall "meet the qualifications for
holding such public office as required by the Constitution and existing laws and, at the time of filing the
certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before
any public officer authorized to administer an oath" aside from the oath of allegiance prescribed in Section
3 of R.A. No. 9225. The twin requirements of swearing to an Oath of Allegiance and executing a
Renunciation of Foreign Citizenship served as the bases for our recent rulings in Jacot v. Dal and
COMELEC,13 Velasco v. COMELEC,14 and Japzon v. COMELEC,15 all of which involve natural-born
Filipinos who later became naturalized citizens of another country and thereafter ran for elective office in
the Philippines.

In the present case, Tambunting, a natural-born Filipino, did not subsequently become a naturalized citizen
of another country. Hence, the twin requirements in R.A. No. 9225 do not apply to him.

The twin requirement of swearing an Oath of Allegiance and executing a Renunciation of Foreign
Citizenship does not apply to dual citizens from birth, but only to those who are dual citizens from
application to another citizenship. (CORDORA VS. COMELEC, G.R. NO. 176947 FEBRUARY 19, 2009)