CITIZENSHIP AND DOMICILE
Citizenship
 Is the person’s status or character of
being citizen of a given state or country
to which he owes permanent allegiance
and is entitled to its protection.
 Where allegiance and protection are
found in their completeness together,
citizenship exists
Nationality
 In civil law and Private International
Law, it has the same meaning as
citizenship such as in Article 16 of the
Civil Code, the national law refers to the
citizenship of the deceased at the time of
his death.
Citizenship Nationality
 Political  A reference to
reference to the his racial or ethnic
person background
NOTE: All citizens are considered nationals
but not all nationals are considered citizens
Citizens Nationals
 Are limited to  Cover all
those endowed citizens and persons
with the civil who, not being
and political citizens, owe
rights in the permanent
body politic of a allegiance to tge
state State and are entitled
to its protection.
Example: Under the Nationality Act of 1940
of the United States, certain classes of
persons were classified as nationals but not as
citizens.
 During the American regime in the
Philippines, Filipinos were among
those included as nationals of the US
but were not citizens
Kinds of Filipino Citizens
NB.N.E.LA.M
1. Natural born Filipino Citizens
 One who is Filipino from birth and
does not have to perform any act to
acquire his Philippine citizenship
a.) Native-Born Filipino- born in the
Philippines
NOTE: A natural born Filipino may be born
in a foreign country of Filipino parents
2. Naturalized Filipino Citizen
 One who became a Filipino through
judicial proceedings in accordance
with the Naturalization Law (CA
473)
3. Filipino Citizen by election
 One who by exercising the option to
elect Philippine citizenship, within a
reasonable time after reaching
majority age (18 yrs old) becomes a
citizen.
4. Filipino Citizen by legislative act
 One who becomes a Filipino citizen
by virtue of a legislative act
exemplified by the aliens accorded
Philippine citizenship by the late
President Marcos through
presidential decrees.
 Congress may also by law directly
accord Philippine citizenship to an
alien.
5. Filipino citizen by marriage
 Is a foreign woman married to a
Filipino, and who has all the
qualifications and none of the
disqualifications for Philippine
citizenship.
NOTE: Same rule applies to a foreign
woman married to a foreigner who
becomes a naturalized Filipino.
NOTE: The law on citizenship is political in
character and the national policy is one for
selective admission
NOTE: The Philippines adheres to the rule of
private international law that the illegitimate
child of a Filipino mother with a foreigner is a
Filipino citizen (US v. Ong Tianse; Leon
Ratunil Sy Quimsuan v. Republic)
Alien Woman married to a Filipino Citizen
 Becomes an ipso facto Filipino citizen
 CITIZENSHIP AND DOMICILE
provided she is not disqualified to be a
citizen of the Philippines under Section 4
of CA 473
 Similar rule applies when an alien
woman who married a foreigner who is
later naturalized as Filipino will follow
the citizenship of her husband from the
taking of his oath of allegiance to the RP
provided she does not suffer from any
disqualification and has all the
qualifications to become a Filipino
citizen.
 Note that, the alien woman who marries a
Filipino citizen must prove that she is not
disqualified to become a Filipino citizen.
 She must file a petition for the
cancellation of her alien certificate of
registration with the Commission on
Immigration and Deportation
Moy Ya Lim Yao case:
The administrative procedure and steps to be
taken by an alien woman married to a Filipino
for the cancellation of her alien certificate of
registration and followed by the C.I.D. as
embodied in the Opinion No. 38 series of
1958 of the Acting Secretary of Justice Jesus
G. Berrera:
 The alien woman must file a petition
for the cancellation of her alien
certificate of registration alleging,
among other things that she is
married to a Filipino citizen and that
she is not disqualified from acquiring
her husand’s citizenship pursuant to
Section 4 of CA 473
 Upon filing said petition, which
should be supported or accompanied
by the joint affidavit of the petitioner
and her husband to the effect and
thus secure recognition of her status
as a Filipino citizen.
Stateless Persons
 One who is without a country to which he
owes permanent allegiance and from
which he is entitled to protection.
 The situation can arise under certain
interntional events and circumstances
such as:
1. Person have been born in a
country which recognizes jus sanguinis, of
parents whose law recognizes only jus soli.
2. Because of tumultous political
events in the country like loss of citizenship
of Russian emigrants due to a Soviet decree
3. When a person had renounced
his nationality without acquiring a new one
4. Deprivation of citizenship due to
commiting certain acts like serious crimes
 The Personal law of stateless persons
which will govern their civil status and
legal capacity shall be determined by:
a) The law of domicile (habitual
residence)
b) In default thereof, the law of the
place of his temporary residence
**This rule was adopted by the Hague
Conference on International Private LAw in
1928.
Theories Determinative of Citizenship
1. Jus Sanguinis
 Citizenship is conferred by virtue of
blood relationship traceable to the
father or mother
 Followed in the Philippines
2. Jus Soli
 Citizenship is conferred by virtue of
the place of birth
 Followed in the United States
NOTE: A child born in the U.S. is an
American citizen
NOTE: During the American regime in the
Philippines, the Supreme Court applied the
principle of jus soli in several cases until
1939. But the abandonment of the principle
did not affect the citizenship of those already
declared Filipinos because of the principle of
res judicata.
Dual Citizenship
 When there is concurrent permanent
allegiance to two countries, dual
 CITIZENSHIP AND DOMICILE
citizenship results simultaneously application of the
NOTE: The 1987 Constitution does not favor owes, by some different laws of two
dual allegiance and is declared inimical to the positive act, or more states, a
national interest (Art.4, Sec 5). because a loyalty to two or person is
citizen of dual allegiance may circumvent or more states. simultaneously
negate any of the provisions of Art. XII on  A result of an considered a national
National Economy and Patrimony individual’s by the said states
NOTE: The provision that dual allegiance of voliton  Involuntary
citizens is inimical to the national interest and 1. Those born of
shall be dealt with by law has no retroactive Filipino fathers
effect. and/or mothers
in foreign
Dual Citizenship Law countries which
 RA. 9225 “An Act making the follow the
Citizenship of Philippine citizens Who principle of jus
acquire Foreign Citizenship Permanent, soli
Amending for the Purpose CA 63 as 2. Those born in the
Amended and for Other Purposes “ Philippines of
 The Act is known as Citizenship and Filipino mothers
Reacquisition Act of 2003 and alien fathers
 It is a declared policy of the State that all if by the laws of
Philippine citizens who become citizens their father’s
of another country shall be deemed not to country such
have lost their Philippine citizenship children are
under the conditions of the Act (Pp. 211- citizens of that
212 of Pineda) country
3. Those who
Derivative Citizenship marry aliens if
 The unmarried child, whether legitimate by the laws of
or illegitimate or adopted, below 18 years the latter’s
of age, of those who reacquire Philippine country the
citizenship upon effectivity of this Act former are
shall be deemed citizens of the considered
Philippines (Section 4) citizens, unless
their act or
ommission they
are deemed to
have renounced
Ph. Citizenship

Dual Allegiance vs. Dual Citizenship

ARTICLE 48
Dual Allegiance Dual Citizenship  A reiteration of Article 4 of 1935
 Refers to the  Arises when as a Constitution
situation in result of the  Superseded by 1973 constitution and in
which a person concurrent turn superseded by 1987 constitution
Who are Citizens of the Philippines?
 CITIZENSHIP AND DOMICILE
Under Section 1, Article 4 of the 1987
Constitution, the following are citizens of the
Philippines
1. Those who are citizens of the Philippines
at the time of the adoption of this
Constitution
a) Those who are Filipino citizens
under the provisions of the
Philippine Bill of 1902 and the Jones
Law of 1916
b) Those who are naturalized as
Filipino citizens prior to the adoption
of the 1935 constitution
c) Those who had been declared
Filipino citizens by final judgment of
our courts
d) Those who had elected Philippine
citizenship
e) Those born in the Philippines of
foreign parents and had been elected
to public office before adoption of
1935 consti
2. Those whose fathers or mothers are
citizens of the Philippines
 If father or mother is a Filipino
citizen, such child is a natural born
Filipino even if the other parent is an
alien
 The Philippine citizenship of the
mother confers natural born
citizenship upon her children without
necessity of election of Philippine
citizenship upon reaching the age of
majority.
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority and;
 January 17, 1973 is the date of the
ratification of 1973 Constitution
 Reasonable time after reaching age
of majority= within 5 years
 NOTE: children born before Jan 17
1973 who were already 21 years
before said date and had elected
Philippine citizenship are deemded
citizens
4. Those who are naturalized in accordance
with law.
 A foreigner may become a Filipino
citizen by naturalization either
through judicial proceedings in
accordance with the Revised
Naturalization Law (CA 473) or
through direct action of Legislature.
ARTICLE 49
Naturalization
 Is the process of acquiring the citizenship
of another country through procedures
authorized in said country:
a) The process could be judicial
where certain formalities of the law have to
be satisfied including a judicial hearing,
approval of the application and oath of
allegiance to the country
b) The process could be nonjudicial
such as by marriage to a citizen of a foreign
country or the exercise of an option to elect a
specific citizenship
c) The process could also be by
presidential decrees like the ones issued by
President Marcos during the Martial Law
time or by Act of Congress
Naturalization Laws
1. Commenwealth Act No. 63
 Provided for the manner and
procedure of losing and reacquiring
Philippine citizenship
2. Commonwealth Act No. 473
 Known as the Revised Naturalization
Law
 The subsequent special law on
naturalization providing for the qualifications
and special qualifications needed to become a
Philippine citizen; also enumerated the
persons disqualified to become Philippine
citizens
3. Republic Act No. 530
 Supplemening and modifying CA
473
 CITIZENSHIP AND DOMICILE
 Provided for the manned or
publication of a petition for Philippin
citizenship
4. Letter of Instructions No. 270
 Issued by President Marcos on April
11, 1975
 Provided for the manner of acquiring
Philippine citizenship by presidential
decree
NOTE: LOI 270 and CA 473 are statutes in
pari materia specifically on extending
citizenship to minor children
Requisites:
i. That they are legitimate children
of petitioner
ii. That they were born in the
Philippines
iii. That they were still minor when
petitioner was naturalized as Filipino
citizen
5. Republic Act No. 965
 Provided for the reacquisition of
Philippine citizenship lost by
rendering service to, or accepting
commission in the Armed Forces of
an allied country and taking oath of
allegiance incident thereto.
NOTE: the right of an alien to become a
citizen by naturalization is a statutory rather
than a natural one and it does not become
vested until he files a petition and establishes
facts showing strict compliance with the law.
NOTE: there is no proceeding for judicial
declarartion of Philippine Citizenship; such
pronouncement is beyond the court’s
jurisdiction.
NOTE: Naturalization proceedings is in rem
and hence it requires publication in the
official gazette or a newspaper of general
circulation otherwise it would be void.
To be a valid publication:
a) The petition and notice of hearing must
be published
b) The publication must be once a week for
three consecutive weeks
c) The publication must be in the official
gazette and in a newspaper of general
circulation in the province where the
applicant resides.
*the copies of the petition and notice of
hearing must be posted in the office of the
clerk of court or in the building where office
is located.
*the same notice must also indicate, among
others, the names of the witnesses whom
petitioner proposes to introduce at the trial
NOTE: Naturalization should be rigidly
enforced and strictly construed in favor of the
government and against the applicant
--It is the burden of proof of the applicant to
prove not only his own good moral character
but also the good moral character of his/her
witnesses must be credible
**LOI 270 and CA 473 both have the
common purpose of integrating into the
national fabric by being granted Filipino
citizenship
NOTE: Without a declaration of intention,
the court acquires no jursidcition over the
Petition for Naturalization and renders the
proceeding null and void (Declaration of
intention Section 5, pp. 223-224)
--The filling of intention of declaration is
mandatory unless applicant has continuously
resided in the Philippines for at least 30 years
and has sent his children in public or private
schools recognized by the government and
not limited to any race or nationality.
Qualifications for Naturalization in the
Philippines (Section 4 of CA 473):
* Refer to p. 224; keywords only
A. 21 years of age
B. Resided for 10 years in Philippines
C. Good moral character; proper and
irreprochable manner; belives in Ph
Consti
D. Own a real estate or lucrative trade or
professional or lawful occupation
 CITIZENSHIP AND DOMICILE
E. Speak and write English or Spanish
F. Enrolled children in any Public or Private
school that teaches Philippne history,
government and civics
NOTE: The qualifications are determined at
the time when the petition for naturalization
was filed.
--Failure to establish all the legal
requirements is fatal to the application for
naturalization
--The burden of proof is on the applicant that
he has all the qualifications and none of the
disqualifications
--In case of doubt, the case shall be resolved
against the grant of citizenship
Disqualifications for Naturalization in the
Philippines:
*Refer to p. 225; keywords only
1. Opposed to organized government
2. Defending propriety of violence
3. Polygamists
4. Moral turpitude
5. Suffering mental alientation and
incurable diseases
6. Not mingled sociallu with Filipinos
7. Citizens of nations at war with US/ PH
8. Citizens of coutries whose laws do not
grant Filipinos right to become
naturalized.
Denaturalization
 An alien who has been naturalized can be
deprived of the citizenship granted him
through naturalization for causes
provided by law (Section 18, Nat. Law)
 Hence, judgment in a naturalization
proceeding can never be truly final
(Republic v. Go Ben Lee)
NOTE: Denaturalization proceedings must
be commenced upon motion by the Solicitor
General or by his representative or by the
Private Prosecutor; A judge cannot motu
proprio declare void the grant of citizenship
to an alien granted by a competent court.
Three Modes of Naturalization:
According to the case of So v. Republic, there
are three modes of Naturalization:
1. Administrative Naturalization prusuant to
RA 9139
2. Judicial naturalization prusuant to CA 473
3. Legislative Naturalization in the form of a
law enacted by Congress bestowing
Philippine citizenship to an alien.
NOTE: The granting of citizenship by
naturalization to a female alien applicant
while her marriage to another alien is
subsisting would be inoperative for the reason
that such notwithstanding, she would still be
deemed to be a citizen of the country of her
husband.
NOTE: There is no law guaranteeing aliens
married to Filipino citizens the right to be
admitted, much less to be given permanent
residency in the Philippines.
ARTICLE 50
Domicile
 Means “permanent home, the place to
which whenever absent for business or
pleasure, one intends to return and
depends on facts and circumstances in the
sense that they disclose intent “
 Requisites:
a) The fact of residing or personal
presence in a particular place
b) The intention to remain in said
place permanently (animus manendi)
**For the exercise of civil rights and
fulfillment of civil obligations, the domicile
of natural perons is the place where they
habitually reside. But for purposes that are
political in nature, domicile is determined by
the criteria indicated in the subsisting political
laws.
NOTE: The term residence when used in
election, suffrage and naturalization laws, it
means domicile (political or legal residence)
 CITIZENSHIP AND DOMICILE
which imports not only the intention to reside 3. Intention to abandon old domicile (animus
in a fixed place, but also personal presence in non revertendi)
the place, coupled with conduct indicative of
such intention. NOTE: Mere absence from one’s domicile of
origin to pursue studies, engage in business or
practice of vocation is not sufficient to
Romualdez-Marcos v. COMELEC: constitute abandonment or loss of such
Residence and Domicile distinguished: residence.
Residence Domicile
 Implies factual  If the intent of NOTE: The place where a residence
relationship of an the person is to certificate was obtained and the date
individual to a remain contained therein are not conclusive as to the
certain place  Physical real residence or domicile of a person holding
 Physical presence + intent said certificate.
presence of a to remain and
person in a given return
areas,
community or
 The relation is
legal or juridical,
ARTICLE 51
country independent of  The domicile of Juridical persons are
 Involves intent to the necessity of generally fixed in the law creating or
leave when the physical recognizing them.
 If domicile is not fixed, then it is in the
purpose for appearance
which the  Creates certain place where their legal representation is
residence has facts which are established or where they exercise their
taken up his considered as principal functions.
abode ends such even if they
 The relation is are not
one of fact  Assumed by law
that a person is in
a particular
place, whether or
not he is acrually
there

Requisites to effect change of domicile:

1. Actual removal or actual change of
domicile
2. Bona fide intention of abandoning the
former place of residence and establishing a
new one
3. Acts which correspon with the purpose

OR
1. Residence or bodily presence in the new
locality
2. Intention to remain (animus manendi)