CITIZENSHIP

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(ratification of 1973 constitution), of

Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

(4) Those who are naturalized in accordance with law.

Citizenship is a personal and more or less permanent membership in a political community. It

denotes possession within that particular political community of full civil and political rights
subject to special disqualification such as minority

3 distinct modes of acquiring citizenship:

1. Jus sanguinis – basis is blood relationship

Philippine law adopts the rule of jus sanguinis.

2. Jus Soli – the basis of this is through the place of birth.

adopted by US.
3. Naturalization – legal act of adopting an alien and clothing him with the privilege of a
native born citizen

Citizens at the time of the adoption of this constitution: Article IV, Section 1 (1), refers to
Article III, Section 1, of the 1973 constitution.

Under Section 1, Article III of the 1973 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; meaning to say the 1935 constitution

2. Those whose fathers or mothers are citizens of the Philippines;

 3. Those who elect Philippine citizenship pursuant to the provisions of the constitution of
1935;

4. Those who are naturalized in accordance with law.

• Article III, Section 1 (1), of the 1973 constitution refers to citizens under Article IV
of the 1935 constitution, which are:

1. Those who are citizens of the Philippine Islands at the time of the adoption of this
constitution;1935

2. Those born in the Philippine Islands of foreign parents who, before the adoption of the
constitution, had been elected to public office in the Philippine Islands;

3. Those whose fathers are citizens of the Philippines;

4. Those whose mothers are citizens of the Philippines and, upon reaching the age of
majority, elect Philippine citizenship;

5. Those who are naturalized in accordance with law.

• Citizens of the Philippines at the time of the adoption of the 1935 constitution as
provided in Article IV of the 1935 constitution are the following:

1. All inhabitants of the PI continuing to reside therein, who were Spanish subjects on
April 11, 1899, and then resided in said islands;

2. The children of those who became Filipino citizens under the Philippine Bill of 1902; it
was the first law that was pass by the US congress that would govern the PH at that time.

3. Those who were naturalized citizens under the Naturalization Law of 1902;

4. Children who were minors at the time of the naturalization of their parents, if dwelling
in the Philippines, and children born subsequent to the naturalization of their parents;

5. Foreign women married to citizens of the Philippines who may have acquired
Philippine citizenship under Act 3448;

6. Those who were citizens of the Philippines by the principle of res judicata or by final
court decisions.
Art 4 Sec 1 of the 1987 constitution does not cure the defect in the acquisition of the citizenship
under the 1935 and 1973 constitution.

• Section 1 (2): Children of Filipino fathers or mothers.

- This is an innovation carried from the 1973 constitution – not talking about
1987 constitution.
- The principle of jus sanguinis was adopted by the 1935 constitution therefore
the child of the Filipino father whether born in the PH or abroad is a Filipino
citizen from the moment of birth. However, under the 1935 constitution, the
child of a Filipino mother must elect PH citizenship upon reaching the age of
majority.
- The 1973 constitution expanded the application of Jus Sanguinis principle by
placing the Filipino Woman in the same level as the male in matters of PH
citizenship. Therefore those whose mothers are citizens of the PH even if the
father is an alien are Filipino citizenship. It is essential that the mother must
be a Filipina at the time of the birth of a child.
- Under the 1935 constitution to have the right of election - (those whose
mothers are citizen of the PH and upon reaching the age of majority must elect
Ph ctzsp that is the called in right of election. It is essential that the mother is a
Filipina at the time of her marriage to an alien even if she is no longer one at
the time of the birth of the child.
- This innovation is not retroactive. It applies only to those born of a Filipina
mother on or after the effectivity of the 1973 cnstn or on Jan 17 1973
- If you were born before the effectivity of the 1973 cnstn then the provision of
the 1935 constitution will be applicable to you.
- For those born of a Filipina mother before jan 17, 1973 , the 1935 applies
there would still be need to elect PH ctzsp upon reaching the majority.
- The principle of Jus Sanguinins applies only to natural filiation and not
filiation of adoption ( Ching Leng vs Galang).
- The rule that only legitimate children follows the citizenship of the father
(mother is alien) (Serra vs Republic) was modified by FPJ case (Tecson vs
COMELEC)
- FPJ case (GR no 161824)– the 1935 cons confers czsp to all persons whose
fathers are Filipino ctzen regardless of whether such children are legitimate or
illegitimate.

• Section 1 (3): Citizens by election

- Reformulation of sec 1(3) of the 1973 cons.

- The scope of the right of election given by the 1935
  Under the 1935 counted as citizens are those whose mothers are citizens of
the PH and upon reaching the age of majority elect PH Ctzp. For a child to
benefit from the 1935 provision, the mother must be a Filipino citizen
either by birth or naturalization at the time of her marriage to an alien.
 (Dy Cuenco vs Sec of Justice – 5 sCRA 108)- 3 yrs is a reasonable period
within a child must make the election, after such period, the right is lost.
For justifiable circumstances, when the person concerned has always
considered himself a Filipino citizen, may justify the extension of the 3 yr
period.
 Co vs Electoral tribunal – Co was an elected congressman, his citizenship
was questioned. The SC said that it would be ridiculous to require him to
elect PH citizenship when, by naturalization of his father, he too had
become a Filipino citizen even while a minor.
 Mallare – recognized informal election of citizenship under special
circumstances (such as participation in electoral process in the believe that
one is a citizen of the PH)

Relation of the right of election given by the 1973 and 1987 cons and the right of election
under 1935 cons

 1935 – those whose mothers are citizens of the PH and upon reaching the
age of majority elect PH Ctzp. Same to 1973 also in 1987
 1973 – allowed the filipna who married an alien to retain her original
citizenship, and under sec 1, allows the child to follow the citizenship of
his Filipino mother. A child born under the 1973 cons of a Filipino mother
would not have to make the election in order to acquire Filipino citiznshp.
He is considered a Filipino citizen by birth. However, since the provision
is not retroactive, provisions had to be made for legitimate children born
by a Filipina mother under the 1935 cons, who by reason of minority had
not yet exercise the election when the 1973 cons took effect. The right of
election under the 1973 cons is in the nature of an transitory provision
whose usefulness will expire was all those to acquire the right to elect
under the 1935 cons have either elected or forfeited the right to elect. It is
of the same reason that the right to elect carried into the 1987, that it has
reference to those form before jan 17 1973.
 This transitory provision is no longer necessary as of now.

• Co v. HRET, GR 92191, July 30, 1991.

• Section 1 (4): Naturalization

 – Example is the Philippine Bill of 1902

• Section 2. Natural born citizens are those who are citizens of the Philippines 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 to be natural born citizens.

- A natural born citzen who loses his citizenship by renunciation or by any

other mode recognized by law and who subsequently re-acquire citizenship
would no longer be considered a natural born ctzn within whether the 1973 or
1987 cons

• Significance of the distinction between natural born citizen and naturalized citizens:

- The distinction is significant bec the cons has reserve certain constitutional
office for natural born ctzn.

• Section 3. Philippine citizenship may be lost or reacquired in the manner provided by

law.

- There are 2 laws in the citznp (read daw)

1. Commonwealth Act no 63
2. CA 473

• Aznar v. COMELEC and Osmena, 185 SCRA 703 (1990). Possession of an alien
registration certificate unaccompanied by a proof of performance of acts whereby PH
ctznp had been lost was not adequate proof of loss of ctzp.

• Mercado v. Manzano and COMELEC, GR No. 135083, May 26, 1999. Inorder that
ctzp maybe lost by renunciation such must be express. The mere application of or
possession of an alien of certificate of legislation does not amount to renunciation.
Renunciation- notarized document

• Reacquisition of citizenship:

- Either by naturalization or repatriation or by a direct grant by law

• Bengzon v. Cruz, GR No. 132244, September 14, 1999 – since repatriation is a

reacquisition of lost ctznsp and not an acquisition of new ctzsp, one who is
repatriated creates the level of his former ctzp if he was previously a natural born
Filipino ctzn. Upon repatriation he regains his natural ctzp. There are only 2 kinds of
citzp – natural born and naturalized. Since however one who is repatriated is not
naturalized he must be a natural born ctzn.
• Lee v. COMELEC and Frivaldo, GR No. 120295, June 28, 1996. – the effective date
of repatriation is the date of application not the date when it was approved.

• Section 4. 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.

- Filipina who marries an alien shall retain their ctzp. 1987 no distinction to
gender

• Section 5. Dual allegiance of citizens is inimical to the national interest and shall be
dealt with by law.

- Dual allegiance – swearing loyalty to another country. prohibited

- Dual Ctzp – allowed under the law