CONSTITUTIONAL LAW 1(2nd Part of Module 2)

Guide Questions: Aside from the standard guide in case analysis/digesting.

Citizenship

1) Why is it important for one to have a definite citizenship? (rights, obligations, protection)

2) Distinguish the concept of jus sanguinnes vs jus soli as rules in citizenship?

• Trace the various changes in the jus sanguiness rule under the 1935, 1973, and 1987
Constitutions? (lead: how the rule on parental source of citizenship changed over time)

• Did gender play a factor in the acquisition and loss of citizenship under the 1935, 1973, and
1987 Constitution? In what way? (lead: check the rule on the effect of marriage to one’s
citizenship)

3) Distinguish judicial acquisition of citizenship vs. administrative acquisition of citizenship?

• What laws or rules to apply to each? (read the specials laws referred in the Course Outline and
the cases)

4) When is one considered a natural born Filipino citizen?

• Does a person who is born in 1970 of a Filipino mother and alien father considered a Filipino
citizen?
• If no, how does/she become one?
• If he/she elects to choose Filipino citizenship after the effectivity of the 1973 or 1987
Constitution, is the person considered a natural born?

5) Why was Fernando Poe, Jr. considered a natural born Filipino citizen? What is the effect of his
being an illegitimate child to his acquisition of Filipino citizenship? (Tecson case)

• Who are considered Filipino citizens under the Philippine Bill of 1902?
• How was it relevant to the case of Fernando Poe, Jr.?

6. Who is a foundling? What is the citizenship of a foundling?

• In the case of Grace Poe (Llamansares), what were the issues raised against her claim of being a
natural born Filipino? What were the legal bases of the objections?
• How did the Supreme Court decide the case? Do you agree with it?
• What rules or principles helped her case?

7. Who are considered naturalized citizens?

• How does one become a naturalized Filipino citizen?

• What is a derivative citizenship? How does it apply to the children and spouse of an alien
becoming a naturalized Filipino?

8. How does one lose one’s citizenship?

• Is mere possession of a foreign passport determinant in one’s citizenship? (Aznar case)

9. How does one re-acquire his/her Filipino citizenship? (check special laws)
 10. Who are considered dual citizens? Can they run for public office?

• Why was Edu Manzano considered a dual citizen? (Mercado case)

• As a dual citizen, was he qualified to run for public office?
• What was the effect of his filing of a certificate of candidacy to his alien citizenship?

11. In the Jacot case, why was Mr. Nestor Jacot considered a dual citizen?

• How did he acquire dual citizenship as compared to Edu Manzano in the Mercado case (refer to
the Dual Citizenship law)?

• What is the legal significance of the difference on how each Mercado and Jacot acquired dual
citizenship insofar as its effect of their respective candidacies?

• Why was Mr. Jacot disqualified as a candidate? Is the mere filing of his certificate of candidacy
enough to renounce his alien citizenship?

12. What is the citizenship of Gabby Lopez? Was he qualified to own shares in ABS-CBN?