Day 3 Transcript:

00:13:00 - 00:38:00 - Cecile

00:38:00 - 01:03:00 - AJ
01:03:00 - 01:28:00 - Keisha
01:28:00 - 01:53:00 - April
01:53:00 - 02:18:00 - Dannah
02:18:00 - 02:43:00 - Shash
02:43:00 - 03:08:00 - Pauline
03:08:00 - 03:33:00 - Lycelle
03:33:00 - 03:55:14 - Reg

Deadline: Tuesday (03/15), 11:59 PM

* note: sa first part, kindly double check na lang po if may naputol na part. thankiiie~

00:13:00 - 00:38:00 - Cecile

Citizenship
● is membership in a political community which is more or less permanent in nature.
● Citizen is a member of democratic community who enjoys certain rights and privileges
but also duties and obligations.
● If the person is in a monarchy state - subject
● Democratic state - citizen.
● National - is a generic term, whether you are a subject or citizen.
● An alien or sometimes called a foreigner - a person of a state or country who is passing
through another state or country, although inaccept siya nung country na yun he is not
given full rights and privileges as a citizen.
○ Like for example he cannot vote/cannot have the right of suffrage/he cannot hold
public office but under international law he is entitled to protection, which is the
state responsibility of the state where he is to protect life and liberty because that
is universal rights.

How does one acquire citizenship

Two modes/ways:
1. Involuntary - kahit ayaw mo maging citizen nung bansa na yun wala ka magagawa,
involuntary method is by birth.
● Jus soli/loci - Kung saan ka pinanganak yun ang citizenship mo
● Jus sanguinis - sanguini means blood, your parents, one or both depending on the
law, is/are citizen of the state then you will follow the citizen of your parents at the
time of birth will be your citizen. In the PH, generally jus sanguini. Sa US is jus soli.

2. Voluntary - You chose to be the citizen of the State, done by naturalization. This is a
legal process where the State adopts a foreigner vesting him with the rights and
 privileges of a citizen. Legal process of formally adopting a foreigner into the political
body of the State, vesting him of rights and privileges/duties and obligations of a citizen.

Pinanganak sa US. The court cannot say he is an American or other citizen because the
Philippine court does not have jurisdiction to say who the citizens of another country are, that is
a violation of sovereignty. Maliban nalang if there is a proof na citizen siya ng other State.

Pinanganak sa PH, both parents are US citizens, so we cannot refer to her as a Filipino citizen
since both her parents are US citizens. She also cannot be regarded as a US citizen, ang tawa
dun stateless person.

Under international law, even a stateless person has rights because he is also a human being,
di nga lang full rights and privileges. In fact merong International Covenant on Statelessness.
International Law frowns upon Statelessness, kasi kawawa naman walang magpoprotect ng
kanyang mga rights. Hangga’t maaari ang trust ng International Law eh mabigyan siya ng
citizenship specially by the host country where he is residing.

X is stateless gusto niya tumakbo sa public office. Ang tanong Filipino citizen ba siya? The court
says that he is not a Filipino citizen.You cannot say that he is a US citizen, that is the problem of
the US. Ang concern lang ng PH court if he is a Filipino citizen or not.

Dual citizenship by naturalization - pinanganak kang citizen ng State A tapos nag pa naturalized
ka sa State B and State A does not require you to renounce your citizenship in State A and
State B allows naturalization without renouncing your citizenship. Both States recognized that
you are a citizen in their state, then you are a dual citizen.

Three ways to become a naturalized Filipino citizen

1. Legislative Naturalization - the Legislative body will pass a law, making a specified or
group of persons a Filipino citizen by law, by legislative act.
a. Philippine Bill of 1902 otherwise known as the Mass Naturalization Law- doon
sinabi na lahat ng tao na na andito sa PH as of April 11, 1899 are Filipino citizen
kahit sino pa magulang mo, san ka nanggaling etc.
b. R.A. No. 6392 - Father Moran naming a Jesuit priest as a Filipino citizen
c. Amendment No. 6 Pres. Marcos, nagpasa siya ng isang P.D. naming a particular
person, a Sri Lankan a Filipino citizen, Ronnie Nathanielsz, announcer ng
sportscaster.
d. Pres. Marcos - Letter of Instruction naming a group of US citizens but only for a
limited period of time - Mga Basketball player

2. Administrative Naturalization - ibig sabihin Executive Branch

3. Judicial Naturalization - normal way, ang batas natin sa Naturalization ay ang CA 63,
inamend na to ngayon ng CA 473 and RA 530, this is the Judicial Naturalization Law.
 Under the Judicial Naturalization Law, if a foreigner wants to become a Filipino citizen.
Magpapanaturalize siya sa Court, meron substantive and procedural requirement.

Jurisdiction - RTC
Venue - Province where he resides for 1 year prior to the filing of the Petition for
Naturalization.

Qualifications to become a naturalized citizen

1. Residence Req. - continuous residence for 10 years prior to the filling of the
naturalization

Exception: 5 yr residence requirement for the ff:

a. Held public office
b. If you establish a new industry or introduce useful inventions in PH
c. If you are married to a Filipino woman
d. Teacher or
e. Born in the PH

2. Age Qualification - you must be at least 21 years old at the time of the hearing of
the petition for naturalization. You must be 21 at the day of the hearing.
3. One must have good moral character - you must believe in the Constitution(not a
law breaker) and you must have conducted yourself in a proper and
irreproachable manner during your residency in the Philippines. You must not
have committed a crime involving moral turpitude.
4. You must own a Real estate or engage in a lucrative trade, profession or lawful
occupation - para di pabigat sa Pilipinas.
5. You must speak and write English or Spanish, and one Philippine Dialect. If you
have a minor child, you must enroll him in Philippine Schools
Note: these are all substantive qualifications when applying for naturalization and you must
provide proof of the said qualifications.

Note: Good Moral Character can be proved by presenting 2 witnesses to vouch for your
reputation and character. Testifications of these witnesses are not sufficient. So v. Republic

Note: Despite the complete presence of these, you must not possess any disqualifications.

00:38:00 - 01:03:00 - AJ

Substantive Disqualifications:
1. Anarchist - those who do not believe in the rule of law.
2. Terrorist
3. Polygamist or believers in polygamy(exception ang Muslim)
4. Those convicted of a crime involving moral turpitude. (Di kasali ang illegal possession of
firearms mga malum prohibitum pero di lahat)
 5. Mental Alienation or suffering with an incurable disease(dapat nakakahawa)
6. During your stay in the Philippines, you have not mingled with any Filipinos.
7. You are a subject of enemy nations in times of war.
8. Those citizens of other countries who do not grant Filipino citizenship to their countries
(principle of reciprocity)

Procedural Requirements under Commonwealth Act 473

1. One year before filing a petition for naturalization you must issue a declaration of
intention(it must be notarized.)
2. After one year, you file the petition to the RTC where you resided in the Philippines.
Attach all the evidence of all the qualifications and none of the disqualifications. Your
petition must be published in the official gazette and in the newspaper of general
circulation in the province or city where you reside. Kailangan attach yung proof nung
publication (jurisdictional requirement to)
3. Formal offering of evidence.
Note: hearing is supervised by OSG or prosecutor as a representative of the OSG.
4. Judgment will be rendered but not executory even if it is final.

01:03:00 - 01:28:00 - Keisha

JUDICIAL NATURALIZATION
Certificate of Naturalization: Bakit hindi pa executory kahit final?
● Kasi bibigyan ka ng 2-year probationary period during which you have to prove that
you are actually fit to become a Filipino citizen.
● After that period, magkakaroon ng summary hearing where you have to prove that
during the probationary period:
○ you did not leave the Philippines
○ that you devoted yourself to a local calling(di ka naging pabigat)
○ You have never been convicted or violated government rules or laws
○ You did not commit any act prejudicial to the national interest or inimical to a
government policy
● If judge is satisfied, you take oath of allegiance as a naturalized Filipino Citizen in the
RTC
● Then court will issue Certificate of Philippine Citizenship - Pilipino ka na
● You present the decision of the court and ipacancel mo yung Alien Certificate of
Registration (ACR) sa Bureau of Immigration and Deportation (BID)
● Then you become Filipino Citizen

Once you become a naturalized Filipino citizen, you should not be treated as a second class
Filipino citizen. You have the same rights and duties as a natural-born citizen except for those
mentioned in the Constitution which are reserved for natural-born citizens. These are:
 ● To run for public office in the position of President, VP, Senator, Representatives, and
members of SC, members of Constitutional Commission, Ombudsman

Rights of a Filipino citizen:

● To be protected by the state
● To respect your civil and political rights
● To vote (if qualified)
● To engage in certain businesses, trade, or profession
● Etc
Duties and Obligations:
● To owe allegiance to the state
● To defend the state whenever you are called to do so
● To follow the constitution and the laws and rules made by the duly constituted authorities
of the government
● To pay taxes

ADMINISTRATIVE NATURALIZATION
Combination of administrative and legislative processes, allowing an administrative office to
conduct the naturalization process
● RA 9139 (June 8 2001): Administrative Naturalization
○ Applies only to aliens born in the Philippines and have resided in the Philippines
since birth
○ Purpose is to make it easier for these people to become Filipino. This is our
compliance and contribution to International law which frowns upon stateless
persons
○ Substantive requirements:
■ Born in the Philippines
■ Resided in the Philippines since birth
■ At least 18 years of age
■ Believes in the principles of the Constitution
■ Must have received primary and secondary education in the Philippines
■ Must have known trade, lawful occupation, business, profession from
which he derives income enough to support himself and his family
■ Must read, write, and speak Filipino, or any local dialect
■ Must have mingled with Filipinos with sincere desire to embrace Filipino
customs, traditions, ideals
○ Disqualifications:
■ Those opposed to the government (aktibista)
■ Polygamists
■ Convicts of any crime
■ Suffering from mental illness or incurable disease
○ Procedural Requirements:
■ Application for naturalization with a special committee for naturalization
composed of the Sec of Foreign Affairs and the National Security adviser
 (administrative part ito. Yung legislative part yung requirements and
disqualifications)
■ They will process application after you pay processing fee of P40,000
■ Need to publish application in a newspaper once a week for 3
consecutive weeks
■ They will approve the application but you have to attach documents to
prove that you have the qualifications and none of the disqualifications
■ Pay naturalization fee of P100,000 to immigration
■ Go to BID to cancel your ACR for yourself, your wife, and minor children
(they don’t need to apply separately - derivative naturalization)
■ Then take oath of allegiance
■ Your certificate of naturalization may be revoked for the ff reasons:
● Establish foreign residence within 5 years from the grant of your
naturalization
● Forgery of citizenship certificate. During application, you forged
some documents

DERIVATIVE NATURALIZATION
● Derived citizenship because of some other person
● Applies to wife and minor children of male foreigner who was naturalized, or alien female
who married a Filipino male
● You go to BID to cancel ACR. You don’t have to prove that you have qualifications. You
only have to prove that you do not possess any of the disqualifications

LOSING CITIZENSHIP
Voluntary Renunciation
● Ikaw mismo ayaw mo na
● Expatriation
● Ways to lose it voluntarily:
○ Naturalization in a foreign country
○ Express renunciation of citizenship: direct and explicit meaning there is formal
proof of renouncing.
■ If you renounce, siguraduhin mo na may other state na mag
accommodate sayo as their citizen otherwise you become stateless
person
○ Subscribing to an oath of allegiance to support the constitution or law of a foreign
country upon reaching 21 years old (modified by 9225)
○ **sometimes, even if you voluntarily, directly and explicitly renounce your
citizenship, the state will still consider you as their citizen in order to defend the
state: DOCTRINE OF INDELIBLE ALLEGIANCE
■ Ex: if in times of war ayaw mo magserve kaya ka nag renounce pero
state will still consider you as citizen
01:28:00-01:53:00- April

Another voluntary way of losing citizenship:

· By accepting service to Armed Forces of a foreign country.

o Although there is an exception in this rule: Under instances and circumstances,
like our country has a treaty with the US Government that you can serve with
the US Government in the US Navy without losing your Filipino citizenship.
Unless there is a circumstance like a treaty or an international agreement.
Example:
A. VOLUNTARY WAY OF LOSING CITIZENSHIP
Nag enter tayo ng treaty sa US na you want to serve in the US Navy of
Japan

B. INVOLUNTARY WAY OF LOSING CITIZENSHIP

-Eto naman yung ayaw mo mawala yung citizenship mo pero tinanggalan
ka ng citizenship. How? By denaturalization.
You are a foreigner before, ginawa kang naturalized Filipino citizen, tapos
tinanggalan ka ng naturalized citizenship. –DENATURALIZATION.

DENATURALIZATION-Only applies to naturalized Filipino citizen. (hindi

mo pwede i-denaturalize yung natural born)
§ Kelan nangyayari that the person is denaturalized?
These are the instances:
1. If the certificate of naturalization is obtained
fraudulently/Naturalization is fraudulent.
2. If you leave the Philippines within 5 years and reside elsewhere.
(under R.A. 9139, 2 years lang)
3. If your children failed to graduate due to the parents fault. (hindi
nakagraduate yung anak mo, minor, due to your fault, well kung yung
anak mo mismo yung tamad mag aral, it is not your fault. Pero pag fault
mo kaya hindi nakagraduate, baka i-revoke yung naturalization mo)
4. Allowed yourself to be a dummy. (Ginamit mo ang sarili mo sa isang
dummy corporation)

B.1. One involuntary way of losing citizenship applies to naturalized and

natural born citizens (so kahit natural born ka, pwede ka tanggalan).
How? By being found by final judgment to be a deserter of war in
times of war.
-There is war and you are called to defend the State. Ang ginawa mo
instead of defending, you deserted the military or service. (TO BE A DESERTER
OF WAR, IT MUST BE IN TIMES OF WAR)
· If you lose your citizenship, you have a second chance. You can reacquire citizenship
o WAYS TO REACQUIRE CITIZENSHIP:
1. By naturalization
2. By direct act of congress
3. File a petition for naturalization with the RTC
4. By repatriation
Repatriation is a legal process of restoring a person of his original citizenship.

o If you are a natural born pero tinanggalan ka ng citizenship then you applied
for citizenship again and granted yung application mo, you are no longer
considered as natural born. You are now a naturalized citizen.
o By repatriation, if you are a natural born citizen and you lost your citizenship
and you were repatriated, you are deemed natural born citizen again. And if
you are a naturalized citizen before and you lost your naturalization, nagpa-
repatriate ka, naturalized ka ulit.
§ To become a repatriated citizen, there must be a law allowing it.
§ Commonwealth Act 63- naturalization law
o If you are a deserter of the Armed forces of the
Philippines, you may reacquire your citizenship by
repatriation,
o Those who served in allied forces during world war II, or
o You have served in the US armed forces by virtue of a
treaty and by virtue of that you lost Filipino citizenship,
you can reacquire it.
§ R.A. 965 (1953), RA 2630 (1960)

· Under the 1935 and 1976 Constitution, (medyo sexist pa noon. Always follow the male),
if you were a Filipino female married to a foreigner male, the female automatically loses
Filipino citizenship. But if a male marries a foreigner female, he does not lose Filipino
citizenship.

· Under the 1987 Constitution, a Filipino woman marrying a foreigner does not
automatically lose her Filipino citizenship. Unless by her own act, she renounces Filipino
citizenship. (this apply prospectively)
o RA 8171 Deadline: must be done before October 23, 1995

§ Allows Filipino women who are married to an alien male prior to

the 1987 constitution and lost Filipino citizenship by virtue of
that law, may reacquire it by repatriation.
§ The same with minor children before the 1987 constitution. If
your mother is a Filipino, your father is a foreigner, and if you
 are a minor child of your mother, you lose Filipino citizenship.
Because you always follow the male (father).
§ Those who lost Filipino citizenship for political or economic
reasons, including their minor children, may reacquire their
Filipino citizenship by repatriation.

· PD 725- allows natural born Filipino citizens, who lost Filipino citizenship, to reacquire it.
(only applies to natural born Filipino citizens)

· Commonwealth Act 63 (naturalization law)-If you will not qualify here, because you are not
a natural born Filipino citizen, but you were a former Filipino (naturalized) and you lost it but
want to reacquire it, pwede ka by naturalization ulit.

01:53:00 - 02:18:00 - Dannah

● 2 kinds of citizen:
○ Natural born
○ naturalized
● Repatriation- restored to your original citizenship
● Case of Edu Manzano
○ tumakbo as vice mayor ng Makati kaya lang yung kalaban nya pinapadisqualify
sya kasi dual citizen sya and under Sec. 40 of the Local Government Code, one
of the disqualifications is dual citizenship.
○ Ruling: Qualified si Edu kasi Pilipino sya. Bakit? Parents nya Pilipino eh. Pero US
citizen din sya and one of the disqualifications is a dual citizen. Sabi ng Supreme
Court, dual allegiance is inimical to national interest and shall be dealt with by
law. Hindi naman daw nilagay don dual citizenship, ang nakalagay don dual
allegiance. We allow dual citizens not dual allegiance. The dual citizenship
referred to in the Local Government Code means dual allegiance kasi hindi
naman sinasabi ng Constitution na dual citizenship is inimical to national interest.
○ The SC added na nung nilagay daw ni Edu Manzano sa certificate of candidacy
na “Filipino” ang citizenship, so nung nilagay nya na Pilipino, meaning
nirerenounce nya na yung US citizenship.
○ However, all this happened BEFORE RA 9225.
● Ano yung RA 9225? Citizenship Retention and Re-acquisition Act of 2003
● Ang RA 9225 took effect on September 17, 2003. Kung before RA 9225, Pilipino ka
but you lost your Filipino citizenship, you can reacquire under RA 9225.
● How do you reacquire? By taking an oath of allegiance of Filipino citizenship before a
person authorized to administer the oath.
● If you lost your Filipino citizenship kasi nagpanaturalize ka sa ibang bansa, under RA
9225, you are not required to renounce your foreign citizenship. As long as you take
your oath of allegiance of Filipino citizenship, you are a Filipino which means kung hindi
pinaparenounce ang Filipino citizenship mo, dual citizen ka and the Philippine laws now
recognize dual citizenship.
● Kung halimbawa naman may RA 9225 na and then nagpa-naturalize ka sa US at pina-
renounce sayo sa US ang Filipino citizenship mo so as far as the US government is
concerned, you are no longer a Filipino citizen, but a US citizen pero under RA 9225
kahit pina-renounce sayo yung Filipino citizenship mo, you retain your Filipino
citizenship. As far as Philippine law is concerned, even if you renounced it, you are still
considered a Filipino citizen provided you take an oath of allegiance of Filipino
citizenship that you are retaining it.
● Kunyari dual citizen ka by birth, ano ang dapat mong gawin para maging Filipino citizen?
- WALA. You are a Filipino because you are born Filipino. You don’t have to renounce
your foreign citizenship.
● Kung tatakbo ka sa public office, under local government code, dual citizenship is a
disqualification. So kunyari pinanganak ka Pilipino at US citizen, gusto mo tumakbo sa
position. Anong dapat mong gawin dahil bawal and dual citizen?--You renounce your US
citizenship. Do you have to take an oath of allegiance of Filipino citizenship? – NO, you
were born Filipino. Pero kung hindi ka naman tatakbo, hindi mo naman kailangang
magrenounce ng foreign citizenship because we now allow dual citizenship.
● Different is the case for a dual citizen by naturalization. Here we have to make a
distinction before RA 9225 and after RA 9225.
●
LOST FILIPINO CITIZENSHIP BEFORE LOST FILIPINO CITIZENSHIP AFTER
RA 9225 THROUGH NATURALIZATION RA 9225 THROUGH NATURALIZATION
IN A FOREIGN COUNTRY BEFORE RA IN A FOREIGN COUNTRY AFTER RA
9225 9225

If you are running for public office, 2 If you are running for public office:
things you must do:

1. Oath of renunciation of your 1. Renounce your foreign citizenship

foreign citizenship 2. Take oath of allegiance of Filipino
2. Oath of allegiance of Filipino citizenship if foreign country asked
citizenship before a person you to renounce it
authorized to administer oath

If you are a Filipino and you are

exercising a profession and yung
profession mo requires a license like
doctor, engineer, architect, abogado. Now
you lost your Filipino citizenship before
RA 9225, nag-acquire ka ng foreign
citizenship and now you want to reacquire
it under RA 9225, pwede naman.

In order to practice again your

profession, you must ask the permission
of the agency who is authorized to give
license to your profession. So kung doctor
 ka, punta ka sa PRC. Kung abogado ka
sa Supreme Court ka hihingi ng
permission to again engage in the
practice of your profession.

Kapag isang Pilipino who lost Philippine

citizenship by acquiring foreign
citizenship, before RA 9225 and wants to
reacquire under RA 9225, yung anak nya
na minor children becomes also a Filipino
citizen by DERIVATIVE CITIZENSHIP
(under Section 4 of RA 9225). -Section 5
ang sabi ni Sir pero upon reading RA
9225, Section 4 dapat

This derivative citizenship applies only to

minor children.

● The act of filing your certificate of candidacy and indicating Filipino as citizenship is
already an oath of allegiance as it is made under oath.
● SEC. 4. Derivative Citizenship. — The unmarried child, whether legitimate, illegitimate or
adopted, below eighteen (18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed citizens of the Philippines.
● Ano ang pagkakaiba ng petition for judicial naturalization and petition for judicial
declaration of citizenship?
●
Petition for Judicial Naturalization Petition for Judicial Declaration of
Citizenship

You know you are not a Filipino that is Alam mo Pilipino ka eh pero hindi ka sure.
why you are filing a petition for judicial To have peace of mind, you applied for a
naturalization. petition for judicial declaration of
citizenship.

02:18:00 - 02:43:00 - Shash

Answer to queries
Commonwealth Act 473 does not make any distinction so pwedeng legitimate, illegitimate,
adopted minor children.
Sa RA 9225, sinabi yun. Legitimate, illegitimate and adopted children. Sa naturalization, hindi
distinguished. When the law does not make any distinction, there should be no distinction.
Under CA 473, pagka yung magulang na nagpa-Naturalize, nagkaanak siya nung Filipino siya,
syempre yung anak niya ay Filipino kasi Filipino na siya. Not only that, yung anak niya, natural-
born.
Pagkanaman yung nagpa-naturalize siya, meron siyang minor child (living) born in the
Philippines, the minor child is a Filipino by derivative (2:20:00). Pagkanaman nagpanaturalize
siya, meron siyang minor child not born in the Philippines but permanently residing in the
Philippines hanggang maging majority na siya, deemed Filipino citizen by derivative (2:21:09).
Pagkanaman may anak siya na hindi na minor at the time of the naturalization of the parent,
yung anak na hindi na minor within one year from the grant of the naturalization of the parent
must express himself if he wants to be a Filipino citizen otherwise, he does not become a
Filipino under CA 473.

Instructions for Filipino Citizenship file: Habang nagdi-discuss, tignan yung table. Magissimula
sa extreme right, Filipino under the 1987 Constitution, pabalik to Filipino under 1973, Filipino
under 1935, and Filipino before 1935.

WHO ARE CITIZENS OF THE PHILPPINES?

1987 CONSTITUTION (Article IV, Section I)

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 accordance with law.

Section 1.1
● Already a Filipino citizen before February 2, 1987 which is the time of the adoption of the
1987 Constitution

Section 1.2
● Born February 2, 1987 until present
● Father and mother are Filipino citizens under #2

Difference between #1 and #2 of Article IV, Section 1 (1987 Constitution)

#1 - Already a Filipino citizen #2 - born UNDER the 1987

BEFORE the 1987 Constitution Constitution

Section 1.3
 ● Halimbawa, pinanganak ka noong January 16, 1973 of Filipino mother only and that is
the last day of the 1935 Constitution. So pinanganak ka under the 1935 Constitution of
Filipino mother. Maghintay ka maging 21 to elect Filipino citizenship. So kung
pinanganak ka on January 16, 1973 + 21 = 1994 and you are given 3 years to elect
within reasonable time. By Janaury 16, 1997, lahat ng pinanganak of Filipino mother
under 1935 Constitution, must have already elected Filipino citizenship, otherwise you
are not a Filipino citizen. Halimbawa, nag-elect ka ngayon ng Filipino citizenship.
Pinanganak ka under the 1935 Constitution of Filipino mother only pero pinanganak ka
under the 1987 Constitution, magfo-fall ka doon sa #3 ng 1987 Constitution.

Section 1.4
● Naturalized between February 2, 1987 up to present

1973 CONSTITUTION (Article III, Section 1)

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 and mothers are citizens of the Philippines.
3. Those who elect Philippine citizenship pursuant to the provisions of the Constitution
of nineteen hundred and thirty-five.
4. Those who are naturalized in accordance with law.

Section 1.1

● Already a Filipino citizen before 1973 Constitution

● Before January 17, 1973 (date of effectivity of the 1973 Constitution)
● This refers to citizens of the Philippines under 1935 Constitution.

Section 1.2

● Born between January 17, 1973 and February 1, 1987 (last day of 1973 Constitution)
of Filipino father and mother
● Hindi porke’t tatay o nanay mo ay Filipino you will fall under #2 of 1987 dahil kung
pinanganak ka of Filipino father or mother before the 1987, doon ka sa #1 kasi
Filipino ka na noon bago pa mag-1987 Constitution

Difference between #2 (1973) and #2 (1987)

1973 - Born of Filipino parents #2 - born of Filipino parents UNDER

BEFORE 1987 Constitution the 1987 Constitution
Section 1.3

● Born under the 1935 Constitution which means from Novemeber 15, 1935 to Janaury
16, 1973 of Filipino mother ONLY
● Sample case facts:
○ Born on 1960
○ Became 21 on 1981
○ Mother is a Filipino, father is not (born under the 1935 Constitution of Filipino
mother ONLY)
○ Should elect Filipino citizenship on 1981 (21 years old, age of majority)
○ You are given a reasonable time within which you can elect Filipino citizenship
(no exact number or exact time)
● Ruling of SC:
○ Longest reasonable time given by the SC is 3 years.
○ Once you are given 3 years of reasonable time, then: 1981 + 3 = 1984.
○ At that time (1984), the 1973 Constitution is already existing. You were born
under 1935 Constitution of Filipino mother only but you elected Filipino
citizenship under the 1973 Constitution.
○ You will fall under #3 of the 1973 Constitution

Section 1.4

● Naturalized Filipino between January 17, 1973 and February 1, 1987

1935 CONSTITUTION (Article IV, Section 1)

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.
2. Those born in the Philippine Islands of foreign parents who, before the adoption of this
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.

Section 1.1

● November 15, 1935 - adoption of 1935 Constitution, inauguration of Philippine

Commonwealth
● Filipino citizen before November 13, 1935

Section 1.2
 ● Conditions:
○ Born in the Philippines but parents were foreigners
○ Before 1935 Constitution, parents were elected to public office although they
were foreigners kasi sa 1935 Constitution, may mga foreginer na nae-elect sa
public office sa Philippines. Therefore, yung anak niya na pinanganak dito,
Filipino citizen
● Not jus sanguinis because the parent is not a Filipino. It is jus soli because child is born
in the Philippines.
● (Story time) Kaya medyo magulo ang section na ‘to, this was tailor-made for one person:
Caram. He was a delegate in the 1934 Constitutional Convention na gumawa ng 1935
Constitution. Nilagay dyan Citizenship. Eh ang parents niya ay di naman Pilipino so di
siya kasali maging Pilipino. Ang weird kasi kasama siyang gumagawa ng Constitution, di
ba? Sabi niya, agrabyado ako rito ah. Ako gumawa ng Constitution pero di ako kasali.
Para masali siya, nilagay niya, “those born in the Philippine Islands siya pinanganak”
pero hindi lahat ng pinanganak. Kailangan, parents niya, foreigner. At kailangan, yung
parents niya, na-elect sa public office before the 1935 Constitution. Siya lang yun. Kaya
this is tailor-made for one person. Ngayon, dahil Pilipino si Caram, yung mga anak niya
ay Pilipino na rin kasi yung father nila, Pilipino under the 1935 Constitution. Magfo-fall
yun sa #3.

Section 1.3

● Father is a Filipino under 1935 Constitution

● Born between November 15, 1935 and January 16, 1973

NOTE: Noong 1935 Constitution, sexist. Automatic lang na Pilipino ang anak pag ang father
niya ay Pilipino pero pag mother, hindi automatic. Follow the male eh.

Section 1.4

● Sample case facts:

○ You were born between November 15, 1935 to January 16, 1973
○ Your father is a foreigner, your mother is Filipino.
○ Filipino citizenship is not automatic. You should wait for age of majority.
○ Age of majority (from then till today) is 21 years old
○ Pagdating mo roon at may isip ka na, you elect Filipino citizenship. If you don’t
elect your citizenship, then you are not considered a Filipino citizen.
● If you elected Filipino citizenship at the age of 21, then you are a Filipino citizen under
#4 of the 1935 Constitution

Section 1.5

● Naturalized between November 15, 1935 to January 16, 1973

● NOTE: Hindi porke’t nagpa-naturalize ka, you will fall under #4 of the 1987 Constitution,
depende kung kailan ka nagpa-naturalize. Yan minsan ang maling turo ng ibang
professor. Akala nila, pag nagpa-naturalize ka, doon ka kaagad sa #4. And by the way,
 etong mga enumeration na ‘to, walang kinalaman whether you are natural-born or
naturalized. Ang sinasabi lang dito ay who are citizens of the Philippines.Kasi meron
ditong naturalized, natural-born.

How to elect Filipino citizenship?

● Under the 1935 Constitution

○ There is no formal election. By your positive acts, it can be interpreted that you
are electing Filipino citizenship. Like living (from birth), studying in the
Philippines, voting during election, exercise of rights as Filipino citizen.
○ By your positive acts, you are electing Filipino citizenship.

● Under the 1973 Constitution

○ Notarized formal declaration under oath is required.
○ Without the formal declaration of electing Filipino citizenship by the age of 21,
you are not a Filipino citizen
○ It cannot be interpreted by your positive acts (Bengzon v. House of
Representatives Electoral Tribunal)

WHO ARE CITIZENS OF THE PHILIPPINES?

(TIME TABLE)

1935 Constitution 1973 Constitution 1987 Constitution

#1 #1 #1
- Filipino citizen before - Filipino even before January - Filipino even before
November 13, 1935 17, 1973 February 2, 1987
- #1, 2, 3, 4, 5 of 1935 - #1,2, 4 of 1973 Constitution
Constitution - #1, 2, 3, 4. 5 of 1935
Constitution

#2 #2 #2
- born in PH but parents are - born January 17, 1973 and - born February 2, 1987
foreigners February 1, 1987 of Filipino onwards of Filipino father and
father and mother mother
- foreign parents were elected
in public office even before
the 1935 Constitution

#3 #3 #3
- Born between November - #4 of the 1935 Constitution - #4 of the 1935 Constitution
15, 1935 and January 16, and elected Filipino and elected Filipino
1973 of Filipino FATHER citizenship upon reaching the citizenship upon reaching the
age of majority DURING age of majority DURING
1973 Constitution 1987 Constitution

NOTE FOR #3 OF 1973 and 1987: Should be born under #4

 of 1935, then it will depend as to WHEN YOU ELECTED
FILIPINO CITIZENSHIP

#4 #4 #4
- MOTHER is a Filipino - naturalized from January - naturalized from February 2,
citizen AND elected Filipino 17. 1973 to February 1, 1987 1987 to present
citizenship upon reaching the
age of majority

#5
- Naturalized between
November 15, 1935 to
January 16, 1973

02:43:00 - 03:08:00 - Pauline

(KWENTO NI SIR, MAY SUMMARY SA TABLE SA BABA)

It cannot be interpreted by your positive acts, under the case of Limson vs. HRET.Kunyare nag
elect ka ng PH citizenship at the age of 21 kasi mother mo Filipino. Nung minor ka pa ano
citizenship mo? Well you are presumed to be a Filipino citizen as you follow the mother’s
citizenship. You elect Filipino Citizenship at 21. Ano ka ngayon, natural born or naturalized?
Walang sinasabi ang 1935 and 1973 constitution. Merong sinasabi pag nag elect ka ng PH
citizenship you are natural born. Kasi ang definition ng natural born, those who are born of
filipino citizenship without having to perform any act to perfect his citizenship. Eh dito may
ginawa siya, nag elect. So tingin ni Father Bernas natural born siya, kasi yung pag elect niya
retro-acts to his birth kasi wala pa siyang muwang nun. Although may decision na ang SC na
hindi sila natural born which Father Bernas says is unfair because even before the 1987
constitution they were considered natural born. The 1987 constitution says that, thos who are
born of Filipino mothers and have elected Filipino Citizenship under the 1935 constitution are
deemed natural born PH Citizens. Meron pinanganak of Filipino mother, but he does not know
his father. Pero, may balita na foreigner yung tatay niya but was never confirmed kasi namatay
nanay niya during birth. Pinanganak siya under the 1935 constitution, he did not elect PH
Citizenship at age 21 so someone questioned his citizenship. The SC said, pano siya
makakapag elect ng PH Citizenship? Eh di naman niya kilala yung tatay niya. Ang kilala lang
naman niya is yung mother niya and illegitimate child siya ng tatay niya. He will follow his only
known parent without the need of electing because he only knows his Filipino mother. The
election of Filipino citizenship is only applicable to legitimate children. Those who are citizen of
the Philippines at the time of the adoption of this constitution (before November 15, 1935 filipino
na siya). These are the PH Citizen under the Philippine bill of 1902. Those inhabitants and
residents of the PH Islands who are considered as Spanish subjects as of April 11, 1899
(effectivity of the treaty of paris) and you never left the Philippines within 3 years then you are
considered as a Filipino citizen under the Philippine bill of 1902. Children of number 1 (yung
citizen under PH Bill 1902). Yung mga naturalized before the 1935 constitution under the
commonwealth act 63. So kugn na naturalized ka before 1935 constitution then you are a
citizen of the PH under the PH Bill of 1902 (judicial naturalization). Children of prior. Foreign
women married to filipino men are PH citizen. Those declared by final judgment or res judicata
to be a filipino citizen

Organic Act- 1935 (Nov 15, 1935) 1973 (Jan 17, 1973) 1987 (Feb 2, 1987)
Philippine Bill of
1902

1 Those who are Those who are citizens of the Those who are Those who are citizens of the
residents or Philippine Islands at the time citizens of the Philippines at the time of the
inhabitants of the of the adoption of this Philippines at the adoption of this Constitution
Philippine Islands Constitution. time of the adoption
who are subjects of of this Constitution.
Spain as of Apr 11
1899.

2 The children of Those born in the Philippine Those whose fathers Those whose fathers or
Number 1 Islands of foreign parents or mothers are mothers are citizens of the
who, before the adoption of citizens of the Philippines;
this Constitution, had been Philippines.
elected to public office in the
Philippine Islands.

3 Foreign women Those whose fathers are Those who elect Those born before January
married to Filipinos. Philippine citizenship 17, 1973, of Filipino mothers,
citizens of the Philippines. pursuant to the who elect Philippine
provisions of the citizenship upon reaching the
Constitution of age of majority
nineteen hundred
and thirty-five.

4 The children of Those whose mothers are Those who are Those who are naturalized in
number 3 citizens of the Philippines naturalized in accordance with law
and, upon reaching the age accordance with law.
of majority, elect Philippine
citizenship.

5 Those who are Those who are naturalized in

naturalized in accord accordance with law.
with law
 6 Filipino by Res
Judicata

EXAMPLE: FPJ GRACE POE CASES

Si FPJ, ang tatay niya filipino and nanay niya americano. Pinanganak siya under the 1935
constitution. Kaya lang yung parents niya di kasal, so illegitimate child si FPJ. Hindi siya nag
elect ng PH Citizenship at the age of 21 so his citizenship was questioned. The SC held, the
rule that the citizenship of the illegitimate child follows that of the mother is only applicable to
illegitimate children who does not know who their father is. For illegitimate children who know
who their father is follows their father’s citizenship. Grace Poe, the adopted child of FPJ. Grace
Poe was only seen inside the church thus she is a foundling. Foundling are persons who were
found not knowing who their parents are. Grace Poe was legally adopted but her citizenship
was questioned as her parents are unknown thus, they argued that she is not a natural born
Filipino Citizen. COMELEC points out that, foundlings are not mentioned as a citizen under the
1935, 1973 and 1987 constitution. Grace Poe admitted that she is a foundling therefore it
cannot determine her blood relation with her parents. Her citizenship cannot be demonstrated,
therefore Grace Poe has the burden of proof. The SC held that, her blood relationship can be
demonstrated. Under the family code we accept presumptions. Therefore the one to provide the
proof is the one who alleges. Absence the proof then the presumption stands. The fact that
Grace Poe admits she is a foundling does not destroy that presumption. The factual issue is
whether her parents are Filipino. There is a high statistical probability that Grace Poe is a
Filipino as 90% of the people in Iloilo at the time were Filipino.

03:08:00 - 03:33:00 - Lycelle

On the discussion of the Citizenship issue in the case of Grace Poe – Llamanzares vs.
COMELEC
* We don’t need a treaty to accept a generally accepted principle of international law.
➔ We adopt these as part of our laws under the incorporation clause
➔ 2 elements (BOTH must be present):
1. Objective element: Presence of a international customary law or it is generally-
practiced
- the practice must be:
a. widespread;
b. established; and
c. consistent
2. Subjective element: belief by the people that that general practice is rendered
obligatory by the existence of a rule of law (opinio juris sive necessitatis)

Now, is this a generally accepted principle of international law? Yes. Ang daming international
conventions oh - UDHR, ICCPR, ICPSCR, Elimination of International Discrimination, Reduction
of Statelessness, etc. And since this is a generally accepted principle of international law, we
incorporate it as part of our law under Article 2, Section 2 aka the Incorporation Clause which
states that: “we adopt the generally accepted principle of international law as part of the law of
the land”.

Q: May the insane vote?

A: Yes.
Q: Who disqualifies them?
A: The legislative department (Congress), through the BP 881: The Omnibus Election Code
Sec 118 (c)

Sir: A competent authority would only say WON the person is insane. But if the insane person
isn’t being disqualified by the law, the latter can still vote.

Q: What does B.P. stand for?

A: Batas Pambansa
Q: Who is the legislative body that made the Batas Pambansa?
(Not Marcos unless it will be Presidential Decree (P.D.))
A: Batasang Pambansa (legislative department during Marcos’ era; its members were called
members of the parliament since we have a semi-parliamentary and unicameral system of
government during that time; located in Quezon City along Commonwealth)

Q: Can the Congress make disqualifications despite all the qualifications provided in the
Constitution?
A: Yes, there can also be disqualifications for voters to be added by the Congress.
Q: But isn’t suffrage a right of the people?
A: Yes, however, it is not an inherent right, but a constitutional right.
Q: Can the Congress change the Constitution?
A: Yes. (Constituent Assembly)

Q: Those convicted of treason, can they vote?

A: No. It is considered as a disqualification under B.P. 881. However, such disqualification shall
be lifted after their full civil and political rights have been restored, 5 years after their service of
sentence, or earlier if they were otherwise pardoned and amnestied by the President.

Q: What about those convicted by final judgment or an offense punishable more than 1 year of
imprisonment, can they vote?
A: No, unless they were pardoned or granted amnesty by the President or after 5 years of their
service of sentence, whichever is earlier.

Q: Can Congress disqualify those who were unable to reach high school and/or those without
real properties?
A: No. Literacy and/or ownership of property is not a requirement by the Constitution for the
exercise of suffrage. Additionally, the Section 1 of Article V of the 1987 Constitution provides
that: No literacy, property, or other substantive requirement shall be imposed on the exercise of
suffrage.

Q: So, if it is a substantive requirement (eg. gender, age, literacy, property ownership, amount
of income (income is at the minimum wage or below), etc), can the Congress disqualify?
A: No.

Q: Can Congress disqualify drug addicts from voting?

A: No, since it will violate the Constitutional requirement that no other substantive requirement
shall be imposed.
Q: And that is a substantial requirement?
A: It is a substantial requirement because it limits a person’s right to vote, and it imposes
substantial burden on the part of the people. Because even if they are drug addicts, the
Congress may not impose limits on the exercise of their right to vote.
Q: Is the usage of dangerous drugs punishable by the Dangerous Drugs Act?
A: Yes. Refer to Section 15 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.

03:33:00 - 03:55:14 - Reg

Q: What about being convicted by final judgment by a crime of more than 1 year imprisonment.
Is that a substantive requirement?
Q: then why did the legislative disqualify those people if it is violation of constitution?
Q: yung bang dinisqualify ang mga convicted, is that not a substantial requirement? Kasi sa
constitution, sabi mo, bawal magprovide ng substantial requirement as a form of disqualification.
Yung conviction by final judgement, hindi ba yan substantial requirement?
Q: Yung conviction by treason not a substantial requirement?
Q: Insanity, hindi substantial requirement?
Q: pero drug addiction, substantial requirement?
Q: Can Congress disqualify drug addicts from voting?

Q: Kung nakarehistro ka sa mandaluyong, pwede ka pa rin magparehistro sa Pasig?

A: No. bawal double registration
Q: need ipacancel muna yung isa.
Now, nung nagparehistro ka, kinuhaan ka babiometrics? What is biometrics?
A: the act of obtaining the information that would specify the identity of the voter
Q: Kinunan ka ba picture? Signature? Fingerprint? Digital ba pagkuha sayo?
Q: kasi paano ka makakaboto, automated ang pagboto. Digital yun.
Q: yang biometrics law: DAti wala kasi wala pang naimbento ng machine. Pero katulad namin
na matagal na bumoboto. Nakarehistro na kami dati pa. Now na Dahil naging digital, kaylangan
ba namin magparehistro ulit?
A: No
Q: Paano kami makakaboto, hindi naman digital pagrehistro namin?
Kaylangan ba parehistro ulit so that our biometrics will be captured?
A: Validation
Q: what is the legal definition of validation under the biometrics act?
A: the process of taking biometrics of registered voters whose biometrics had not yet been
captured.
Q: Kung hindi kami magpavalidate, makakaboto ba kami?
A: No.
Q: So kaming maka nakaregister, meron kaming chance madisfranchise and disqualify.
Samanatalang we possess all the qualifications to be a v oter. In fact, we have been voting
since time immemorial Pero pag hindi kami nagpavalidate, hindi na kami makakaboto. Hindi ba
violation yun ng right of suffrage?

Q: For the sake of argument, it is regulating my right to vote. What power of the state is being
exercised?
A: Police power
Q: What is police power?
A: Inherent power of the state to regulate the rights of persons in the interest of general welfare
Q: What is constitutional requirement before the state can deprive a person’s right using police
power?
A: Art 3 sec 1: there must be due process
Q: and who must observe due process?
A: The State
Q: how do you test if the state meets the standard of due process?
A: Reasonable test- is there a reasonable connection between the purpose of the law and the
means employed?
Q: The purpose of the law must be valid. Ano yung mga valid purposes of the law?in order to
justify deprivation of right. What are legitimate state interest?
A: it will promote public welfare, public health, morals, safety and all of those in art 2, public
policy
Q: Can requiring registration and validation, what legitimate state interest is being promoted?
A: An honest, orderly, peaceful election. So that is a lawful purpose, a legitimate state interest
Q: what is the means employed by the state in order to achieve that in this particular case?
A: means employed is that they are required to register or validate
Q: may connection ba yung means employed sa purpose of the law, to promote honest and
orderly election?
A: YES
Q: Reasonable ba naman yung connection?
A: Yes.
A right to vote is not merely a property right. Mas mataas na right yan. At kung gagamitin mo
yung mas mataas na standard yan. Hindi lang reasonable connection test ang gagamitin. You
need to use strict scrutiny test.
A: Under the strict scrutiny test, hindi lang basta may reasonable connection yung means. Yung
means dapat necessarily related. Hindi lang basta state interest, dapat compelling state interest.
And under the strict scrutiny test, the means used must be the least restrictive means. Dito, in
order to attain the legitimate state interest which is to promote honest and orderly election, yung
means used is to register. SC said, that is the least restrictive means. Ano ba naman mahirap
magpaparehistro ka lang naman.