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 privilegesbut 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 fopreigner - a person of a state or country who is passingthrough another
state or country, although inaccept siya nung country na yun he is notgiven full rights and privileges as a
citizen.
○Like for example he cannot vote/cannot have the right of suffrage/he cannot holdpublic office but under
international law he is entitled to protection, which is thestate responsibility of the state where he is to
protect life and liberty because thatis universal rights.

How does one acquire citizenshipTwo 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 thelaw, is/are citizen of the
state then you will follow the citizen of your parents at thetime 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 thePhilippine 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 tawadun 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 ngkanyang mga rights. Hangga’t maaari ang trust ng International Law
eh mabigyan siya ngcitizenship 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 courtsays 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 naturalizedka sa State B and
State A does not require you to renounce your citizenship in State A andState B allows naturalization without
renouncing your citizenship. Both States recognized thatyou 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- doonsinabi na lahat ng tao na na
andito sa PH as of April 11, 1899 are Filipino citizenkahit 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 ngsportscaster.
D. Pres. Marcos - Letter of Instruction naming a group of US citizens but only for alimited 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 theJudicial 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 - RTCVenue - 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
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 youhave 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.
Note: Despite the complete presence of these, you must not possess any disqualifications.
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 4731.

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 generalcirculation in the province or city where you reside. Kailangan attach yung
proof nungpublication (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.

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 thatyou are actually fit to
become a Filipino citizen.
●After that period, magkakaroon ngsummary 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 theRTC
●Then court will issueCertificate 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 classFilipino 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, andmembers 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

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 authoritiesof 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 Philippinessince 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 statelesspersons

○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 fromwhich 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 Filipinocustoms, 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 naturalizationcomposed of the Sec of Foreign
Affairs and the National Security adviser

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 formalproof of renouncing.

■If you renounce, siguraduhin mo na may other state na magaccommodate sayo as their citizen otherwise you
become statelessperson
○Subscribing to an oath of allegiance to support the constitution or law of a foreigncountry 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

Another voluntary way of losing citizenship:·

 By accepting service to Armed Forces of a foreign country.
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
tinanggalanka ng citizenship. How?By denaturalization.You are a foreigner before, ginawa kang naturalized
Filipino citizen, tapostinanggalan ka ng naturalized citizenship. –DENATURALIZATION.

DENATURALIZATION-Only applies to naturalized Filipino citizen. (hindimo 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. (hindinakagraduate yung anak mo, minor, due to
your fault, well kung yunganak mo mismo yung tamad mag aral, it is not your fault. Pero pag faultmo kaya
hindi nakagraduate, baka i-revoke yung naturalization mo)
4.Allowed yourself to be a dummy. (Ginamit mo ang sarili mo sa isangdummy corporation)
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 intimes of war .-
There is war and you are called to defend the State. Ang ginawa moinstead 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 thePhilippines, 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 atreaty 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 notautomatically lose her Filipino
citizenship. Unless by her own act, she renounces Filipinocitizenship. (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.
●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 pinapadisqualifysya 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 aperson authorized to
administer the oath.
●If you lost your Filipino citizenship kasi nagpanaturalize ka sa ibang bansa, under RA9225, 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 renounceyour 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 RA 9225 THROUGH NATURALIZATION IN A FOREIGN COUNTRY BEFORE
RA9225 LOST FILIPINO CITIZENSHIP AFTER RA 9225 THROUGH NATURALIZATIONIN A FOREIGN COUNTRY
AFTER RA9225

If you are running for public office, 2 things you must do:
1. Oath of renunciation of your foreign citizenship
2. Oath of allegiance of Filipino citizenship before a person authorized to administer oath
If you are running for public office:
1. Renounce your foreign citizenship
2. Take oath of allegiance of Filipino citizenship if foreign country asked you to renounce it
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 beforeRA 9225, nag-acquire ka ng foreign
citizenship and now you want to reacquireit under RA 9225, pwede naman. In order to practice again your
profession, you must ask the permissionof the agency who is authorized to givelicense to your profession. So
kung doctor ka, punta ka sa PRC. Kung abogado kasa Supreme Court ka hihingi ngpermission to again engage
in thepractice of your profession.Kapag isang Pilipino who lost Philippinecitizenship by acquiring
foreigncitizenship, before RA 9225 and wants toreacquire under RA 9225, yung anak nyana minor children
becomes also a Filipinocitizen by DERIVATIVE CITIZENSHIP(under Section 4 of RA 9225).
-pero upon reading RA9225, Section 4 dapat This derivative citizenship applies only tominor 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 Philippinecitizenship 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 why you are filing a petition for judicial naturalization. Alam mo Pilipino ka eh pero hindi ka
sure. To have peace of mind, you applied for apetition for judicial declaration ofcitizenship.
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, hindidistinguished.
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 thePhilippines, the minor child is a Filipino by
derivative. Pagkanaman nagpanaturalize siya, meron siyang minor child not born in the Philippines but
permanently residing in thePhilippines 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 aFilipino under CA 473.
Instructions for Filipino Citizenship file: Habang nagdi-discuss, tignan yung table. Magissimulasa extreme right,
Filipino under the 1987 Constitution, pabalik to Filipino under 1973, Filipinounder 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 thisConstitution;
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 the1987
ConstitutionSection 1.2
●Born February 2, 1987 until present
●Father and mother are Filipino citizens under #2

Halimbawa, pinanganak ka noong January 16, 1973 of Filipino mother only and that isthe 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 kungpinanganak 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 youare 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 present1973 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 thisConstitution.
2. Those whose fathers and mothers are citizens of the Philippines.
3. Those who elect Philippine citizenship pursuant to the provisions of the Constitutionof 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 kungpinanganak ka of Filipino
father or mother before the 1987, doon ka sa #1 kasiFilipino ka na noon bago pa mag-1987 Constitution

Section 1.3
●Born under the 1935 Constitution which means from Novemeber 15, 1935 to Janaury16, 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 Filipinomother
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
bornunder 1935 Constitution of Filipino mother only but you elected Filipinocitizenship 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, 19871935 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 thisConstitution.2.Those born in the Philippine Islands of foreign parents who,
before the adoption of thisConstitution, 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 ofmajority, 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, 1935Section 1.2
 ●Conditions:○Born in the Philippines but parents were foreigners○Before 1935 Constitution, parents were
elected to public office although theywere foreigners kasi sa 1935 Constitution, may mga foreginer na nae-
elect sapublic 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 bornin 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. Kayathis is tailor-made for one person. Ngayon, dahil Pilipino si
Caram, yung mga anak niyaay 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, 1973NOTE: 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’telect 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 youare electing Filipino
citizenship. Like living (from birth), studying in thePhilippines, 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)
It cannot be interpreted by your positive acts, under the case of Limson vs. HRET. Kunyare nagelect 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’scitizenship.
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 mayginawa siya, nag elect. So tingin ni Father Bernas natural
born siya, kasi yung pag elect niyaretro-acts to his birth kasi wala pa siyang muwang nun. Although may
decision na ang SC nahindi sila natural born which Father Bernas says is unfair because even before the
1987constitution they were considered natural born. The 1987 constitution says that, thos who areborn 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 knowhis father. Pero, may balita na foreigner
yung tatay niya but was never confirmed kasi namataynanay niya during birth. Pinanganak siya under the 1935
constitution, he did not elect PHCitizenship at age 21 so someone questioned his citizenship. The SC said, pano
siyamakakapag elect ng PH Citizenship? Eh di naman niya kilala yung tatay niya. Ang kilala langnaman niya is
yung mother niya and illegitimate child siya ng tatay niya. He will follow his onlyknown parent without the
need of electing because he only knows his Filipino mother. Theelection 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 filipinona siya). These are the PH Citizen under the Philippine bill of
1902. Those inhabitants andresidents 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 areconsidered
as a Filipino citizen under the Philippine bill of 1902. Children of number 1 (yungcitizen 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 acitizen of the PH
under the PH Bill of 1902 (judicial naturalization). Children of prior. Foreignwomen married to filipino men are
PH citizen. Those declared by final judgment or res judicatato be a filipino citizen
EXAMPLE: FPJ GRACE POE CASESSi 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
nagelect ng PH Citizenship at the age of 21 so his citizenship was questioned. The SC held, therule that the
citizenship of the illegitimate child follows that of the mother is only applicable toillegitimate children who
does not know who their father is. For illegitimate children who knowwho their father is follows their father’s
citizenship. Grace Poe, the adopted child of FPJ. GracePoe was only seen inside the church thus she is a
foundling. Foundling are persons who werefound not knowing who their parents are. Grace Poe was legally
adopted but her citizenshipwas questioned as her parents are unknown thus, they argued that she is not a
natural bornFilipino Citizen. COMELEC points out that, foundlings are not mentioned as a citizen under
the1935, 1973 and 1987 constitution. Grace Poe admitted that she is a foundling therefore itcannot 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 bedemonstrated. Under the family code we
accept presumptions. Therefore the one to provide theproof is the one who alleges. Absence the proof then
the presumption stands. The fact thatGrace Poe admits she is a foundling does not destroy that presumption.
The factual issue iswhether her parents are Filipino. There is a high statistical probability that Grace Poe is
aFilipino as 90% of the people in Iloilo at the time were Filipino.03:08:00 - 03:33:00 - LycelleOn 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 theincorporation clause➔2 elements (BOTH must be present):
1. Objective element:Presence of ainternational customary law or it is generally-practiced- the practice must
be:a.widespread;b.established; andc. Consistent
2. Subjective element: belief by the people that that general practice is renderedobligatory 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, Reductionof Statelessness, etc. And since this is a generally accepted principle of international
law, weincorporate 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 CodeSec 118 (c)Sir: A competent authority would only say WON the person is
insane. But if the insane personisn’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 calledmembers of
the parliament since we have asemi-parliamentary andunicameral system of government during that time;
located in Quezon City along Commonwealth)Q: Can the Congress make disqualifications despite all the
qualifications provided in theConstitution?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
aconstitutional 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 shallbe 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 withoutreal properties?A:No. Literacy and/or ownership of property is not a requirement by the
Constitution for theexercise of suffrage. Additionally, the Section 1 of Article V of the 1987 Constitution
providesthat: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, amountof
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 requirementshall 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 imposessubstantial burden on the part of the people. Because even if they are drug
addicts, theCongress 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 - RegQ: 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 saconstitution, 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 registrationQ: 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, kaylanganba 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 beencaptured.
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 voter. In fact, we have been votingsince 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 policepower?
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 themeans
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, publicpolicy
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 andorderly 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 moyung mas
mataas na standard yan. Hindi lang reasonable connection test ang gagamitin. Youneed to use strict scrutiny
test.
A: Under the strict scrutiny test, hindi lang basta may reasonable connection yung means. Yungmeans 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, inorder to attain the legitimate state
interest which is to promote honest and orderly election, yungmeans used is to register. SC said, that is the
least restrictive means. Ano ba naman mahirapmagpaparehistro ka lang naman.