PART ONE: POLITICAL LAW | ITHE CITIZEN IN RELATION TO THE STATE | 1.
Citizenship
A. Who are Filipinos
1. Those who are Filipino citizens at the time of the
adoption of the 1987 Constitution:
a. Those who are citizens under the Treaty of
Paris;
b. Those declared citizens by judicial declaration
applying the jus soli principle, before Tio Tam v.
Republic, G.R. No. L-9602, April 25, 1957.
c. Those who are naturalized in accordance with
law (Act 2927, The Naturalization Law, March 26,
1920)
SECTION 1. Who may become Philippine
citizens.- Philippine citizenship may be acquired
by: (a) natives of the Philippines who are not
citizens thereof under the Jones Law; (b) natives
of the other Insular possessions of the United
States; (c) citizens of the United States, or
foreigners who under the laws of the United
States may become citizens of said country if
residing therein.
d. Those who are citizens under the 1935
Constitution.
e. Those who are citizens under the 1973
Constitution.
2. Those whose fathers or mothers are Filipino citizens
3. Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
NOTE: Time to elect: within 3 years from reaching the age
of majority.
4. Those naturalized in accordance with law. (Sec. 1, Art.
IV, 1987 Constitution)
Citizenship of a Filipino woman who married a foreigner
under the 1935, 1973, 1987
Constitution Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or omission
they are deemed, under the law, to have renounced it.
(Sec. 4, Art. IV, 1987 Constitution) (2014 Bar)
A female citizen of the Philippines who marries an alien
shall retain her Philippine citizenship, unless by her act or
omission she is deemed, under the law, to have renounced
her citizenship (1973 Constitution).
Philippine citizenship may be lost or reacquired in the
manner provided by law (1935 Constitution).
In the case of a woman, upon her marriage to a foreigner if,
by virtue of the laws in force in her husband's country, she
acquires his nationality (Commonwealth Act 63 Sec 1(7)).
NOTE: Jus sanguinis and naturalization are the modes
followed in the Philippines.
B. Modes of Acquiring Citizenship
1. By birth
a. Jus sanguinis – acquisition of citizenship on
the basis of blood relationship. (2015 Bar)
b. Jus soli – acquisition of citizenship on the
basis of the place of birth.
2. By naturalization – the legal act of adopting an alien and
clothing him with the privilege of a native-born citizen.
3. By marriage - A foreign woman marries a Filipino
husband, provided, she possesses all qualifications and
none of the disqualifications for naturalization. (2009 Bar)
C. Loss and Re-Acquisition of Philippine Citizenship
Loss of Philippine citizenship
1. Naturalization in a foreign country; or (1992, 2004 Bar)
2. Express renunciation of citizenship (expatriation); or
NOTE: The mere application or possession of an alien
certificate of registration does not amount to renunciation.
(Mercado v. Manzano, G.R. No. 135083, May 26, 1999)
3. Subscribing to an oath of allegiance to the constitution or
laws of a foreign country upon attaining 21 years of age; or
NOTE: Citizens may not divest citizenship when the
Philippines is at war.
4. Rendering service to or accepting commission in the
armed forces of a foreign country; or
NOTE: It shall not divest a Filipino of his citizenship if:
a. the Philippines has a defensive and/or offensive pact of
alliance with the said foreign country;
b. the said foreign country maintains armed forces in the
Philippine territory with its consent provided that at the time
of rendering said service, or acceptance of said
commission, and taking the oath of allegiance incident
thereto, states that he does so only in connection with its
service to said foreign country.
5. Cancellation of certificate of naturalization
(Denaturalization); or
6. Having been declared by final judgment a deserter of the
armed forces of the Philippines in times of war; or
7. In case of a woman, upon her marriage, to a foreigner if,
by virtue of the laws in force in her husband’s country, she
acquires his nationality.
NOTE: Citizenship is renounced expressly (Ibid.)
Reacquisition of Philippine Citizenship
1. Naturalization
Act of formally adopting a foreigner into the political body of
a nation by clothing him or her with the privileges of a
citizen.
2. Repatriation
Recovery of the original nationality. This means that a
naturalized Filipino who lost his citizenship will be restored
to his prior status as a naturalized Filipino citizen. On the
other hand, if he was originally a naturalborn citizen before
he lost his Philippine citizenship, he will be restored to his
former status as a natural-born Filipino. (Bengzon v. HRET
and Cruz, G.R. No. 142840, May 7, 2001)
3. Direct act of Congress
D. Dual Citizenship and Dual Allegiance
 PART ONE: POLITICAL LAW | ITHE CITIZEN IN RELATION TO THE STATE | 1. Citizenship

Dual Citizenship
Arises when, as a result of
concurrent application of
the different laws of two or
more States, a person is
simultaneously considered
a citizen of said states.
Involuntary and allowed
Dual Allegiance
Refers to the situation
where a person
simultaneously owes, by
some positive act, loyalty
to two or more States.
Result of an individual’s
volition and is prohibited
by the Constitution.
Section 5. Citizenship Status of a Foundling Found in the
Philippines and/or in Philippine Embassies, Consulates
and Territories Abroad. - A foundling found in the
Philippines and/or in Philippine embassies, consulates and
territories abroad is presumed a natural-born Filipino citizen
regardless of the status or circumstances of birth. As a
natural-born citizen of the Philippines, a foundling is
accorded with rights and protections at the moment of birth
equivalent to those belonging to such class of citizens
whose citizenship does not need perfection or any further
act.

The presumption of natural-born status of a foundling may

E. Foundlings
Section 3. Definition of Foundling. - For purposes of this
Act, s foundling shall be a deserted or abandoned child or
infant with unknown facts of birth and parentage. This shall
also include those who have been duly registered as a
foundling during her or his infant childhood, but have
reached the age of majority without benefitting from
adoption procedures upon the passage of this law.
not be impugned in any proceeding unless substantial
proof of foreign parentage is shown. The natural-born
status of a foundling shall not also be affected by the fact
that the birth certificate was simulated, or that there was
absence of a legal adoption process, or that there was
inaction or delay in reporting, documenting, or registering a
foundling.

1. Foundling Recognition and Protection Act (RA 11767)

[ REPUBLIC ACT NO. 11767, May 06, 2022 ]

AN ACT PROMOTING THE RIGHTS OF AND

PROVIDING GREATER PROTECTIONS TO DESERTED
OR ABANDONED CHILDREN WITH UNKNOWN
PARENTS, AMENDING FOR THIS PURPOSE ARTICLES
276 AND 277 OF THE REVISED PENAL CODE AND
SPECIAL LAWS, RECOGNIZING THEIR STATUS AS
NATURAL-BORN CITIZENS OF THE PHILIPPINES,
PROVIDING PENALTIES AGAINST ACTS INIMICAL TO
THEIR WELFARE, AND FOR OTHER PURPOSES

Section 1. Short Title. - This Act shall be entitled as the

"Foundling Recognition and Protection Act".

Section 2. Declaration of Policy. - The State values the

dignity of every human being and guarantees full respect
for human rights. A child has the same general human
rights as an adult, with specific rights that recognize
specific needs. As such, the State shall protect the rights
and ensure access to assistance, including proper care,
nutrition and special protection from all forms of neglect,
abuse, cruelty, exploitation and other conditions prejudicial
to the development of every child.

The State shall uphold the best interests of the child,

including and especially the child with distinct
vulnerabilities, such as the neglected, stateless, and
abandoned or deserted, by proactively and diligently
inquiring into the facts of the child's birth and parentage. It
recognizes the generally accepted thrust of international
law to reduce and prevent statelessness. It shall protect
any child with unknown parents by ensuring a natural-born
citizen status consistent with our Constitution, the United
Nations Convention on the Rights of the Child and other
relevant instruments, and the generally accepted principles
of international law. The State shall also adopt measures to
ensure that support services are provided to foundlings and
acts inimical to their welfare are penalized.

In furtherance of the State policy to create one body to

exercise all powers and functions relating to alternative
child care, State services relating to the protection and
welfare of foundlings shall be placed under the National
Authority for Child Care (NACC).