Citizenship

 Membership in a political community

which is personal and more or less
permanent in character.

 Nationality is membership in an ethnic,

social, racial and cultural group, while
citizenship is membership in a political
society.
 Citizens under the 1935
Constitution
(Sec. 1, Article III)

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.
 Filipino Citizens
(under Par. 1, Sec. 1, Art. III, 1935 Constitution
a) Persons born in the Philippines who resided
therein on April 11, 1899, and were Spanish
subjects on that date, unless they had lost
their citizenship on or before the adoption of
the Philippine Constitution on May 14, 1935
(Phil. Bill of 1902 and Jones Law of 1916);
b) Natives of Peninsular Spain who resided in
the Philippines on April 11, 1899, and who
did not declare their intention of preserving
their Spanish nationality between that date
and October 11, 1900, unless they had lost
their citizenship by May 14, 1935 (Phil. Bill
of 1902 and Jones Law of 1916);
c) Spanish subjects who resided in the
Philippines on April 11, 1899, and who did
not declare their intention of preserving
their Spanish nationality between that date
and October 11, 1900, unless they had lost
their citizenship by May 14, 1935 (Phil. Bill
of 1902 and Jones Law of 1916);
d) Children born of (a), (b), and (c)
subsequent to April 11, 1899, unless they
had lost their citizenship by May 14, 1935
(Phil. Bill of 1902 and Jones Law of 1916);
e) Persons who became naturalized citizens of
the Philippines in accordance with the
formal procedure set for in the
Naturalization Law since its enactment on
March 1920 (Act No. 2927), unless they had
lost their citizenship by May 14, 1935.
Continuation….
f) Children of persons embraced under
(e), unless they had lost their
citizenship by May 14, 1935.
g) Filipino women who, after having lost
Philippine citizenship by marriage to
foreigners, had subsequently become
widows and regained Philippine
citizenship on or before May 14, 1935.
h) Children of (g), above, who were still
under 21 years of age at the time their
mothers regained Philippine
citizenship.
i) Foreign women who married Filipino
citizens on or before May 14, 1935,
provided that they themselves could
be lawfully naturalized, provided
further that they had not lost
Philippine citizenship by May 14, 1935
and provided finally that their Filipino
citizenship had been so declared by
judgment of a court of justice in the
proper naturalization or citizenship
proceedings.
j) All other persons born in the
Philippines who, on the strength of the
erroneous recognition of the “jus soli”
doctrine, were mistakenly declared by
the courts to be Filipino citizens,
unless they had lost their citizenship
by May 14, 1935.
 Comparison
1935 Constitution
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.
1973 & 1987 Constitutions
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 who elect Philippine citizenship
pursuant to the provisions of the
Constitution of 1935. (Those born
before January 17, 1973, of Filipino
mothers, who elect Philippine
citizenship upon reaching the age of
majority)
4) Those who are naturalized in
accordance with law.
 Provisions on Marriage
under the 1973 and 1987 Constitution
 1973

Section 2, Article III: 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

 1987

Section 4, Article IV: 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.
 Natural-born Citizen
 1973 Constitution
Sec. 4, Art. III:
A natural-born citizen is one
who is a citizen of the
Philippines from birth without
having to perform any act to
acquire or perfect his
Philippine citizenship.
 1987 Constitution
Sec. 2, Art. IV:
Natural-born citizens are those
who are citizens of the
Philippines from birth without
having to perform any act to
acquire or perfect their
Philippine citizenship. Those
who elect Philippine citizenship
in accordance with paragraph
(3), Section 1 hereof shall be
deemed natural-born citizens.
 Kinds of Citizens
under the 1987 Constitution

 Natural-Born Citizens

 Naturalized Citizens
 Modes of Acquiring Philippine
Citizenship

 BY BIRTH
 Jus sanguinis – citizenship by blood
 Jus soli – citizenship by place of birth

 BY NATURALIZATION – The act of

formally adopting a foreigner into the
political body of a nation by clothing him
or her with privileges of a citizen.
Naturalization under Philippine Law
 Judicial Naturalization
(Commonwealth Act No. 473, as amended by
Republic Act No. 530)

 Administrative Naturalization
(Administrative Naturalization under Republic Act
No. 9139)

 Legislative Naturalization by Congressional Act.

 C.A. 473, as amended by R.A. 530
QUALIFICATIONS OF THE APPLICANT:

a) not less than 21 years of age on the date of the hearing of the petition;

b) resided in the Philippines for a continuous period of not less than 10 years.

It may be reduced to 5 years if:

(a) he honorably held office in Government;

(b) established a new industry or introduced a useful invention in the
Philippines;
(c) married to a Filipino woman;
(d) been engaged as a teacher in the Philippines (in a public or private
school not established for the exclusive instruction of persons of a
particular nationality or race) or in any of the branches of education
or industry for a period of 2 years; and
(e) born in the Philippines.
qualifications ….
c) good moral character; believes in the principles underlying the Philippine
Constitution; must have conducted himself in a proper and irreproachable
manner during the entire period of his residence in the Philippines in his
relations with the constituted government as well as the community in
which he is living;

d) own real estate in the Philippines worth not less than P5,000.00, or, must
have some known lucrative trade, profession or lawful occupation;

e) speak and write English or Spanish and any of the principal Philippine
languages;

f) Enrolled his minor children of school age in any of the public or private
schools recognized by the Government where Philippine history,
government and civics are taught as part of the school curriculum, during
the entire period of residence in the Philippines required of him prior to the
hearing of his petition for naturalization.
 DISQUALIFICATIONS:
Those who are …

a) Those who are opposed to organized government affiliated with

any association or group of persons who uphold and teach
doctrines opposing all organized governments;

b) Defending or teaching the success or predominance of their

ideas;

c) Polygamists or believers in polygamy;

d) Convicted of a crime involving moral turpitude;

e) Suffering from mental alienation or incurable contagious disease;

disqualifications (continuation)….
f) who, during the period of their residence in the
Philippines, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire
to learn and embrace the customs, traditions and
ideals of the Filipinos;

g) Citizens or subjects of nations with whom the

Philippines is at war, during the period of such war;

h) Citizens or subject of a foreign country whose laws

do not grant Filipinos the right to become
naturalized citizens or subjects thereof.
 Procedure (C.A. 473)
1) Filing with Office of the Solicitor General of a declaration of
intention to become a Filipino citizen, at least 1 year prior to the
filing of the petition in the proper court, except:

a) Those born in the Philippines and have received their primary and
secondary education in public or private schools recognized by the
Government and not limited to any race or nationality;

b) Those who resided in the Philippines for 30 years or more before the
filing of the petition, and enrolled his children in elementary and high
schools recognized by the Government and not limited to any race or
nationality; and

c) Widow and minor children of an alien who has declared his intention
to become a citizen of the Philippines and dies before he is actually
naturalized.
procedure (continued)…
2) Filing of the petition with the appropriate Regional Trial Court, together with the affidavits of 2
credible, citizens of the Philippines, who personally know the petitioner (as character witnesses).

3) Publication of the petition in the Official Gazette and in a newspaper of general circulation in the
province where the applicant resides, once a week for 3 consecutive weeks.

4) Hearing of the petition

5) If the petition is approved, there will be a rehearing two years after the promulgation of the
judgment to establish the following:

a) applicant has not left the Philippines;

b) dedicated himself continuously to a lawful calling or profession;
c) not been convicted of any offense or violation of rules; and
d) not committed an act prejudicial to the interest of the nation or contrary to any Government-
announced policies

6) Oath-taking and issuance of the Certificate of Naturalization

Effects of Naturalization (C.A. 473)
 On the wife:

- vests citizenship on the wife provided that she is

not disqualified to be a citizen of the Philippines
under Section 4 of C.A. 473. It is not anymore
necessary for an alien woman to institute
naturalization proceedings. All she has to do is
to file before the Bureau of Immigration and
Deportation a petition for the cancellation of her
Alien Certificate of Registration. (Moy Ya Lim
Yao vs. Commissioner of Immigration, G.R. No.
L-21289)
Effects of Naturalization (C.A. 473)
 On Minor Children

A) If born BEFORE naturalization:

1) If born in the Philippines – is a Filipino

2) If born outside the Philippines

2.01. if dwelling in the Philippines at the time of the parent’s

naturalization – is a Filipino

2.02. If dwelling outside the Philippines at the time of parent’s

naturalization – is a Filipino only during his minority unless he
permanently resides in the Philippines when still a minor, in which case
he will continue to be a Philippine citizen even after becoming of age
Effects on Naturalization ….
B) If born AFTER naturalization:

1) If born in the Philippines – is a Filipino

2) If born outside the Philippines – shall be

considered a Philippine citizen, unless within
one year after reaching the age of majority he
fails to register himself as a Philippine citizen
at the Philippine consulate of the country
where he resides and to take the necessary
oath of allegiance.
 Cancellation of Naturalization
(C.A. 473)
a) If it is shown that said naturalization certificate was
obtained fraudulently;
b) If, within 5 years, he returns to his native country or to
some foreign country and establishes residence there;
provided, that 1-year stay in the native country, or 2-
year stay in a foreign country shall be prima facie
evidence of intent to take up residence in the same;
c) Petition was made on an invalid declaration of
intention;
d) Minor children failed to graduate through the fault of
the parents, either by neglecting to support them or by
transferring them to another school;
e) Petitioner allowed himself to be used as dummy.
Who may institute denaturalization
proceedings:
 Section 18, C.A. No. 473

Upon motion made in the proper

proceedings by the Solicitor General or his
representative, or by the proper Provincial
Fiscal, the competent judge may cancel
the naturalization certificate.
 Effect of Denaturalization
 If the ground of the denaturalization affects the
intrinsic validity of proceedings, the
denaturalization shall divest the wife and
children of their derivative naturalization.

 If the ground was personal to the denaturalized

Filipino, his wife and children shall retain their
Philippine Citizenship.
 Administrative Naturalization
(R.A. 9139)
QUALIFICATIONS:
Applicant must be:

1) Born in the Philippines and residing therein since birth;

2) Not be less than 18 years of age at the time of filing his/her
petition;
3) Be of good moral character and believes in the underlying
principles of the Constitution and must have conducted
himself/herself in a proper and irreproachable manner during
his/her entire period of residence in the Philippines and in his
relations with the duly constituted government as well as with the
community in which he/she is living;
Qualifications (R.A. 9139) …
4) Have received his/her primary and secondary
education in any public school or private
educational institution duly recognized by the
Department of Education, where Philippine
history, government and civics are taught and
prescribed as part of the school curriculum and
where enrolment is not limited to any race or
nationality, provided that should he/she have
minor children of school age, he/she must
have enrolled them in similar schools;
Qualifications (R.A. 9139) …
5) Have a known trade, business, profession or lawful
occupation, from which he/she derives income
sufficient for his/her support and that of his/her family;
provided that this shall not apply to applicants who are
college degree holders but are unable to practice their
profession because they are disqualified to do so by
reason of their citizenship;
6) Be able to read, write and speak Filipino or any of the
dialects of the Philippines; and
7) Have mingled with the Filipinos and evinced a sincere
desire to learn and embrace the customs and
traditions and ideals of the Filipino people.
 R.A. No. 9139
DISQUALIFICATIONS

– same as those provided in C.A. 473-

 R.A. No. 9139
PROCEDURE:

1) Filing of the petition with the Special Committee on

Naturalization;

2) Publication of the pertinent portions of the petition once a week

for three consecutive weeks in a newspaper of general circulation
and posting of the petition in any public or conspicuous area, and
furnishing copies thereof to the Department of Foreign Affairs,
Bureau of Immigration and Deportation, Civil Registrar of
petitioner’s place of residence, and the National Bureau of
Investigation, which shall post copies of such petition in any
public or conspicuous place in their buildings or offices;
Procedure (R.A. 9139)…
3) Within 30 days from receipt of their copies of the petition, the DFA,
BID, LCR, and NBI will submit to the Special Committee on
Naturalization a report stating whether or not petitioner has any
derogatory record on file, or any such relevant and material
information which might be adverse to petitioner’s application for
citizenship. If there is any adverse report, the Committee shall allow
the petitioner to answer, explain, or refute the same;

4) The committee shall then approve or deny the petition;

5) If petition is granted, the petitioner shall take an oath after 30 days

from approval and after payment of P100,000.00
 Effects of R.A. No. 9139
 Wife and minor children of the applicant may file
a petition for cancellation of their alien
certificates of registration with the Special
Committee on Naturalization.

 But if the applicant is a married woman, the

approval of the petition shall not benefit her
alien husband, although her minor children may
avail of the right to seek cancellation of their
alien certificate of registration.
 Cancellation of Administrative
Naturalization
The Special Committee on Naturalization may
cancel certificates of naturalization on any or all
of the grounds:

1) If the naturalized person or his duly authorized

representative made any false statement or
misrepresentation or committed any violation of
law, rules and regulations in connection with the
petition, of if he obtains Philippine citizenship
fraudulently or illegally;
Cancellation (R.A. 9139)…

2) If, within five years, he shall establish permanent

residence in a foreign country, provided that
remaining for more than 1 year in his country of
origin or 2 years in any foreign country shall be
prima facie evidence of intent to permanently
reside therein;

3) If he allowed himself or wife or child with

acquired citizenship to be used as dummy;

4) If he, his, wife or child with acquired citizenship

commits any act inimical to national security.
 Loss of Philippine Citizenship
(C.A. No. 63)
a) By naturalization in a foreign country
 Modified by R.A. 9225 (Citizenship Retention and Re-
acquisition Act; Sept. 17, 2003)
b) By express renunciation of citizenship

c) By subscribing to an oath of allegiance to

support the Constitution of a foreign country
upon attaining 21 years of age; provided,
however, that a Filipino may not divest himself
of Philippine citizenship in any manner while
the Republic of the Philippines is at war with
any country.
 Modified by R.A. 9225
Loss of Philippine Citizenship …
d) By rendering service to or accepting commission in the armed forces
of a foreign country; provided, that the rendering of service to, or
acceptance of such commission in, the armed forces of a foreign
country and the taking of oath of allegiance incident thereto, with
the consent of the Republic of the Philippines, shall not divest a
Filipino of his Philippine citizenship if either of the following
circumstances is present:

1) The Philippines has a defensive and/or offensive pact of

alliance with the said foreign country;
2) The said foreign country maintains armed forces in Philippine
territory with the consent of the Republic of the Philippines.
Loss of Philippine Citizenship …

e) By cancellation of the certificate of

naturalization;

f) By having been declared by competent

authority a deserter of the Philippine
armed forces in time of war, unless
subsequently, a plenary pardon or
amnesty has been granted.
 Reacquisition of Philippine
Citizenship
1) Under R.A. 9225 – by taking the oath of allegiance required of the
former natural-born Filipinos;
2) By naturalization
3) By repatriation
 R.A. 965 – for those who rendered service to, or accepting commission in,
the armed forces of an allied foreign country during the war.
 R.A. 2630 – for persons who lost citizenship by rendering service to, or
accepting commission, in the armed forces of the United States.
 P.D. 725 - for Filipino women who lost citizenship by marriage and for
natural-born Filipinos.
 R.A. 8171 - For Filipino women who lost their citizenship by reason of
marriage to aliens and for former natural-born who lost Filipino citizenship
on account of political or economic necessity.

4) By direct act of Congress

 Dual Citizenship/Allegiance
 Section 5, Article IV, 1987 Constitution

Dual allegiance of citizens is inimical to the

national interest and shall be dealt with by
law.