 Definition

› membership in a political or
democratic community
*possession of full civil and
political rights
subject to:
- constitutional and statutory
limitations
 1. jus soli – right of soil – place of birth

2. Jus Sanguinis – right of blood – relationship

with parents

3. Naturalization – adopting a foreigner, giving him

with the privileges of a native - born
 Treaty of Paris

Those residing within the territory from

the time U.S. acquired dominion from
Spain, are citizens thereof.

-
 All persons born in the Philippine territory
 Those of Filipino mothers or fathers
 Naturalized foreigners
 Those, while not naturalized, have acquired
domicile within the territory
 All inhabitants of the Philippine Islands
who were Spanish subjects on April 11,
1899, resided in the islands, and their
children subsequent thereto are citizens of
the Philippine Islands unless they have
elected to preserve allegiance to the Crown
of Spain in accordance with the Treaty of
Paris
 On May 1934, L was born in NT, Australia.
Her father was born in Daet, Camarines
Norte on January 5, 1879, while her mother
was an Australian. Is L a Filipino citizen?

 If the grandfather of FPJ(Lorenzou Pou) died in

1954 at the age of 84 in San Carlos City, what is
the significance these records have, to the
citizenship of FPJ who was born under the 1935
Constitution? (Tecson vs. COMELEC, March
3,2004)
 Prior to the 1935 Constitution, the
governing laws were the Philippine Bill
of 1902 and later on, in 1916 the Jones
law. Under these laws, all inhabitants on
April 11, 1899 and resided in the lands,
including their children born subsequent
thereto, were deemed to be Philippine
citizens.
 Suppose, A was born in 1930 of Syrian
parents who came to the Philippines in
1921 and resided thereat. Under the laws
prevailing during the period, should he be
considered a Philippine Citizen?

 What if, his father was already in the

Philippine Islands in 1898 and her mother
came to the country in 1921. Would that
make any difference?
 Those born on or after August
29, 1916, and prior to May 14, 1935
and at least one (1) parent was
inhabitant and resident of the
Philippine Islands on April 11,
1899, are considered Philippine
Citizens by birth.
 Those born in the Philippine Islands of foreign
parents before its adoption, and had been elected
to public office (Caram provision)
 Fathers are citizens of the Philippines
 Mothers are citizens of the Philippines, and upon
reaching the age of majority elected Philippine
Citizenship
 Those naturalized in accordance with law
 Election of Philippine citizenship will only apply
if the child is legitimate; otherwise, the child shall
take the citizenship of his known parent, his mother,
thus making him a Filipino by birth (Republic vs.
Chule Lim,January 13, 2004)

How? Can be expressed in a statement signed and

sworn to by the party before any official authorized
to administer oath and must be filed before the
nearest Local Civil Registry, attached thereto also his
Oath of Allegiance.(Sec 1 CA 625)

- within three years from majority unless delay is

justified (Sec. of Justice, opinion,1948; Cuenco vs.
Sec. of Justice, 5 SCRA 110)
 Implied Election – informal manifestations other than a
sworn statement, such as, by exercising his right of
suffrage, when he came to age, participated in elections
and campaign for candidates (Mallari, 59 SCRA 45,)

 HOWEVER, this circumstance was allowed

considering those acts were done prior to June 7, 1941
the date where CA 625 was enacted that provides for the
procedure in making election. The same was also
allowed considering Mallari was born before the 1935
Constitution, thus, the procedure for electing citizenship
are still inapplicable
 Thus, where election of Philippine citizenship is
done 14 years after attaining the age of majority
is way beyond the contemplation of the
requirement of electing “upon reaching the age of
majority”, anyway, election is never a tedious
process.(Application for Admission to the
Philippine Bar, Vicente Ching, Bar Matter No.
914, October 1, 1999.)
 Citizens at the adoption of the constitution
 Fathers or mothers are citizens
 Those who elected Philippine Citizenship pursuant
to 1935 constitution
 Naturalized in accordance with law
 Female citizen who marries an alien retains her Philippine
citizenship, unless by her act or omission, she is deemed, under the law, to
have renounced her citizenship
 But, election under this constitution does not make one a natural born
Filipino citizen
Art. IV, Section 1-
 Those citizens at the time of its adoption
 Those whose fathers or mothers are citizens
 Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority
 Those naturalized in accordance with law
 Note: The Philippine citizenship of the
child born of Filipino mother or father is
never affected simply because the
nationality law of his alien parent makes
him also a citizen of his country, anyway,
dual citizenship is, by jurisprudence,
allowed;
Such as:
 Born of Filipino fathers and/or mothers in foreign
countries which follows the principle of jus soli;

 Born in the Philippines of Filipino mothers and alien

fathers if by the laws of their fathers’ country such
children are citizens;

 Those who marry foreigners, if by the laws of the

latter’s country, the former are considered citizens,
unless by their act or omission they are deemed to
have renounced Philippine citizenship (Gaudencio
Cordova vs. COMELEC, February 19, 2009)
 Note: Considering we adhere to jus
sanguinis principle under the present
charter, it does not make one a Filipino
just because he was born in the
Philippines and has been residing thereat
for so long a time already. Neither will
make him an alien simply because he
was born outside the Philippines.
 Direct, or
 Derivative

 Naturalization laws:
- Commonwealth Act. No 473 (June 17, 1939)
Revised Naturalization Law – Judicial Naturalization
- Republic Act No. 9139 (June 8, 2001)
Administrative Naturalization Law – Administrative Naturalization
- Special naturalization by Congress
- Letter of Instruction 270(April 11, 1975),
by Pres. Marcos)
 Commonwealth Act No. 473 –Revised
Naturalization Law
* before the proper Regional Trial Court
Requirements:
Age – 21
Residence – 10 years but may be
reduced to 5, if
a) married a Filipina
b) held office under government or any or political
subdivision
c) engaged as teacher in public or private school for
at least two years
d) born in the Philippines
4. Good Moral Character:
Believes in the principles
underlying the Constitution;
conducted himself in
reproachable manner

5. Real Estate and Occupation

Remember:
In United Church Board for World Ministries vs.
Sebastian, the Court reiterated the consistent ruling in a number
of cases that is a land invalidly transferred to an alien who
subsequently becomes a Filipino, or transfers it to a Filipino,
the flaw in the original transaction is considered cured and the
title of the transferee is rendered valid.
xxxxxxxxxxxx

The rationale behind the Court’s ruling xxx, is this,,-since

the ban on aliens is intended to preserve the nation’s land for
future generations of Filipinos, the aim is achieved by making
lawful acquisition of real estate by aliens to Filipino citizen. As
the property in dispute is already in the hands of a qualified
person, a Filipino citizen, there would be no more public policy
to be protected. The objective of the constitutional provision to
keep our lands in Filipino hands has been achieved.(Camilo
Borromeo vs. Antonieta Descallar, February 24, 2009)
 6. Must be able to speak and write English or Spanish or
anyone of the principal languages

 7. Enroll his minor children of school age, in any of

private schools and recognized by the government

*The inability of the petitioner to bring his child into the

Philippines upon her attaining school age did not excuse him from
complying with the education requirement. Thus where four of the
his children have always resided in China, and therefore, have never
had any schooling in this country, the Court held that “there is failure
to comply with the requirement. That it was impossible for the
applicant to comply with the requirement due to financial difficulties
or due to the strictness of the immigration authorities is not a valid
excuse. The requirement is mandatory and non compliance therewith
is fatal for naturalization petition.
( Lim Chui Tian vs. Republic. G.R. L-26602; April 25, 1969)
 Disqualifications:
• Opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing all organized government;

• Persons defending or teaching the propriety of violence, personal assault, or assassination

for the success and predominance of ideas;

 Polygamists or believers in the practice of polygamy(should be interpreted in the context

of the law of the country of origin)

 Persons convicted of a crime involving moral turpitude

 Persons suffering from mental alienation or incurable disease

 Those, who, during the period of their residence in the Philippines, have not mingled
socially with Filipinos or who have not evinced a sincere desire to learn and embrace
customs, traditions and ideals of Filipinos

 Citizens or subjects of nations with whom the Philippine is at war

Doctrine of Indelible allegiance – retention of original nationality even if he has
already renounced or forfeited the same, particularly, if the country where he wants to
be a national is at war with the Philippines. (People vs. Manayaoi, et.al, 78 Phil. 721)

* Citizens or subject of foreign country whose laws do not grant Filipinos the right to be
naturalized thereat (Principle of Reciprocity)
* Procedural:
1. Filing of Declaration of Intention – at least one year prior to filing
a. born in the Philippines; have received his primary and secondary in
the Philippines
b. have continuously resided in the Philippines for a periods of thirty
years or more;
c. widow or minor children of an alien who has declared his intention
to become citizen of the Philippines and dies before he was
actually naturalized

2. Filing of the petition with the Regional Trial Court of the Province where he
was a resident for a period of at least one year.
3. Publication
4. Hearing
Note: “There are two prohibited periods that must be reckoned with section 9 and 10 of
CA 473. Section 9 provides that the notice must set forth, inter alia,”the date of the hearing of
the petition, which hearing shall not be held within six months from the date of the last
publication of the notice.” Section 10, on the other hand, provides that “no petition shall be
heard within thirty days preceding any election.“( Republic vs. Tang;G.R. No. 144742;
November 11, 2004)

5. Decision – will become final after the lapse of thirty days from receipt
thereof by the Office of the Solicitor General
6. Summary hearing after 2 years
7. Oath taking and Issuance of Certificate Naturalization
8. Cancellation of Alien Certificate of Registration before the BID
 Naturalization of the husband will affect the foreigner-wife, if she may
also be naturalized (Moy Ya vs. Lim vs. Commission on Immigration

 Likewise, will benefit the minor children

Rules:
-if born in the Philippines or outside of the Philippines, but living
here, at the time of the naturalization – Filipino;

-if born abroad and not in the Philippines at the time of

naturalization, citizen only during his minority, unless he begins
to reside in the Philippines while still a minor;

-if born abroad, after naturalization, shall be considered

Filipino, provided, within one year upon attaining the age of
majority, registers as Filipino before Philippine Consulate and
takes oath of allegiance.
 File with the Special Committee on Naturalization
Composed of :
Solicitor General – chairman
Sec. of Foreign Affairs, or his representative – member
National Security Adviser – member

Qualifications (same as CA 473)

except: Age – at least 18 years old
Residence – continuously in the Philippines since birth
Have a known trade, business, profession, or lawful occupation, from which
he derives income sufficient for his support and of his family; note; this shall not
apply to applicants who are degree holder but are unable to practice their profession
because they are disqualified to do so by reason of their citizenship
 1. Filing with the Committee
 2. Publication
 3. Furnish copies of the petition to:
 Department of Foreign Affairs (DFA)
 Bureau of Immigration (BI)
 Local Civil Registrar (LCR)
 National Bureau of Investigation (NBI)
 4. Report of said agencies
 5. Approval or Disapproval of the Petition
 6. Issuance of Certificate of naturalization
 7. Oath taking
 8. Cancellation of Alien Certificate of Registration
 Made false statement or make misrepresentation, or committed violation of law
or rule in connection with petition or frau8dulently acquired Philippine
Citizenship;
 Within 5 years shall establish permanent residence in the foreign country
 Allowed himself, or his wife, or child to be used as dummy;
 If he, or his wife or child committed acts inimical to national security

 EFFECTS OF DENATURALIZATION

IF INTRINSIC, AS THE ACT WOULD HAVE BEEN RESULTED TO THE

DISAPPROVAL OF THE PETITION – AFFECTS NOT ONLY THE
NATURALIZED BUT ALSO THOSE WHO BENEFITTED, HOWEVER, IF
THE ACT, IS PERSONAL TO THE NATURALIZED, LIKE, FAILURE TO
ABIDE BY THE CONDITIONS REQUIRED OF HIM TO DO, SHALL NOT
AFFECT DERIVATIVE CITIZENSHIP
 If one is born of alien father who was married to a natural born Filipina, and
during his minority, his father was naturalized. Is he required to elect Philippine
Citizenship upon reaching the age of majority? Is he a natural born Filipino that
will allow him to run in Congress?
 Answer: An election of Philippine Citizenship presupposes that the person
electing is an alien. Or, his status is doubtful because he is a national of two
countries. There is no doubt in this case about Mr. Ong’s being a Filipino when he
turned 21. We repeat that any election of Philippine Citizenship would not only
have been superfluous but it would also have resulted in an absurdity. How can a
Filipino citizen elect Philippine citizenship. The respondent HRET has an
interesting view as to how Mr. Ong elected citizenship. It observed that “when
protestee was only 9 years old, his father, Jose Ong Chuan became a naturalized
Filipino. Section 15 of Revised Naturalization Law squarely applies its benefit to
him for he was them a minor residing in this country. Concededly, it was the law
itself that had already elected Philippine citizenship for protestee by declaring
him as such. (Co vs. HRET, G.R. 92191-92, July 30, 1991)
 Facts:
After the Regional Trial Court granted the petition for naturalization of
Mr. A, the State appealed, attaching as annexes to the state’s appellant’s
brief were documents not presented and were never offered at the trial
court, thus, petitioner, argued that it violated the Rules of Court particularly
on the Rule 132 that no evidence shall be admitted unless the same has
been formally offered. Is the contention tenable?

 Answer:
No. The Rule on formal offer of evidence is clearly not applicable to
the present case involving petition for naturalization. Rule 143 Section 13
of the Rules, provides, among others, “these rules shall not apply to xxxxx
naturalization and xxxxx proceedings,xxxx.” Decisions in Naturalization
proceedings are not covered by the rule on res judicata. Consequently, a
final favorable judgment does not preclude the State from later on moving
for the revocation of the grant of naturalization on the basis of the same
documents. (Chia vs. Republic, G.R. No. 12740, March 27, 2000)
 Suppose, the State did not appeal the decision
granting naturalization, may action for the revocation of
the same be still warranted?

Answer. Yes. Despite the fact that the decision in a

naturalization case has become final, no appeal having
been taken therefrom, such decision may still be later
revoked where there were irregularities or defects of such
nature as to affect the jurisdiction of the Court, and,
hence, the validity of the of the decision. In this sense, a
judgment granting naturalization is never final. (Cua
Sunke vs. Republic, G.R. No. L-29674, April 8, 1988)
 The qualification of Ms. L to be representative of her district was
questioned on the ground that she is not a natural born citizen because her
parents were Chinese at the time of her birth. Proponents claimed that the
proceedings for the naturalization of her father never attained finality due
to procedural and substantial defects, thereby assailing already the
citizenship of her father. Is it proper?

 Answer: No. the proper proceeding should be in accordance with

Section 18. Cancellation of naturalization Certificate Issued – “Upon
motion made in the proper proceedings by the Solicitor General of his
representative, or by the proper provincial fiscal, the competent judge may
cancel the naturalization certificate issued and its registration in the Civil
Register. .xxx
In other words, the initiative must come from these officers. xxx it is
not a matter that may be raised by private persons in an election case
involving the naturalized citizen’s descendants. (Limkaichong vs.
COMELEC. G.R. 179120 July 29, 2009)
Commonwealth Act No. 63 -
Section 1. How citizenship may be lost
1. By naturalization in a foreign country
2. By express renunciation
3. By subscribing to an oath of allegiance to support the
constitution or laws of a foreign country upon attaining twenty
–one years or more
4. By rendering services to, accepting commission in, the armed
forces of a foreign country, provided, will not divest him of his
citizenship, if done with the consent of the Republic, provided;
a) The Philippines has a defensive or offensive pact of alliance with
the said foreign country
b.) Said foreign country maintains armed forces in the Philippine
territory with the consent of the Republic, but shall not permitted
participate nor to vote in any election, during the period of his
services.
5. By cancellation of the certificate of naturalization
6. Having declared as deserter of the Philippine armed forces in
time of war, unless subsequently, a plenary pardon or amnesty
has been granted; and
7. In case of a woman, upon marriage to a foreigner if, by virtue of
the laws in force in her husband’s country, she acquires his
nationality.
 Citizenship may be reacquired

› By naturalization
› By Republic Act No. 9225
Citizenship Retention and
Reacquisition Act of 2003
 Article 14(1930 Hague Convention on Conflict of Nationality Laws)

 a child whose parents are both unknown shall have the nationality of the
country of birth. If the child's parentage is established, its nationality
shall be determined by the rules applicable in cases where the parentage
is known.

 A foundling is, until the contrary is proved, presumed to have been

born on the territory of the State in which it was found.

Article 15
 Where the nationality of a State is not acquired automatically by reason
of birth on its territory, a child born on the territory of that State of
parents having no nationality, or of unknown nationality, may obtain the
nationality of the said State. State shall determine the conditions
governing the acquisition of its nationality in such cases.