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CITIZENSHIP (Article IV, 1987 Constitution) I.

Definition 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.

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. 1.
OLD RULE: Burca vs. Republic, G.R. No. L-24252 foreign wife of a naturalized husband needs to prove they possess all of the qualifications and none of the disqualifications for naturalization (January 30, 1967)

II.

Citizens under 1935 Constitution (Section 1, Article IV) 05/14/1935 Those who are citizens of the Philippine Islands at the time of the adoption of this 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); 1. Co vs HRET (Grandfather of Jose Ong, JR, Mr. Ong Te was already a Filipino citizen because he arrived in the Philippines sometime in 1895 and was issued a CTC)

2.

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); 1. Co vs HRET (Father of Jose Ong, Jr. Mr. Jose Ong Chuan was already a Filipino citizen by virtue of his father Mr. Ong Te already being a Filipino citizen since his father was naturalized when he was still a minor 9 years old) Tecson vs Comelec (FPJs grandfather, Mr. Lorenzo Pou was a Spaniard who became a Filipino citizen pursuant to a presumption that he died at his last known residence at 84 years old after being born in 1870. At that time,

CONTROLLING: Moy ya vs COI, GR L-21289 foreign wife of a naturalized husband is vested with Philippine citizenship provided she does not have any of the disqualifications and just file petition for cancellation of certificate of alien registration (October 4, 1971)

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.
Roa vs Collector of Customs, GR 7011, 10/30/1912 FACTS: On July 6, 1889, appellant Tranquilino Roa was born in lawful wedlock in the Philippines to a Chinese father and a Filipina mother. His father went to China in 1985 and died there about 1900. On 1901, while still a minor, appellant was sent to China by his mother to study. When he returned to the Philippine Islands on 1910, he was denied admission by the Board of Special Inquiry for the reason that he takes the nationality of his father and thus becomes a subject of the Emperor of China and not a citizen of the Philippines, to which the Insular Collector of Customs affirmed. Appellant filed the appeal from a judgment of CFI of Cebu, who likewise remanded the appellant to the Collector of Customs. HELD: The mother before she married was a Spanish subject and entitled to all the rights, privileges and immunities pertaining thereto. Upon the death of her husband, which occurred after the Philippine Islands were ceded to the United States, she, under the rule prevailing in the United States, ipso facto reacquired the nationality of the Philip-pine Islands, being that of her native country. If it may be said that during the lifetime of the father minor children follow his nationality, it logically follows, by the widow placing herself and her children within the jurisdiction of the United States on his death, whereby she herself reacquires her former nationality, and she being the natural guardian of such children, that they should follow her nationality, with the proviso that on becoming of age they may elect for themselves. The nationality of the appellant having followed that of his mother, he was therefore a citizen of the Philippine Islands on July 1, 1902, and never having expatriated him-self, he still remains a citizen of this country.

2.

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.

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. a) Caram Rule 1. refers to children born in the Philippines with foreign parents and such children had been elected (not appointed) to pubic (not private) office in the Philippines. Fermin Caram, a Syrian national who was elected as a board member in Iloilo and participated in the Constitutional Convention of 1935 Children of (1) are also considered Filipino citizens since such citizenship is not personal (Chiongbian v. de Leon, G.R. No. L2007, Jan. 31, 1949)
c.

i.

Repatriation minor child remains as an alien since repatriation is personal to the mother. Child needs to elect Filipino citizenship at age of majority Naturalization -

ii.

10/21/1936 effectivity date of CA 63 (AN ACT PROVIDING FOR THE WAYS IN WHICH PHILIPPINE CITIZENSHIP MAY BE LOST OR REACQUIRED)

2.

f) Election must be done within a reasonable amount of time (3 years

which may be extended for justifiable reasons especially if the person has deported himself as a Filipino even during minority - RE: APPLICATION FOR
ADMISSION TO THE PHILIPPINE BAR OF VICENTE CHING)

3.

1. 2.

may be done formally (governed by CA 625) may be done informally (such as exercising right of suffrage) a. b. can only be availed of if person was a Filipino during his minority Co vs HRET and Mallare (informal election right of suffrage)

Those whose fathers are citizens of the Philippines. a) The 1935, Constitution, during which regime FPJ had seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. (Tecson v. COMELEC, G.R. No. 161434, Mar. 3, 2004) b) To harmonize: illegitimate children will follow the citizenship of Filipino parent whichever is favorable to the children.

Those who are naturalized in accordance with law.

Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. a) For this provision to apply, it is imperative that the Filipino mother and the foreigner husband must be legally married to each other. Otherwise, the general rule of illegitimate children have to follow the citizenship of the mother would be applied following the preposition that custody of the illegitimate child would usually go to the mother. b) In the childs minority, he is considered an alien but only that he has an inchoate right to elect Filipino citizenship when he reaches the age of majority c) Election is necessary since under the laws governing at that time, when a Filipina woman marries a foreigner, she loses her Filipino citizenship and acquires the citizenship of her husband especially if his national law would confer foreign citizenship on the wife. d) Age of majority 1935 Constitution 21 years old
e) Mother must be a Filipina at time of marriage to foreigner husband 1. If the Filipina mother who lost her citizenship upon her marriage to a foreigner husband subsequently becomes a widow a. b. prior to 10/21/1936 automatically reacquires Filipino citizenship. Minor child also gains Filipino citizenship After 10/21/1936 woman needs to apply for acquisition of citizenship through repatriation or naturalization

Republic vs Chule Lim GR 153883, 1/13/2001 ISSUE: In 1999, Chuley Lim filed a petition for correction of entries in her birth certificate with the regional trial court of Lanao del Norte. Her maiden name was Chuley Yu and thats how it appears in all her official records except that in her birth certificate where it appears as Chuley Yo. She said that it was misspelled. The Republic of the Philippines through the local city prosecutor raised the issue of citizenship because it appears that Lims birth certificate shows that she is a Filipino. The prosecutor contends that Lims father was a Chinese; that she acquired her fathers citizenship pursuant to the 1935 Constitution in place when she was born; that she never elected Filipino citizenship when she reached the age of majority (she is already 47 years old at that time); that since she is a Chinese, her birth certificate should be amended to reflect that she is a Chinese citizen. Lim contends that she is an illegitimate child hence she is a Filipino. HELD: The provision which provides the election of Filipino citizenship applies only to legitimate children. In the case at bar, Lims mother was a Filipino. Lims mother never married the Chinese father o f Lim hence Lim did not acquire the Chinese citizenship of her father. What she acquired is the Filipino citizenship of her mother. Therefore, she is a natural born Filipino and she does not need to perform any act to confer on her all the rights and privileges attached to Philippine citizenship.

please see (a)

III.

Citizens under 1973 and 1987 Constitutions 1973 Constitution 1935 Constitution took effect on 05/14/1935 1973 Constitution took effect on 01/17/1973 1987 Constitution took effect on 02/11/1987 Section 2, Article III

PROVISIONS ON MARRIAGE 1987 Constitution 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.

COMPARISON 1935 Constitution Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. 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. Those whose fathers are citizens of the Philippines. 1973 & 1987 Constitution
Those who are citizens of the Philippines at the time of adoption of this Constitution.

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

NATURAL BORN CITIZENS 1973 Constitution 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.

Those whose fathers or mothers are citizens of the Philippines.

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.

1973 Those who elect Philippine citizenship pursuant to the provisions of the Constitution of 1935. 1987 Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority

IV.

Kinds of Citizens under 1987 Constitution Natural-born citizens Naturalized citizens

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

Those who are naturalized in accordance with law.

V.

Modes of Acquiring Philippine Citizenship By Birth a) Jus sanguinis citizenship by blood b) Jus soli citizenship by place of birth (not applicable now) 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.

VI.

Naturalization under Philippine Law Judicial Naturalization a) Commonwealth Act No. 473, as amended by Republic Act No. 530 Administrative Naturalization a) Administrative Naturalization under Republic Act No. 9139 Legislative Naturalization by Congressional Act

Disqualifications 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;

VII.

Judicial Naturalization under CA 473 as amended by RA 530 Qualifications 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: 1. 2. 3. 4. he honorably held office in Government; established a new industry or introduced a useful invention in the Philippines; married to a Filipino woman; 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 born in the Philippines.

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 a) 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: 1. 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; 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 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.

5.

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.

2.

3.

b) 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). c) 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. d) Hearing of the petition

e) If the petition is approved, there will be a rehearing two years after the promulgation of the judgment to establish the following: 1. 2. 3. 4. applicant has not left the Philippines; dedicated himself continuously to a lawful calling or profession; not been convicted of any offense or violation of rules; and not committed an act prejudicial to the interest of the nation or contrary to any Government- announced policies

2.

If born AFTER naturalization a. b. If born in the Philippines is a Filipino 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.

f) Oath-taking and issuance of the Certificate of Naturalization Effects of Naturalization a) On the wife 1. 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. L21289) Before the Moy Ya Lim Yao case, the rule was that the wife had to file petition to prove she had all the qualifications and none of the disqualifications for citizenship through Judicial Naturalization. Cancellation of Judicial Naturalization (CA 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.

2.

Who may Institute denaturalization proceedings a) Section 18, C.A. No. 473

b) On minor children 1. If born BEFORE naturalization i. ii. If born in the Philippines is a Filipino If born outside the Philippines 1. 2. if dwelling in the Philippines at the time of the parents naturalization is a Filipino If dwelling outside the Philippines at the time of parents 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

b) 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.

Effects of Denaturalization a) If the ground of the denaturalization affects the intrinsic validity of proceedings, the denaturalization shall divest the wife and children of their derivative naturalization. b) If the ground was personal to the denaturalized Filipino, his wife and children shall retain their Philippine Citizenship.

VIII.

Administrative Naturalization under RA 9139 Qualifications a) Born in the Philippines and residing therein since birth; b) Not be less than 18 years of age at the time of filing his/her petition; c) 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; d) 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; e) 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; f) Be able to read, write and speak Filipino or any of the dialects of the Philippines; and g) Have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people. Disqualifications (same as CA 473) 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; 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 a) Filing of the petition with the Special Committee on Naturalization; b) 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 petitioners 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; c) 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 petitioners application for citizenship. If there is any adverse report, the Committee shall allow the petitioner to answer, explain, or refute the same; d) The committee shall then approve or deny the petition; e) If petition is granted, the petitioner shall take an oath after 30 days from approval and after payment of P100,000.00

Effects of Naturalization a) 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. b) 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 - Special Committee on Naturalization a) 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; b) 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; c) If he allowed himself or wife or child with acquired citizenship to be used as dummy; d) If he, his, wife or child with acquired citizenship commits inimical to national security. any act

X.

Reacquisition of Philippine Citizenship Under R.A. 9225 by taking the oath of allegiance required of the former natural-born Filipinos; a) Dual citizenship is no By naturalization By repatriation a) R.A. 965 for those who rendered service to, or accepting commission in, the armed forces of an allied foreign country during the war. b) R.A. 2630 for persons who lost citizenship by rendering service to, or accepting commission, in the armed forces of the United States. c) P.D. 725 - for Filipino women who lost citizenship by marriage and for natural-born Filipinos. d) 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. By direct act of Congress

IX.

Loss of Citizenship under CA 63 By naturalization in a foreign country a) Modified by R.A. 9225 (Citizenship Retention and Re-acquisition Act; Sept. 17, 2003) By express renunciation of citizenship 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. a) Modified by R.A. 9225 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 consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present: 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 Philippine territory with the consent of the Republic of the Philippines. By cancellation of the certificate of naturalization; 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.