CITIZENSHIP Who are citizens of the Philippines? 1.

Citizens of the Philippines at the time of the adoption of the 1987 constitution; Those who are considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new constitution. IF a Filipino citizen under the 1973 constitution has lost his citizenship at the time of the ratification of the new constitution, he is not a citizen of the Philippines 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those who elected to be citizens; This is available to : i. Those born before Jan. 17, 1973, ii. To Filipino mothers, iii. And elect Philippine citizenship upon reaching the age of majority Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution, however, children born of Filipino mothers were already considered Filipinos. Therefore, the provision on election of citizenship under the 1987 Constitution only applies to those persons who were born under the 1935 Constitution. In order for the children to elect Filipino citizenship, the mothers must have been Filipinos at the time of their marriage. So, if your mother was a Filipina who married an alien under the 1935 constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching the age of majority. When election must be made: The election should be made within a reasonable time after attaining the age of majority. The phrase reasonable time has been interpreted to mean that the election should be made within three (3) years from reaching the age of majority except when there is justifiable reason to delay. The span of 14 years that lapsed from the time he reached 21 until he finally expressed his intention to elect Philippine citizenship is clearly way beyond the contemplation of the requirement of electing upon reaching the age of majority. (Re: Application for Admission to the Philippine Bar, Vicente D. Ching, Bar Matter No. 914, October 1, 1999) Philippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed when convenient. 4. Those naturalized in accordance with law. Modes of acquiring citizenship: 1. Jus Soli acquisition of citizenship on the basis of place of birth 2. Jus Sanguinis acquisition of citizenship on the basis of blood relationship 3. Naturalization the legal act of adopting an alien and clothing him with the privilege of a native-born citizen. NOTE: The Philippines follows (2) and (3) NATURAL- BORN CITIZENS Those who are citizens of the Philippines without having performed any act to acquire or perfect their Philippine citizenship [Tecson v. Comelec (2004)] Term includes the citizens at the time of the adoption of the new constitution and citizens through elections.

The SC, however, has ruled that if one was originally a natural-born citizen before he lost his citizenship, the act of repatriation allows him to restore his former status as natural-born Filipino. [Bengzon III v. HRET (2001)] Maria Jeanette Tecson vs. COMELEC, G.R. No. 161434, March 3, 2004 (on the controversy surrounding the citizenship of FPJ) The Court ruled that: The 1935 Constitution, during which regime FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate. In addition, only natural-born citizens are allowed to hold constitutional offices. NATURALIZATION (CA No. 63 and CA No. 473) The act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship. A mode for both acquisition and reacquisition of Philippine citizenship Requirements: Be 21 years of age Be a resident for 6 months Have good moral character Have no disqualification

Edison So vs. RP, G.R. No. 170603, January 29, 2007There are 3 ways by which an alien may become a citizen by naturalization: 1. Administrative naturalization pursuant to RA 9139; 2. Judicial naturalization pursuant to CA No. 473, as amendedcovers all aliens regardless of class; and 3. Legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien. In Republic vs. Guy, 115 SCRA 244, although misconduct was committed after the 2-year probationary period, conviction of perjury and rape was held to be valid ground for denaturalization. Marriage of Filipino with an alien: General Rule: The Filipino RETAINS Philippine citizenship Exception: If, by their act or omission they are deemed, under the law, to have renounced it. Citizenship of an Alien Woman Who Marries a Filipino Under Section 15 of the Naturalized Law, an alien woman who marries a Filipino citizen becomes a Filipino provided that she herself may be lawfully naturalized. How may one lose citizenship (C.A. No. 63): By naturalization in a foreign country By express renunciation of citizenship/ expatriation By subscribing to an oath of allegiance to the laws or constitution of a foreign country By serving in the armed forces of an enemy country By cancellation of certificates of naturalization By being a deserter of the armed forces of ones country Right of expatriation is a natural and inherent right of all people. No one is compelled to remain a Filipino if he does not want to. [Go Guillen v. Government] HOWEVER, in times of war, a Filipino citizen cannot expatriate himself. Loss of Philippine citizenship cannot be presumed. Considering that admittedly, osmena was both a Filipino and an American, the mere fact that he has a certificate stating that he is an American does

not mean that he is not still a Filipino, since there has been NO EXPRESS renunciation of his Philippine citizenship. [Aznar v. Comelec (1990)] In Yu v. Defensor Santiago, 169 SCRA 364 (1989), SC ruled that Yus act of applying for a Portuguese passport despite his naturalization as a Philippine citizen and his act of declaring his nationality as Portuguese in commercial documents, constitute an EXPRESS renunciation of his Philippine citizenship acquired through naturalization. How may one reacquire citizenship: CS No. 63 1. By direct act of Congress 2. By naturalization 3. By repatriation

Repatriation results in the recovery of the original nationality. Thus, the respondent, a former naturalborn Filipino citizen who lost his Philippine citizenship when he enlisted in the US Marine Corps, was deemed to have recovered his natural-born status when he reacquired Filipino citizenship through repatriation. (Bengzon III vs. HRET, G.R. No. 142840, May 7, 2001) Joevanie Arellano Tabasa vs. CA, G.R. No. 125793, August 29, 2006, the only persons entitled to repatriation under RA 8171 are the following: a) Filipino women who lost their Philippine citizenship by marriage to aliens; and b) Natural-born Filipinos including their minor children who lost their Philippine citizenship on account of political or economic necessity. Mere filing of candidacy is not sufficient act of repatriation. Repatriation requires an express and equivocal act. [Frivaldo v. Comelec (1989)] Distinguish dual citizenship from dual allegiance Mercado v. Manzano Dual citizenship arises when, as a result of the concurrent application of the laws of two or more states, a person is simultaneously considered a citizen of those states. Dual allegiance refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. Dual nationality is involuntary and legal, while dual allegiance is voluntary and illegal. SUFFRAGE Suffrage right to vote in the election of officers chosen by the people and in the determination of questions submitted to the people. Nature of suffrage: It is not a natural right of the citizens. The theory is that suffrage is a privilege, granted by the state to such persons or classes as are most likely to exercise it for the public good. [People v. Corral (1936)] A political right- enabling every citizen to participate in the process of government to assure that it derives its powers from the consent of the governed. [Pungutan v. Abubakar (1972)]. It is an ancillary to the principle of republicanism enshrined in Section 1, Article II. Suffrage is personal to every qualified voter; hence, its exercise cannot be be delegated to another. Scope of Suffrage. Election. It is the means by which the people choose their officials for a definite and fixed period and to whom they entrust for the time being the exercise of the powers of government.

Plebiscite. It is an election at which any proposed amendments to, or revision of the Constitution is submitted to the people for ratification. Initiative. It is the initiative mode of the people proposing and initiating constitutional amendment or initiating recall movement of certain public officials. Referendum. It is the submission of a proposed law or issues to the voting citizens of the country for their ratification or rejection. Recall. It is the method by which a public officer may be removed from office during his tenure of before the expiration of the term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. Qualifications: CODE: CD18RR 1. Citizen of the Philippines 2. Not Disqualified by law 3. At least 18 years old 4. Resident of the Philippines for at least 1 year 5. Resident of the place wherein he/she proposes to vote for at least 6 months immediately preceding the election. Residency requirement Residency, under Article V has 2 senses: 1. DOMICILE This is in reference to the 1 year residency requirement in the Philippines. The principal elements of domicile physical presence in the country and intention to adopt it as ones domicile must concur. 2. TEMPORARY RESIDENCE This is in reference to the 6 month residency requirement in the place where one wants to vote. In this case, residence can either mean domicile or temporary residence. NOTE: NO literacy, property or other substantive requirement can be imposed on the exercise of suffrage. Other substantive requirements prohibited: Education, Sex and Taxpaying ability LITERACY- intelligence is not measured by the ability to read and write, and the capacity to be informed is not necessarily limited by the lack of ability to read and write. PROPERTY- ownership of property per se, neither adds to nor detracts from a mans capacity to function properly and fully as a social and political being; inconsistent with SOCIAL JUSTICE PRINCIPLE & with CONCEPT OF REPUBLICAN GOVERNMENT. EDUCATION- In a democracy, the vote of a moron counts as much as the vote of a genius. The principle is that of one man, one vote. The votes are counted, not weighted. SEX- women, simply by virtue of their womanhood, are incapable of free and intelligent social and political activity, there would seem to be no adequate or justifiable basis for depriving them of equal voting rights with men. TAXPAYING ABILITY- this restriction is related to property requirement for voting. Voters Disqualifications (Sec. 118, B.P. 881). 1) Any person sentenced by final judgment to imprisonment of not less than 1 year, which disability has not been removed by plenary pardon. 2) Any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines. 3) Insane or feeble-minded persons. Note: Under the 2nd disqualification, the right to vote is automatically re-acquired upon the expiration of 5 years after the service of sentence.

Secrecy of the Ballot. It is essential then to insure that the voters shall exercise their right freely,uninfluenced by threats, intimidation or corrupt motives and to secure a fair and honest count of the ballots. [Gardiner v. Romulo (1914)] To accomplish the this aim, Congress is directed by the constitution to provide a system for securing the secrecy and sanctity of the ballot. System of Overseas Absentee Voting Absentee Voting the process by which qualified citizens abroad exercise their right to vote. To whom does Absentee Voting apply: 1. Persons who have the qualifications of a voter but who happen to be temporarily abroad 2. Qualified voters who are in the Philippines but are temporarily absent from their voting places May vote for PRESIDENT, VICE-PRESIDENT, SENATORS AND PARTY-LIST REPRESENTATIVES.

NOTE: It is an exception to the 6-month/1-year residency requirement. [Makalintal v. Comelec (2003)] By the doctrine of necessary implication, the strategic location of Section 2 indicates that the Constitutional Commission provided for and exception to the actual residency requirement of Section 1 with respect to qualified Filipinos abroad. Thus, they may be allowed to vote even though they do not satisfy the residency requirement in Section 1, Article V of the constitution. Section 5(d) of RA 9180 disqualifies an immigrant or permanent residence who is recognized as such in the host country because immigration or permanent residence in other country implies renunciation of ones residence in his country of origin. RECENT JURISPRUDENCE --Nothing follows

Loss and Reacquisition of Philippine Citizenship A. Loss of citizenship: 1. By naturalization in a foreign country (Frivaldo vs. COMELEC, 174 SCRA 245) However, this was modified by RA 9225An Act Making the Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent September 15, 2003 which declares the policy of the State that all Philippine citizens who become citizens of another country shall be deemed to have lost their Philippine citizenship under the conditions of this Act. They may reacquire Philippine citizenship by taking the oath of allegiance Those Filipino citizens who, after the effectivity of RA 9225, become citizens of a foreign country, may reacquire Philippine citizenship upon taking the oath of allegiance Unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who reacquire their Philippine citizenship upon the effectivity of RA 9225 shall be deemed citizens of the Philippines. Those who reacquire or retain Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: o Meet the requirements of RA 9189, The Overseas Absentee Voting Act of 2003, and other existing laws o For those seeking elective public office and appointive office, meet the qualifications, make personal and sworn renunciation, subscribe and swear to an oath of allegiance to the RP o For those intending to practice their profession, apply with the proper authority for a license or permit to engage in such practice 2. By express renunciation of citizenship- Conscious, voluntary and intelligent renunciation Labo vs. COMELEC, 176 SCRA 1, Labo lost Filipino citizenship because he expressly renounced allegiance to the Philippines when he applied for Australian citizenship. Express renunciation means a renunciation made known distinctly and explicitly, and not left to inference or implication. Mere registration of alien in BID and mere possession of foreign passport do not constitute effective renunciation. (Valles vs. COMELEC) In Willie Yu vs. Defensor-Santiago, 169 SCRA 364, obtaining a Portuguese passport and signing commercial documents as a Portuguese were construed as renunciation of Philippine citizenship. 3. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining the age of 21; provided, however, that a Filipino may not divest himself of Philippine citizenship in this manner while RP is at war with any country. an application of the principle of Indelible Allegiance. by virtue of RA 9225 4. By rendering service to or accepting commission in the armed forces of a foreign country EXCEPT: If RP has a defensive and/or offensive pact of alliance with the said foreign country; and The said foreign country maintains armed forces in Philippine territory with the consent of RP 5. By cancellation of the certificate of naturalization 6. 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. Instances when a citizen of the Philippines may possess dual citizenship: 1. Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; 2. Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers country such children are citizens of that country; 3. Those who marry aliens if by the laws of the latters country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship. [Mercado vs. Manzano, 307 SCRA 630, May 26, 1999] Res judicata in cases involving citizenship: General Rule: It does not apply to questions of citizenship. Exception: In Burca vs. Republic, 51 SCRA 248, an exception to the general rule was recognized provided the following must be present: 1. A persons citizenship be raised as a material issue in a controversy where said person is a party; 2. The Solicitor general or his authorized representative took active part in the resolution thereof; and 3. The finding on citizenship is affirmed by SC. Although the GR was set forth in the case of Moy Ya Lim Yao, the case did not foreclose the weight of prior rulings on citizenship. It elucidated that reliance may somehow be placed on these antecedent official findings, though not really binding, to make the effort easier or simpler. (Valles vs. COMELEC, 337 SCRA 543, August 9, 2000).