ARTICLE IV

CITIZENSHIP
Citizenship membership in a political community which is personal and more or
less permanent in character
Distinguish citizenship from nationality:
Nationality is membership in any class or form of political community.
Thus, nationals may be citizens (if members of a democratic community)
or subjects (if members of a monarchical community). Nationality does not
necessarily include the right or privilege of exercising civil or political
rights.
Usual modes of acquiring citizenship:
a. By birth
a. Jus sanguinis
b. Jus soli
b. By naturalization
c. By marriage
Natural-born citizens: 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 shall be deemed natural-born citizens.
Marriage by Filipino woman to alien shall not result in loss of Philippine
citizenship, unless by her act or omission she is deemed to have renounced
Philippine citizenship.
Policy against dual allegiance: Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
Mercado v. Manzano: Filing of a certificate of candidacy suffices to renounced
foreign citizenship, effectively removing any disqualification as dual citizen.
Co v. HRET: Attack on ones citizenship may be made only through a direct, not a
collateral, proceeding.
Res judicata in cases involving citizenship: Res judicata doctrine does not
ordinarily apply to questions of citizenship. It does so only when:

a. Persons citizenship is resolved by a court or an administrative body as a

material issue in the controversy, after a full-blown hearing
b. With the active participation of the Solicitor General or his representative
c. The finding of his citizenship is affirmed by the Supreme Court
Citizens of the Philippines
1. Those who are citizens of the Philippines at the time of the adoption of the
1987 Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
Procedure for election: Election is expressed in a statement to be signed and
sworn to by the party concerned before any official authorized to administer
oaths. Statement to be filed with the nearest Civil Registry. The statement is to be
accompanied with the Oath of Allegiance to the Constitution and the Government
of the Philippines.
When to elect: Within 3 years from reaching age of majority, except when there is
justifiable reason for the delay
The right is available to the child as long as his mother was a Filipino citizen at
the time of her marriage to the alien, even if by reason of such marriage, she lost
her Philippine citizenship; and even if the mother was not a citizen of the
Philippines at birth.
4. Those who are naturalized in accordance with law
Naturalization
Modes of naturalization:
a. Direct: Citizenship is acquired by:
i.
Individual, usually through judicial proceedings
ii.
Special act of legislature
iii.
Collective change of nationality, as a result of cession or subjugation
iv.
In some cases, by adoption of orphan minors as nationals of the State
where they are born
b. Derivative: Citizenship conferred on:
i.
Wife of naturalized husband
ii.
Minor children of naturalized person
iii.
Alien woman upon marriage to a national