Beruflich Dokumente
Kultur Dokumente
to
Law
3,
Book
6,
Title
II,
of Novisima
Finally, there was the Law of 4 July 1870 the Ley Extranjera
de Ultramar which was expressly extended to the Philippines by
Royal Decree of 13 July 1870, and published in the Official Gazette
on 18 September 1870:
Art. 1. These are foreigners: (a) All persons born of foreign parents
outside of the Spanish territory; (b) Those born outside of the Spanish
B. Treaty of Paris
To end the six-month hostilities between Spain and the United
States following the declaration of war by the United States in 25
April 1898, Commissioners met in Paris on 1 October 1898 to
produce a treaty that would bring an end to the war. The treaty was
signed on 10 December 1898 whereby Spain yielded possession of
the Philippines, along with Puerto Rico, Guam and Cuba, to
the United States. The treaty tackled the disposition of the Islands
ceded by Spain to the United States
Article IX of the Treaty of Paris defined those who were the
citizens of the Philippines. The provision read:
Spanish subjects, natives of the Peninsula, residing in the territory
over which Spain by present treaty relinquishes or cedes her
sovereignty, may remain in such territory or may remove therefrom,
retaining in either event all their rights of property, including the right
to sell or dispose of such property or of its proceeds; and they shall
also have the right to carry on their industry, commerce, and
professions, being subject thereof to such laws as are applicable to
other foreigners. In case they remain in the territory they may
preserve their allegiance to the Crown of Spain by making, before a
court of record, within a year from the date of the exchange of
All
those
that
were
considered
citizens
of
factocitizens
of
the
Philippine
b.
c.
d.
foreigners who, under the laws of the United States, may become
citizens of the later country if residing therein.[17]
E. 1935 Constitution
In the 1935 Constitution, Filipino citizenship was defined,
classified and regulated by Article IV, which stated that:
Section 1. The following are citizens of the Philippines
(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 the 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.
Section 2. Philippine citizenship may be lost or reacquired in the
manner provided by law.[18]
oaths and must forward such statement together with his oath of
allegiance to the civil registrar of Manila.[27]
the
worthwhile
aliens
desirous
of
becoming
Section
2(2)
followed
the
principle
of jus
the
1973
Constitution
followed
the
doctrine
of jus
if
his
mother
reacquired
may
become
citizens
of
naturalization.
G. 1987 Constitution
The 1987 Constitution builds on the previous Constitutions,
but modifies provisions which cannot be found in the 1973 and
1935 Constitution. Those who were citizens during the adoption of
the new Constitution were considered citizens. However, this does
not rectify any defects in the acquisition of such citizenship under
the 1935 or 1973 Constitution. If a persons citizenship was
subject to judicial challenge under the old law, it still remains
subject to challenge under the new whether or not the judicial
challenge had been commenced prior to the effectivity of the new
Constitution.[30]
The principle of jus sanguinis still applies, and in following the
lead of the 1973 Constitution, the Filipino woman is placed on the
same footing as Filipino men in matters of citizenship. It is
essential, however, that the mother is a Filipina when the child is
born.[31] The principle of parental authority is still applicable in the
new Constitution, so this article only applies to legitimate children,
in
the
manner
provided
by
law.[36] The
loss
of
Commonwealth
Act
No.
473,
ones
certificate
of
which
provides
that
natural-born
citizens
of
the Philippines who, after the effectivity of this Act, become citizens
of a foreign country shall retain their citizenship after taking the
oath mentioned therein.
As can be seen, though there had been changes from the
Spanish Laws to the Philippine Constitutions, continuity has been
maintained. Each Constitution usually includes a provision to
soli to jus
sanguinis in
the
1935
Constitution,
the
retention
of
citizenship
upon
marriage
to
http://www.angelfire.com/art3/consti_citizen/Comparison.html