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III.

Citizenship
A. People
- All
persons
within
the
territorial jurisdiction of the
Philippines, without regard to
any difference of race, color,
or
nationality,
including
aliens.
- Private corporations
- Not municipal corporations /
local governments
Qua Chee Gan vs. Deportation Board
- Qua Chee Gan was not
deported
because
Deportation
Board
cant
issue warrant of arrest. Only
courts can.
- State has the right to
exclude aliens in its territory
(undesirable aliens).
B. Citizenship under Art. IV and the
Right of Suffrage under Art. V.
Art. IV. Citizenship
Sec. 2. Natural-born citizens
- citizens from birth
- no performance of any
act
- Sec. 1(3)
Public officers who must be
natural-born citizens
1. President
2. Vice President
3. Members of Congress
4. Justices
5. Ombudsman and his
deputies
6. Members of the
Constitutional Commission
7. Members of the Central
Money Authority
8. Members of the Commission
on Human Rights
Former natural-born citizens as
transferees of private lands

Art. XII, Sec. 8 kapag naging


citizens na sila ng ibang
country, nawawala yung
pagiging transferee sa mga
private lands kasi bawal magown ng property ang aliens.
This section allows such transfer
to a person who has lost his
Filipino citizenship.
Naturalized citizens under
Commonwealth Act No. 473
Sec. 2: Who are qualified to be
naturalized?
1st 21 years old
2nd 10 years residency
3rd good moral character
4th owns real estate
5th English/Spanish/Filipino
language
6th Enrolled children in the
Philippines
Sec. 3: When is the 10-year
reduced to 5-year?
1. Held office under
government
2. Invention in the
Philippines
3. Married to a Filipino
woman
4. Engaged as a teacher
5. Born in the Philippines
Sec. 4: Who are disqualified to
be naturalized?
1. Opposes government
organizations
2. Defending/teaching
violence
3. Polygamists/ believers/
supporters of polygamy
4. Convicted of a crime
involving moral turpitude
5. Mental/incurable
contagious diseases
6. Not mingled with
Filipinos / no desire
7. War with the persons
origin country

8. Laws of other country not


allowing it
Sec. 5: Declaration of Intention
- File to the Bureau of Justice
his intention 1 year before
filing petition
- Declaration needs:
o permanent residence
o certificate showing his
arrivals place, date,
manner
o enrolled his minor
children
Sec. 7: Petition for citizenship
- File a petition to triplicate
- Declaration that he is
qualified
- That he is not disqualified
- That he complied with the
requirements
- That he will reside
continuously in the
Philippines
- Affidavit of atleast 2 credible
persons
Sec. 8: Competent Court
- Court of First Instance where
petitioner has resided for 1
year shall have exclusive
original jurisdiction.
Sec. 11: When decision is
executed
- May appeal to the Supreme
Court
Sec. 15: Effect on wife and
minor children
- Woman married to a Filipino
citizen becomes a Filipino
citizen
- Children
o Born here = citizen
o Foreign-born, dwelling
here when parents got
naturalized = citizen

Foreign-born, dwelling
abroad when parents
got naturalized =
citizen only if minor /
becomes citizen when
dwelled here since
child even if parents
werent naturalized
back then and hes of
major age already
Born abroad after
naturalization of
parents = citizen
UNLESS he fails to
register and take oath
of allegiance after 1
year of reaching age
of majority.

Sec. 18: Denaturalization


1. Fraud / illegal
naturalization certificate
2. Returned to his country
and resided there within
5 years following
issuance of naturalization
certificate
- Prima facie evidence na
he returned:
- more than 1 year in
native country
- 2 years in any
foreign country
3. Invalid declaration of
intention
4. Child failed to graduate
here due to parents fault
5. If he allowed himself to
be a dummy for
enjoyment of a right,
franchise, or privilege
Citizenship by legislative act
Loss and reacquisition of
Citizenship
Art. IV
Sec. 3. Philippine citizenship
may be lost or reacquired in the
manner provided by law

Sec. 2. Filipino citizens who


marry aliens shall retain Filipino
citizenship UNLESS they
renounce it.
Dual citizenship RA. 9139
Citizenship retention and
reacquisition act of 2003 RA.
9225
Right of Suffrage
Art. V 18 years old
- Resided here for 1 year
- 6 months in the place
where they propose to
vote
Overseas Voting Law RA. 9189

Nicolas-Lewis vs. Comelec

- Petitioners
reacquired
citizenship in 2003 under RA.
9225 (duals sila)
- They lack 1 year residency to
vote for May 2004 elections
- ART. V, Sec. 2 says that
Congress is to provide a
system for absentee voting.
- RA. 9189 was provided.
- There is no provision in RA 9225
that
requires
duals
to
actually establish residence
and physically stay in the
Philippines before they may
vote.
- Section 5 of R.A. 9225 those
who retain or re-acquire their
citizenship under this Act shall
enjoy full civil and political
rights.