Beruflich Dokumente
Kultur Dokumente
ANNOTATION
THE MEANING OF NATURAL BORN CITIZEN AS
QUALIFICATION
FOR
ELECTIVE
NATIONAL
OFFICIALS, MEMBERS OF THE JUDICIARY AND THE
CONSTITUTIONAL COMMISSIONS
By
*
JORGE R. COQUIA
1. Introduction, p. 580
2. Distinction Between the terms Citizen and
National, p. 581
3. Determination of who are Philippine Citizens,
p. 582
4. Historical Background of NaturalBorn
Citizens as qualification of Constitutional
Officials, p. 585
5. Broader Concept of NaturalBorn Citizen
under the 1987 Constitution, p. 586
6. The Main issue in the Teodoro Cruz Case, p.
587
7. The Liberal View Favoring NaturalBorn
Citizen Status, p. 588
8. The Primary Adherence to the Jus Sanguinis
Principle, p. 590
______________
1. Introduction
Annotated (SCRA).
581
581
582
583
584
become citizens of the United States under the laws of the United
States if residing therein. (The Philippine Constitution, Volume I,
Philippine Lawyers Association, pp. 274275 [1969])
585
585
586
587
588
589
590
Principle
The majority opinion in the case under annotation is a
clear reiteration of the adherence of the Philippines to the
Jus Sanguinis principle in the determination of
nationality, as distinguished from the principle of jus soli
practiced in the United States, United Kingdom and other
common law countries. The principle of jus soli determines
nationality in the soil of the state irrespective of the
nationality of the parents. By contrast, the jus sanguinis
adopted the Code Napoleon and followed in most European
states adhere that to determine the nationality of the child
follows the nationality of the parents regardless of the
place of birth. The Philippines as a civil law country follows
the Code Napoleon on the principle of jus sanguinis.
Delegate Alejandrino during the proceedings of the 1934
Constitutional Convention explained the importance of
electing national officials who are naturalborn citizens,
meaning, the jus sanguinis principle, that would give
assurance of the loyalty to national interests of our elected
national officials. Delegate Alejandrino said:
For centuries we have been subjected to a foreign sovereignty,
imposed upon us by rulers whose policy tended exclusively for the
good and interests and conveniences. To throw off that yoke and
have the right to be governed by men of our race, or by those who
have in their veins some of our blood, our people made enormous
sacrifices succeeding in establishing an ephemeral republic free
and independent. (The Philippine Constitution, op. cit, Jose
Aruego, ed., Vol. V, p. 481)
591
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