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CITIZENSHIP

KUPALOURD
POLI REV BONG LO

Foreign women
married to
Filipinos.

The children of
number 3.

Those who are


naturalized in
accord with law

Filipino by Res
Judicata

1973
(Jan 17, 1973)

1987
(Feb 2, 1987)

Those who are


citizens of the
Philippine Islands
at the time of the
adoption of this
Constitution.

Those who are citizens of


the Philippines at the time
of the adoption of this
Constitution.

Those who are


citizens of the
Philippines at
the time of the
adoption of this
Constitution

Those born in the


Philippine Islands
of foreign parents
who, before the
adoption of this
Constitution, had
been elected to
public office in the
Philippine Islands.
Those whose
fathers are citizens
of the Philippines.

Those whose fathers or


mothers are citizens of
the Philippines.

Those whose
fathers or
mothers are
citizens of the
Philippines;

Those who elect Philippine


citizenship pursuant to
the provisions of the
Constitution of nineteen
hundred and thirty-five.

Those whose
mothers are
citizens of the
Philippines and,
upon reaching the
age of majority,
elect Philippine
citizenship.
Those who are
naturalized in
accordance with
law.

Those who are naturalized


in accordance with law.

Those born
before January
17, 1973, of
Filipino
mothers, who
elect Philippine
citizenship upon
reaching the
age of majority
Those who are
naturalized in
accordance with
law

1935
(Nov 15, 1935)

Page

Organic ActPhilippine Bill of


1902
Those who are
residents or
inhabitants of the
Philippine Islands
who are subjects of
Spain as of Apr 11
1899.
The children of
Number 1

Q: Before the 1987 [at the time of the adoption of the 1987 Consti (No. 1 in 1987)] - who are the citizens of
Philippines?
A: Nos. 1-4 of the 1973 Constitution

Q: Before 1973 [at the time of the adoption of the 1973 Consti (No.1 in 1973)], who are the citizens of the
Philippines?
A: Nos. 1-4 of the 1935 Consitution

1935 Constitution Rules:


1.

No. 1 of 1935
No. 1 of 1973
No. 1 of 1987

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CITIZENSHIP
KUPALOURD
POLI REV BONG LO
2.

No. 2 of 1935
Obsolete
This provision is tailor-made only for one person Karang (?)

3.

No. 3 of 1935
No. 1 of 1973
No. 1 of 1987

4.

No. 4 of 1935
referred to by No. 3 in 1973 Constitution (and No. 3 in 1987)
e.g. SCN 1- Pinanganak si A nung January 16, 1973 of Filipino mother only.
o
Siyempre, A here was born during the effectivity of the 1935 Consti.
o
In 1994, he must elect Filipino citizenship kasi by that time, na-attain na niya ang age of
majority.
o
SC Ruling: He / [they] is/are given reasonable time, depending on the facts and
circumstances, to elect Filipino citizenship. Pero sa decided cases, pinakamatagal na
ibinibigay na time ng SC ay 3 years.
o
So by 1997 (1994 + 3 yrs) or by Jan. 16 1997, A must elect Filipino citizenship, otherwise,
hindi na Pilipino si A.
o
No. 3 si A sa 1987 Consitution dahil nag-elect siya ng Filipino citizenship during the
effectivity of the 1987 Constitution

o
o
o
o
o
o

SCN 2- If Feb 10, 1960 ang date of birth ni A, of Filipino mother only.
A was born during the effectivity of 1935 Consti.
1981 siya nag-attain ng age of majority.
1981 + 3 years (SC given reasonable time) = 1984
In 1984 (which is already during the effectivity 1973 Constitution), A must elect Filipino
citizenship.
Number 3 category ka sa 1973 tapos number 1 sa 1987.

Q: Who are the citizens of the Philippines before the 1935 Constitution? This refers to the Organic Act- Phil Bill
1902, under the instruction of US Pres. McKinley.
-

Before nito, wala pang Filipino citizens. Indio pa ang meron. Insulares pag kastila. Pag kastila parehas
ang mga magulang mo, dito ka pinanganak, peninsulares ka.

A:
1.
2.
3.
4.
5.
6.

Those who are residents or inhabitants of the Philippine Islands who are subjects of Spain as of Apr 11
1899 (effectivity of Treaty of Paris) Philippine Islands was ceded to America
Children of Number 1
Foreign women married to Filipinos No need to petition, but does not apply to married Filipinos
Children of number 3.
Those who are naturalized in accord with law e.g. Apr 12 ipinanganak, hindi umabot sa cut off ng Treay
of Paris
Filipino by Res Judicata- the thing has been adjudicated by the court e.g. tumakbo for elections
-

Nos. 1-6 of Organic Act belongs/refers to No. 1 of the 1935 Constitution.

FPJ CASE and VALLES v COMELEC CASE

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CITIZENSHIP
KUPALOURD
POLI REV BONG LO
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Q: Kunwari nag-pa-naturalize isang foreigner na lalaki. Whats the effect on his spouse and children?
A: Yung mga minor children, they dont have to prove, incuding the wife, that they have the qualifications for
naturalization. They just have to prove that they dont have any of the disqualifications. This is called Derivative
Naturalization.

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