Constitution 1

Citizenship
MODES OF ACQUIRING CITIZENSHIP: Article IV of the 1987 Constitution:
(1) Those who are citizens of the Philippines at the time of the adoption of this 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; and
(4) Those who are naturalized in accordance with law.

1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
• Requires an examination of prior rules of citizenship
• Citizen naka at the time of the adoption of the 1987 constitution
• Art 3 sec 1 1973 constitution:
(1) Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
(2) Those whose fathers or mothers are citizens of the Philippines.
(3) Those who elect Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five.
(4) Those who are naturalized in accordance with law.
• 1935 Constitution ARTICLE IV.—CITIZENSHIP SECTION 1
(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 this Constitution, had been elected to public office in the Philippine Islands.
▪ Example: A whose parents are Chinese. if he was born in the 1973 or 1987 constitution, di sya citizen.
(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.
•
Sec 4, Philippine bill of 1902 Sec 2 of Jones Law of 1916
That all inhabitants of the Philippine Islands That all inhabitants of the Philippine Islands who
continuing to reside therein who were Spanish were Spanish subjects on the eleventh day of April,
subjects on the eleventh day of April, eighteen eighteen hundred and ninety-nine, and then
hundred and ninety-nine, and then resided in the resided in said Islands, and their children born
Philippine Islands, and their children born subsequent subsequent thereto, shall be deemed and held to
thereto, shall be deemed and held to be citizens of be citizens of the Philippine Islands, except such as
the Philippine Islands and as such entitled to the shall have elected to preserve their allegiance to the
protection of the United States, except such as shall Crown of Spain in accordance with the provisions of
have elected to preserve their allegiance to the Crown
the treaty of peace between the United States and
of Spain in accordance with the provisions of the
Spain, signed at Paris December tenth, eighteen
treaty of peace between the United States and Spain
signed at Paris December tenth, eighteen hundred hundred and ninety-eight, and except such others
and ninety-eight. as have since become citizens of some other
country:Provided, That the Philippine Legislature,
herein provided for, is hereby authorized to provide
by law for the acquisition of Philippine citizenship
by those natives of the Philippine Islands who do
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 not come within the foregoing provisions, the
natives of the insular possessions of the United
States, and such other persons residing in the
Philippine Islands who are citizens of the United
States, or who could become citizens of the United
States under the laws of the United States if
residing therein.

• There is no value in looking into the old laws when these were actually carried over to the
1987 constitution
• We must look into those that were not carried over in the 1987 constitution as they only apply
to a specific time.
POE-LLAMANZARES VS. COMELEC
- 1968 grace poe was found abandoned as a newborn infant in the parish church of Jaro Ilo-
ilo (covered sya sa 1935 constitution)
- 1974- she was legally adopted by FPJ and Susan Roces
- 2016 – Grace Poe ran for President
- Petitions for DQ was filed against Poe on the ground of material misrepresentation because
she was not a natural born Filipino citizen. Petitioner’s arguments:
o Under jus sanguinis, persons of unknown parentage particularly foundlings cannot be
considered natural born since blood relations is determinative of natural born status
o International laws are not self-executing and that local legislations are necessary in order
to give domestic effect to treaty obligations assumed by the Philippines.
- SC clarifying the issue:
o This case does not deal much on who grace’s parents are. This rather examines
whether her parents are Filipino citizens or not.
- SC Ruling: Grace Poe is a natural born citizen
o Statistics – nitan.aw sa records, taas ang chance na Filipino si Grace Poe
o Legal presumptions arising from established facts
▪ She was abandoned in a Roman Catholic Church – Most likely pinoy mubuhat
ana daw
▪ She has typical Filipino Features
▪ Deliberations from the 1935 constitution – the exchange between the
commissioners reveal that as a matter of law, foundlings are as a class natural
born Filipino citizen.
o International Law
▪ Generally Applied Principles International Law + Customary International Law
= Incorporation
▪ Common thread of the UDHR, UNCRC and ICCPR obligate the Philippines the
grant of nationality is at the time of birth
VALLES VS. COMELEC
Rosalind Ybasco Lopez was born on May 16, 1934 in Australia to a Filipino father and an Australian
mother. In 1949, at the age of fifteen, she left Australia and came to settle in the Philippines, where
she later married a Filipino and has since then participated in the electoral process not only as a
voter but as a candidate, as well. In the May 1998 elections, she ran for governor but Valles filed a
petition for her disqualification as candidate on the ground that she is an Australian.

The Philippine law on citizenship adheres to the principle of jus sanguinis. Thereunder, a child
follows the nationality or citizenship of the parents regardless of the place of his/her birth, as
opposed to the doctrine of jus soli which determines nationality or citizenship on the basis of place
of birth.
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 In order that citizenship may be lost by renunciation, such renunciation must be express. Petitioner's
contention that the application of private respondent for an alien certicate of registration, and her
Australian passport, is bereft of merit.

that dual citizenship as a disqualication must refer to citizens with dual allegiance; it is enough that
they elect Philippine citizenship upon the ling of their certicate of candidacy, to terminate their
status as persons with dual citizenship.

TECSON VS. COMELEC – FPJ CASE

Ronald Allan Kelley Poe
- Birthday Aug 20, 1939
- Place: manila
- Grandfather: Lorenzo poe
- Father: allan poe
- Mother: Bessie Kelley Poe
- Petitioner: FPJ is not Filipino kay illegitimate nya iya mama American
- SC: FPJ is Filipino: Lorenzo Poe was born in 1870; if you follow both bills, he was an
inhabitant of the ph and was a Spanish subject on april 11 1899 thus he is a Filipino ( part of
the mass Filipinization;) SC also ruled that it was presumed that he lived in Pangasinan for
the rest of his life as he died there. Those who claimed that he was not in the Philippines did
not present evidence. Under the 1935 constitution-” those whose fathers are citizens of the
Philippines” thus, FPJ is Filipino.
ROA VS. INSULAR COLLECTOR OF CUSTOMS (no more in 1987 consti nani sya na case)
▪ Jus Soli those born in the ph of alien parents are deemed citizens of the Philippines
▪ Ruled in SC Oct 30 1912 – the provision applicable were the 2, where if your parents of
subjects of the Spanish crown and therefore a Filipino, pinoy sad ka. There is no dispute
as to your citizenship. But nahimong doubtful ang citizenship tungod ani.
▪ Overturned by the SC in Sept 16, 1947 (tan chiong case)
▪ Remember in this case that you have to be judicially declared before sept 16 1947 in
order to benefit the roa doctrine
▪ This applies only to children of foreign parents
TIO TIAM VS. REPUBLIC
- Born in Cebu city of Chinese parents 1904
- Filed a petition for naturalization in RTC but he also presented evidences that he was
already a Filipino citizen. He voted on several elections and while he was forty-one years
old, he took the oath of allegiance as a citizen of the Philippines before the Court of First
Instance of Cebu. The lower court, on the strength of the evidence presented, declared
petitioner as having already acquired Filipino citizenship which holds that those born in
the Philippines of alien parents are deemed Filipino citizens by virtue of the principle of
jus soli (in reference to the ROA case). However, such has already been overruled in the
Tan Chong case. He may however apply for naturalization as he shows no
disqualifications to become a Filipino.
Caram Provision under the 1935 Constitution – no more in 1987 consti:
- If you were born in the ph of foreign parents and one of them were elected to public
office before the 1935 constitution you are considered as a Filipino
CHIONGBIAN VS. DE LEON
- Commissioner of customs was threatening to cancel the chionbiangs vessels certificate
of registration

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 - Philippine shipping admin threatening to rescind sale of the 3 vessels to peititioner
because he misrepresented to be a Filipino therefore not qualified by law to operate and
own vessels of Philippine registry
- Petitioner went to sc and asked to issue a writ of injunction in cancelling or threatening
to rescind sale and revoke certificates
- Petitioner: son of victoriano chiongbian a Chinese citizen was elected in 1925 consti
- SC: caram provision is not only for the sole benefit of Caram.

2. Those whose fathers or mothers are citizens of the Philippines;

o Both the 1973 and the 1987 constitution follow this rule
o The 1935 constitution limits it to fathers
o Prospective in application
3. Citizens by Election: Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority
• Manner of election: statement to be signed and sworn to by the party concerned before any
officer authorized to administer oaths and shall be filed with the nearest civil registry. The
said party shall accompany aforesaid statement with the oath of allegiance to the
constitutional and the government of the Philippines.
• When: upon reaching the age of majority, within 3 years upon reaching the age of majority
(exc: justifiable reason for delay- ou believed in good faith na Filipino na jud ka ever since
and thought na wala na need to elect)
CUENCO VS. SECRETARY OF JUSTICE
- Chinese parents claimed to be Filipino
- Born in Feb 16 1923
- Became of age feb 16 1944
- Election of citizenship May 15 1951, 28 years old
- May 19 1951 – asked the commissioner of immigration to cancel his alien cert
- Issues that arose in the proceedings:
1. Is petitioner’s mother a Filipino?
2. Soj said no. sc did not review the finding as discretionary acts and
determination by Soj are not subject to mandamus
3. At any rate, did petitioner timely elect Filipino citizenship?
Evidence presented by the petitioner
- birth certificate in which he was referred to as Filipino
- Marriage contract and in the birth cert of the children, Filipino
Conflicting evidences:
He joined a unit of Chinese volunteers
He registered himself in the bureau of immigration as Chinese.
- Such explanation is invalid, thus he is not a Filipino citizen
CO VS. HOUSE OF REPRESENTATIVES
▪ Ong was born on 1948
▪ At 9 years old his father was naturalized under the naturalization act
▪ Sec. 15 RNA – minor children of persons naturalized under the law who have been
born in the ph shall be considered citizens thereof.
▪ 197 he ran for HR position
▪ He did not formally elect to be a Filipino a citizen
▪ Constitution required him to be natural born.
▪ Question:
• is the formal election necessary in the present case?
• Did mr ong elect to be a Filipino citzen?
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 ▪ SC: formal election is already unnecessary for he was already a Filipino citizen.
Hedid elect as Filipino citizen although not formally. Re millare rule: if you
believed from your minority that you are a Filipino dili na need. He has to use his
right of suffrage in this case, nilansar pa man gani. Thus, he is a Filipino.
• 1973 Constitution
▪ SEC. 4. A natural-born citizen is one who is a citizen of the Philippines from birth without
having to perform any act to acquire or perfect his Philippine citizenship.
• 1987 constitution:
▪ SECTION 2. Natural-born citizens are 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 in accordance with paragraph (3), Section 1 hereof shall
be deemed natural-born citizens. (Curative provision ang sumpay, mao na retroactive)
• Regardless of when you elect (1973 and 1987), natural born.
IN RE: APPLICATION OF CHING, BAR MATTER NO 914, OCT 1, 1999
▪ Born april 11 1954
▪ Father Chinese; mother Filipina
▪ Took the 1998 bar exam
▪ Passed the bar but not allowed to take oath
▪ July 27 19999 – at 35 years old, he elected Filipino citizenship (after passing the bar
exam)
▪ Ching’s Election: super late:
▪ SC: He presented justifiable reason. Inapplicable and in re Millare kay unlike the
previous case, he did not believe himself to be a Filipino from his minority. One cannot
claim citizenship only when needed. Too late na iya pag elect. Walay siyay justifiable
reason to elect too late – (justifiable reason is believing in good faith from minority
that you are a Filipino citizen and that election of such is no longer necessary)

Inchoate right – wherein during minority, the child is an alien and that his citizenship
is not yet complete
REPUBLIC VS. CHULE LIM
• Born in oct 29 1954
• Father- Chinese; mother-filipina
• Illegitimate child since his father was previously married in china
• Filied a petition to change Chinese to Filipino
• OSG: she is not a Filipino because she did not elect
• Chule: I am a Filipino because there is no need for me to elect because I am
an illegitimate child
• SC: illegitimate children need not elect. If illegitimate ka, citizenship sa imo
mama ang ifollow. Unsaun nalang ang mga bata na wala kaila sa ila papa,
mahimo silang stateless individuals inig minor.

4. Those who are naturalized in accordance with law.

▪ Judicial naturalization
o Governed by Commonwealth Act 473 or the Revised Naturalization Law
o Qualifications(memorize):
▪ 21 years old
▪ Philippine resident for at least 10 years – continuos, (exc: held a government
office, new industry or invention, married to a Filipina, teacher in a Philippine
school for at least 2 years, born in the Philippines)

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 ▪ Good moral character + believes in constitutional principles + conducts in proper
sand irreproachable manner
▪ Real estate at least 5k or lucrative TPLO
▪ Speak and write English/Philippine language
▪ Minor children of school age are enrolled in Philippine school during entire period
or residence required.
o Also show that you do not have disqualifications(memorize):
▪ Opposed to organized government
▪ Defends violence as a legitimate tool
▪ Polygamist or believer in thereof
▪ Convicted of crimes involving moral turpitude
▪ Suffering metal alienation/ incurable contagious disease
▪ Have not mingled with Filipinos/no sincere desire to embrace Filipino customs
▪ Citizens of an enemy country during war time
▪ Citizens of a country refusing to grant Filipinos citizenship
o Effects of naturalization
▪ Wife: will also become filipino if she herself may be naturalized
▪ Children minor born in the ph before naturalization: become Filipino too
▪ Minor child born outside the ph but residing in the pj at the time of
naturaliarization: acquires Filipino citizenship
▪ Minor child born outside and residing outside the ph at time of naturalization:
acquires Filipino citizenship only during minority nless begins to permanently reside
in the ph
▪ Minor child born outside the ph after naturalization: acquires Filipino citizenship
but shall within 1 year reaching majority age register as Filipino citizen at the
consulate of residence + oath of allegiance.

MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION:

• Lau Yuen Teung was a Chinese citizen
• Mar 13 1961, she came to the ph and allowed under her visa to stay for a month
• Several extensions were given to her. The last being until feb 13, 1962
• Jan 25, 1962 she married Moy Ya Lim an alleged Filipino citizen
• Nearing the last extension, a petition for injunction was filed
• Lower court denied her petition because she did not have all the qualifications
despite not having the disqualifications. Such as the residence and language
requirement and mingling with Filipinos
• SC: it was not necessary that she needed all the qualifications, she just had to
prove that she does not have any disqualification. (applies to alien women
marrying Filipinos)
Effects of Naturalization in reference to MOY YA LIM V. COMMISSIONER OF IMMIGRATION:
The naturalization of an alien visitoas a Philippine citizen logically produces the effect of conferring upon him
ipso facto all the rights of citizenship including that of being entitled to permanently stay in the Philippines
outside the orbit of authority of the Commissioner of Immigration vis-a-vis aliens, if only because by its very
nature and express provisions, the Immigration Law is a law only for aliens and is inapplicable to citizens of the

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Philippines.

o Denaturalization (REPUBLIC VS. WILLIAM LI YAO) :

"[i]f it is shown that said naturalization certificate was obtained fraudulently or illegally." It is
indisputable that a certificate of naturalization may be cancelled if it is subsequently
discovered that the applicant therefor obtained it by misleading the court upon any material
fact. Law and jurisprudence even authorize the cancellation of a certificate of naturalization
upon grounds or conditions arising subsequent to the granting of the certificate. Moreover, a
naturalization proceeding is not a judicial adversary proceeding, the decision rendered
therein, not constituting res judicata as to any matter that would support a judgment
cancelling a certificate of naturalization on the ground of illegal or fraudulent procurement
thereof.

ADMINISTRATIVE NATURALIZATION RA 9139

o Applies exclusively to native born aliens who lived in the Philippines all their lives.
SO VS. REPUBLIC
▪ Edison So was a native-born Chinese who lived in Binondo manila since birth
▪ Filed a petition for naturalization before RTC under CA 473
▪ Was only 20 years old at the time of the first hearing
▪ he has all the qualifications provided under Section 2 and none of the
disqualifications under Section 4
▪ OSG took the case to the CA alleging that he does not qualify and that his
character witnesses were not credible enough
▪ CA: he was only 20 years old, less than the requirement of 21 years
▪ SC: Thus, petitioner failed to show full and complete compliance with the
requirements of naturalization law. For this reason, we affirm the decision of the
CA denying the petition for naturalization without prejudice.
Witnesses were not competent enough to prove that he had all the qualifications.

“First C.A. No. 473 and R.A. No. 9139 are separate and distinct laws — the former
covers all aliens regardless of class while the latter covers native-born aliens who
lived here in the Philippines all their lives, who never saw any other country and
all along thought that they were Filipinos; who have demonstrated love and
loyalty to the Philippines and affinity to the customs and traditions. 52 To
reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make
the process of acquiring Philippine citizenship less tedious, less technical and more
encouraging which is administrative rather than judicial in nature. Thus, although
the legislature believes that there is a need to liberalize the naturalization law of
the Philippines, there is nothing from which it can be inferred that C.A. No. 473
was intended to be amended or repealed by R.A. No. 9139. What the legislature
had in mind was merely to prescribe another mode of acquiring Philippine
citizenship which may be availed of by native born aliens. The only implication is
that, a native born alien has the choice to apply for judicial or administrative
naturalization, subject to the prescribed qualifications and disqualifications.
DHITSc

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 In the instant case, petitioner applied for naturalization by judicial act, though at
the time of the filing of his petition, administrative naturalization under R.A. No.
9139 was already available. Consequently, his application should be governed by
C.A. No. 473.

Second. If the qualifications prescribed in R.A. No. 9139 would be made applicable
even to judicial naturalization, the coverage of the law would be broadened since
it would then apply even to aliens who are not native born. It must be stressed
that R.A. No. 9139 applies only to aliens who were born in the Philippines and
have been residing here.

Third. Applying the provisions of R.A. No. 9139 to judicial naturalization is contrary
to the intention of the legislature to liberalize the naturalization procedure in the
country. One of the qualifications set forth in R.A. No. 9139 is that the applicant
was born in the Philippines and should have been residing herein since birth.
Thus, one who was born here but left the country, though resided for more than
ten (10) years from the filing of the application is also disqualified. On the other
hand, if we maintain the distinct qualifications under each of the two laws, an
alien who is not qualified under R.A. No. 9139 may still be naturalized under C.A.
No. 473. Thus, absent a specific provision expressly amending C.A. No. 473, the
law stands and the qualifications and disqualifications set forth therein are
maintained.”

▪ Legislative naturalization
o Pursuant to their legislative authority under Article VI, Section 1 of the 1987 Constitution,
Congress of the Philippines composed of the Senate and the House of Representatives
has the authority to grant Filipino citizenship to certain foreign nationals for their notable
service to the country and to the Filipino people.

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