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IMPORTANT FACTS
— Under the Philippine Bill of 1902 as amended 1912, the SC
— W/N the SC should apply the principle of jus solis (stare opined: The petitioner, born of alien parentage, is not a
decisis) or the principle jus sanguinis (in accordance to the citizen of the Philippine Islands.
applicable existing law of the time) in deciding the citizenship
of the petitioner, who is a native born but has a chinese father
— Tan Chong, on the ground that he, being a native of ---------------------------------------------------------
the Philippines, of a Chinese father and a Filipino
mother Aznar v. Comelec (1990)
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— QUOTING A RELATED CASE: the Court hastened to add
another ground in support of the pronouncement that
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petitioner Roa is a Filipino citizen, and for that reason entitled — RENOUNCING OF FILIPINO CITIZENSHIP MUST BE EXPRESSED
When We consider that the renunciation needed to lose Philippine citizenship
to land and reside in the Philippines. The additional ground is must be "express", it stands to reason that there can be no such loss of
that the petitioner’s father having died in China in 1900, his Philippine 'citizenship when there is no renunciation either "'express" or
mother reacquired her Filipino citizenship which he being "implied".
under age followed upon the death of his father. The — DUAL ALLEGIANCE 1987 ONWARDS ONLY, AWAITS
concluding pronouncement in the decision of the case is, as EXECUTION 1987 Constitution that "dual allegiance of citizens
follows:chanrob1es virtual 1aw library The nationality of the is inimical to the national interest and shall be dealt with by
appellant having followed that of his mother, he was law"(Art. IV, Sec. 5) has no retroactive effect. Be it noted
therefore a citizen of the Philippine Islands on July 1, 1902, and further that under the aforecited proviso, the effect of such
never having expatriated himself, he still remains a citizen of dual citizenship or allegiance shall be dealt with by a future
this country. law. Said law has not yet been enacted.
— QUOTING A RELATED CASE: It appears that the petitioner in
the first case was born in San Pablo, Laguna, in July 1915, of a ---------------------------------------------------------
Chinese father and a Filipino mother, lawfully married, left for
China in 1925, and returned to the Philippines on 25 January
1940. The applicant in the second case was born in Jolo, Sulu,
on 8 May 1900, of a Chinese father and a Filipino mother.XXXX
Co v. HRET (1991)
they are presumed to be lawfully married. ---------------------------------------------------------
- Considering that the common law principle or rule of
jus soli obtaining in England and in the United States,
as embodied in the Fourteenth Amendment to the IMPORTANT FACTS
Constitution of the United States, has never been — Election becomes material because Section 2 of Article
extended to this jurisdiction (section 1, Act of 1 July IV of the Constitution accords natural born status to children
1902; sec. 5, Act of 29 August 1916); considering that born of Filipino mothers before January 17, 1973, if they
the law in force and applicable to the petitioner elect citizenship upon reaching the age of majority. There is
and the applicant in the two cases at the time of no dispute that the respondent's mother was a natural born
their birth is sec. 4 of the Philippine Bill (Act of 1 July
Filipina at the time of her marriage. Crucial to this case is
1902), as amended by Act of 23 March 1912, which
the issue of whether or not the respondent elected or chose
provides that only those "inhabitants of the Philippine
Islands continuing to reside therein who were to be a Filipino citizen.
Spanish subjects on the 11th day of April, 1899; and
then resided in said Islands, and their children born
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subsequent thereto, shall be deemed and held to
be citizens of the Philippine Islands," we are of the
opinion and so hold that the petitioner in the first — We have jurisprudence that defines "election" as both a
case and the applicant in the second case, who formal and an informal process. Exercise of the right of
were born of alien parentage, were not and are not, suffrage when he came of age, constitutes a positive act of
under said section, citizens of the Philippine Islands. election of Philippine citizenship
- me: Before 1973 constitution, the wife loses
citizenship by marriage to foreigner, this could be ---------------------------------------------------------
the reason why the children takes on the citizenship
of the father in the mentioned cases.
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— This decision does not divest of their Filipino citizenship
those who had been declared to be Filipino citizens, or upon
whom such citizenship had been conferred, by the courts
because of the doctrine or principle of res adjudicata.
Mercado v. Manzano (1999)
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— If all the native inhabitants residing in the Philippines on the
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