ARTICLE 4:

CITIZENSHIP

Philippine citizenship is a gift that must be

deserved to be retained. The Philippines, for
all her modest resources compared to those
of other states, is a jealous and possessive
mother demanding total love and loyalty
from her children.
-Justice Isagani Cruz

What is Citizenship?
A term denoting membership in a political
community with full civil and political privilege and
this membership imply, reciprocally, a duty of
allegiance on the part of the member and duty of
protection on the part of the state.

This legal relationship involves rights and

obligations on the part of both the individual and the
state itself.

Who is a citizen?
A citizen is a person having the title of
citizenship. He is a member of democratic
community who enjoys full civil and political
rights and is accorded protection inside and
outside the territory of the State.

What is the distinction between citizenship

and nationality?
1. Citizenship is membership in a democratic or
political
community,
whereas
nationality
is
membership in any political community whether
monarchial, autocratic or democratic.
2. Citizenship follows the exercise of civil and political
rights whereas nationality does not necessarily carry
with it the exercise of political rights.
3. A person can be a citizen of one country and a
national of another.

8 U.S. Code 1408 - Nationals but not citizens of the United States at birth:
Unless otherwise provided in section 1401 of this title, the following shall be nationals,
but not citizens, of the United States at birth:
(1) A person born in an outlying possession of the United States on or after the date of
formal acquisition of such possession;
(2) A person born outside the United States and its outlying possessions of parents
both of whom are nationals, but not citizens, of the United States, and have had a
residence in the United States, or one of its outlying possessions prior to the birth of
such person;
(3) A person of unknown parentage found in an outlying possession of the United
States while under the age of five years, until shown, prior to his attaining the age of
twenty-one years, not to have been born in such outlying possession; and
(4) A person born outside the United States and its outlying possessions of parents one
of whom is an alien, and the other a national, but not a citizen, of the United States
who, prior to the birth of such person, was physically present in the United States or
its outlying possessions for a period or periods totalling not less than seven years in
any continuous period of ten years
(A) during which the national parent was not outside the United States or its
outlying possessions for a continuous period of more than one year, and
(B) at least five years of which were after attaining the age of fourteen years.

How is the term national distinguished

from nationality?
National is defined as a person who owes allegiance to

and is entitled to the protection of a given state,

regardless of the status under domestic law.
Nationality is often times use synonymously with
Citizenship. They are not exactly the same thing for the
first has a broader meaning than the second. All persons
are nationals, but not all are citizens of a state.
Citizenship implies complete possession of civil and
political rights in a body politics whereas the nationality
does not necessarily confer these rights.

Who is an alien?
An alien is a citizen of a country who is residing in or
passing through another country. He is particularly
called foreigner. He is not given the full rights of
citizenship but is entitled to receive protection as to
his person and property.

What are the general ways of acquiring

citizenship?
1. Involuntary Method
2. Voluntary Method

What are the involuntary ways of

acquiring citizenship?
1. By birth;
2. Through the change of sovereignty which result in
the acquisition by each individual of the ceded or
acquired territory of the citizenship under the new
sovereign in the absence of treaty stipulations to the
contrary;
3. Through direct legislative grant.

What are the two principles governing

acquisition of citizenship through
birth?
1.Jus Sanguinis means citizenship by virtue of
blood relationship. The children follow the
citizenship of the parents. This prevails in the
Philippines.
2.Jus Soli means citizenship by virtue of the place
of birth. A person becomes a citizen of the state
where he is born irrespective of the citizenship
of the parents. This principle prevails in the

What are the voluntary ways of acquiring

citizenship?
1. Through marriage which result in the acquisition by
the wife of the citizenship of the husband in case of
difference in citizenship of the parties, except when
the wife is barred from acquiring the citizenship of
the husband under the latters national law.
2. Through the election which is the acquisition of
citizenship after reaching the age of majority.
3. Naturalization of the head of the family which result
in the naturalization of the wife and the minor

The Court categorically declared in Moy Ya Lim Yao v.

Commissioner of Immigration:

Accordingly, We now hold, all previous decisions of this

Court indicating otherwise notwithstanding, that under
Section 15 of Commonwealth Act 473, an alien woman
marrying a Filipino, native born or naturalized, becomes ipso
facto a Filipina provided she is not disqualified to be a citizen
of the Philippines under Section 4 of the same law. Likewise,
an alien woman married to an alien who is subsequently
naturalized here follows the Philippine citizenship of her
husband the moment he takes his oath as Filipino citizen,
provided that she does not suffer from any of the
disqualifications under said Section 4.

As stated in Moy Ya Lim Yao, the procedure for an alien wife to formalize
the conferment of Filipino citizenship is as follows:

Regarding the steps that should be taken by an alien woman married to a

Filipino citizen in order to acquire Philippine citizenship, the procedure
followed in the Bureau of Immigration is as follows:
The alien woman must file a petition for the cancellation of her alien
certificate of registration alleging, among other things, that she is
married to a Filipino citizen and that she is not disqualified from
acquiring her husbands citizenship pursuant to Section 4 of
Commonwealth Act No. 473, as amended.
Upon the filing of said petition, which should be accompanied or
supported by the joint affidavit of the petitioner and her Filipino
husband to the effect that the petitioner does not belong to any of
the groups disqualified by the cited section from becoming
naturalized Filipino citizen, the Bureau of Immigration conducts an
investigation and thereafter promulgates its order or decision granting

Who are the citizens of the Philippines?

Section 1, Article 4 of the 1987 Constitution
provides that the following are deemed citizens of
the Philippines :
(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

Who are citizens of the Philippines at the time

of the adoption of the 1973 Constitution?
1. Those who are citizens of the Philippine islands at the time
of the adoption of the 1935 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;
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 the Philippine
citizenshipgoverns those who are born before the effectivity
of the 1973 Constitution;
5. Those who are naturalized in accordance with the law .

Who may elect Philippine citizenship under the

1935 Constitution?
Children born under the 1935 Constitution whose mothers were Philippine
citizens, at the time at least of their marriage to an alien father, may elect
Philippine citizenship. When must election be made? Election must be made
within a reasonable period after reaching the age of majority. 3 years is a
reasonable period, however, may be extended under certain circumstances
as when the person concerned has always considered himself a Filipino
citizen. [Dy Cuenco v. Secretary of Justice]

How is election made?

It must be expressed in a statement sworn before any officer authorized to
administer oaths and filed with the nearest civil registry and accompanied by
an oath of allegiance to the Philippine Constitution. [Comm. Act 625 (1941)]
However, participating in elections and campaigning for candidates, and
similar acts done prior to June 7, 1941, have been recognized as sufficient to

Who are considered as natural born

citizens?
Section 2 provides that:
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 of Article 4 of the
Philippine Constitution shall be deemed naturalborn citizens.

What is naturalization?
Naturalization is the legal act of adopting a
foreigner into the political body of the state and
clothing him with the rights and privileges of a
citizen. It implies the renunciation of a former
nationality and the fact of entrance to a similar
relation towards a new body politic.
A person may be naturalized either by complying
with both the substantive and procedural
requirements of a general naturalization law or he
may be naturalized by a special act of the
legislature.

Kinds of naturalization laws and procedures

1. General law of naturalization applied through a judicial process (Revised
Naturalization Law or Comm. Act 473 where both substantive and procedural
requirements must be met)
2. Special naturalization law, such as, an act of legislature
3. Mass naturalization lawPhilippine Bill of 1902 making all inhabitants of
the Philippine islands continuing to reside in them who were Spanish subjects
on April 11 1899 and then resided in said islands, Filipino citizens
4. General law of naturalization applied through a combination of
administrative process and presidential legislative process
5. Administrative Naturalization Law (Republic Act No. 9139) enacted in 2000

What are the qualifications for judicial

naturalization?
Under the Naturalization Law, and as provided in
Section 2, C.A. No. 473 (Judicial Naturalization), as
amended, the petitioner for naturalization is required
to possess the following qualifications:
1. The petitioner must not be less than 21 years old
on the date of the hearing of the petition.
2. The petitioner must have resided in the Philippines
for ten years, which should be continuous.

3. He must be of good moral character, and believes in the

principles underlying the Philippine Constitution, and must have
conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines.
4. The petitioner must own real estate in the Philippines worth
not less than P5,000 in the Philippine currency, or must have
some lucrative trade, profession, or lawful occupation.
5. The petitioner must be able to speak and write English or
Spanish and any one of the principal Philippine languages.
6. The Petitioner must have enrolled his children of school age
in any of the public schools recognized y the government where
the Philippine history, government, and civics are taught or
prescribed as part of the school curriculum during the entire
period of the residence required of him, prior to the hearing of

The residence requirement of ten years

is reduced to five years under any of the
following instances:
1. The petitioner has honorably held office under the
Government of the Philippines or under that of any political
subdivisions.
2. If the application has established a new industry or
introduced a useful invention in the Philippines
3. If the petitioner is married to female citizen of the
Philippines.
4. If the applicant had been a teacher in a public or
recognized private school not established for the exclusive

So v. Republic of the Philippines (G.R. No. 170603, 29

January 2007):

Petitioners contention that the qualifications an applicant for

naturalization should possess are those provided for in R.A. No.
9139 and not those set forth in C.A. No. 473 is barren of
merit.The qualifications and disqualifications of an applicant for
naturalization byjudicial actare set forth in Sections 2 and 4 of
C.A. No. 473.On the other hand, Sections 3and 4of R.A. No.
9139 provide for the qualifications and disqualifications of an
applicant for naturalization byadministrative act.

Indeed, R.A. No. 9139 was enacted as a remedial

measure intended to make the process of acquiring
Philippine citizenship less tedious, less technical and more
encouraging.It likewise addresses the concerns of degree

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.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 thePhilippines, 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
prescribeanothermode of acquiring Philippine citizenship which may be
availed of bynative born aliens.The only implication is that, a native
born alien has the choice to apply for judicial or administrative

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 thePhilippinesand 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
thePhilippinesandshould 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

When does an applicant for naturalization

become a Filipino citizen?
Upon taking the oath provided by law after satisfactorily
passing the period of probation How is the application
handed? It is handled through the Special Committee on
Naturalization. The Special Committee is composed of the
following:
1. Solicitor General as the Chairman;
2. Undersecretary of Foreign Affairs; and
3. Director of the National Intelligence Coordinating Agency.

Section 3. Philippine citizenship may be lost or reacquired

in the manner provided by law.
How may Filipino citizenship be lost?
A Filipino citizen may lose his citizenship in any of the following
ways:
1. Voluntary
A. By Naturalization in a foreign country
B. By express renunciation of citizenship
C. By subscribing to an oath of allegiance to support the
constitution and law of foreign country
D. By rendering service to or accepting commission in the
armed forces of a foreign country.

2. Involuntary
A. By cancellation of his certificate of
naturalization by the court
B. By having been declared by competent
authority a deserter of the Philippine armed
forces in times of war.

Can an individual be considered a

stateless person?
There

are certain instances wherein one can

become a stateless person.If a natural born
Filipino, becomes naturalized in another country, he
therefore automatically loses his citizenship.The
fact that he loses his foreign nationality does not
revert him back to becoming a Filipino and utmost
he is a stateless person.Since citizenship is a
priced
possession,
it
is
not
automatically
regained.

What may a person reacquire his

Filipino citizenship?
1. By naturalization
2. By repatriation
3. By direct act of congress

What is the law that governs retention

and acquisition of citizenship?
Republic Act No. 9225 otherwise known as the
Citizenship Retention and Re- Acquisition Act of
2003, which was approved in August 29, 2003,
specifically provides that natural born citizens of
the Philippines who have lost their Philippine
Citizenship by reason of naturalization as citizens
of a foreign country are deemed to have reacquired
Philippine citizenship upon taking an oath of
allegiance to the Philippine Republic

I, ___________, solemnly swear (or affirm) that I will

support and defend the Constitution of the
Republic of the Philippines and obey the laws and
legal orders promulgated by the duly constituted
authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority
of the Philippines and will maintain true faith and
allegiance thereto; and that I impose this obligation
upon myself without mental reservation or purpose
of evasion.

What is derivative citizenship under

R.A. 9225?
The unmarried child, whether legitimate,
illegitimate or adopted, below 18 years of age,
of those who reacquire Philippine citizenship
upon effectivity of the R.A. 9225 shall be
deemed citizens of the Philippines.

RETENTION AND ACQUISITION

OF CITIZENSHIP ,
CIVIL AND POLITICAL RIGHTS AND
LIABILITIES
Those who shall retain or re-acquire Philippine
citizenship under the Act shall enjoy full civil and
political rights and be subject to all attendant
liabilities and responsibilities under existing laws of
the Philippines and the following conditions:
1. Those intending to exercise their right of suffrage
must meet the requirement under Section 1, Article V
of the Philippine Constitution, RA 9189 otherwise
known as The Overseas Absentee Voting Act of 2003

2. Those seeking elective public office in the Philippines shall

meet the qualification for holding such public office as
required by the Constitution and existing laws and, at the
time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer
oath;
3. Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their
assumption of office. They must renounce their oath of
allegiance to the foreign country where they took that oath;
4. Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license

5. The right to vote or be elected or appointed

to any public office in the Philippines cannot be
extended to, those who: a. are candidates for or
are occupying any public office in the country of
which they are naturalized citizens; and/or b.
are in active service as commissioned or
noncommissioned officers in the armed forces of
the country of which they are naturalized.

What is the effect of the marriage of a

Filipino citizen to an alien?
Under Section 4, a Filipino citizen who marries an
alien does not automatically lose his or her
citizenship, even if his or her nationality was granted
by his or her husbands or wifes country. It is only by
their act or omission are they deemed under the law
to have renounced their citizenship such as taking an
oath of allegiance to a foreign country.
If a Filipino woman marries an alien and acquires her
husbands citizenship, she will possess two
citizenships, Philippine citizenship and that of her

Section 5. Dual allegiance of citizens is

inimical to the national interest and shall
be dealt with by law.
WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his state.
Section 5 prohibits more particularly naturalized
Filipinos from practicing what is called dual
allegiance declaring it inimical to national interests.
Note that what Section 5 prohibits is not dual
citizenship but dual allegiance of citizens. Dual
citizenship arises because our laws cannot control

What are the duties and obligations of

citizens?
1. To be loyal to the republic. Loyalty implies faith
and confidence in the republic and love and devotion
to the country.
2. To defend the State.
3. To contribute to the development and welfare of
the state.
4. To uphold the constitution and obey the laws.
5. To cooperate with the duly constituted
authorities.
6. To exercise rights responsively with due regards
to the rights of others.

FACTS: Fernando Poe Jr. (FPJ), presidential candidate in the

2004 national election, was born before January 17, 1973
out of wedlock to American Bessie Kelley and Allan
Fernando Poe, Sr. a Filipino citizen. Atty. Victorino Fornier
filed a petition to disqualify FPJ for not being a Filipino
citizen. Fornier argued that since FPJ is an illegitimate
child, he must follow the citizenship of his American mother.
QUESTION: Is the status of the child born under the terms
of the 1935 Constitution material in determining his
citizenship?
ANSWER: No. Under the 1935 constitution, those whose
fathers are citizens of the Philippines are Filipino citizens.
The provision makes no distinction between legitimate and
illegitimate children of Filipino fathers.

ARTICLE V
SUFFRAGE

SECTION 1. Suffrage may be exercised by

all citizens of the Philippines not otherwise
disqualified by law, who are at least
eighteen years of age, and who shall have
resided in the Philippines for at least one
year and in the place where they propose
to vote for at least six months immediately
preceding the election. No literacy,
property, or other substantive requirement
shall be imposed on the exercise of
suffrage.

MEANING OF SUFFRAGE
It is a right and obligation to vote of qualified
citizens in the election of certain national and
local officers of the government and in the
decision of public questions submitted to the
people.

NATURE OF THE RIGHT OF SUFFRAGE

1. A MERE PRIVILEGE. Suffrage is not a natural
right of the citizens by merely a privilege to be given
or withheld by the lawmaking power subject to
constitutional limitations. Suffrage should be
granted to individuals only upon the fulfillment of
certain minimum conditions deemed essential for
the welfare of society.
2. A POLITICAL RIGHT. In the sense of a right
conferred by the Constitution, suffrage is classified
as a political right, enabling every citizen to
participate in the process of government to assure

QUALIFICATIONS OF VOTERS
A person is qualified to vote if he is:
1. A citizen (male or female) of the Philippines;
2. Not otherwise disqualified by law ;
3. At least 18 years of age; and
4. Have resided in the Philippines for at least one (1)
year and in the place wherein he proposes to vote for
at least six (6) months preceding the election.

PERSONS DISQUALIFIED TO VOTE

1. Any person who has been sentenced by final judgment to
suffer imprisonment for not less than one (1) year, such
disability not having removed by plenary pardon or granted
amnesty. But such person shall automatically reacquire the right
to vote upon expiration of 5 years after service of sentence.
2. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime
involving disloyalty to duly constituted government such as
rebellion, sedition, violation of the anti-subversion and fire-arms
laws or any crime against national security unless restored to
his full civil and political rights in accordance with law. Such
person shall likewise automatically regain his right to vote upon
expiration of five (5) years after service of sentence.

THAT IN ALL THINGS,

GOD MAY BE GLORIFIED.