Definition

› membership in a political or
democratic community
*possession of full civil and
political rights
subject to:
- constitutional and statutory
limitations
 1. jus soli – right of soil – place of birth

2. Jus Sanguinis – right of blood – relationship

with parents

3. Naturalization – adopting a foreigner, giving

him with the privileges of a native - born
 Treaty of Paris

Those residing within the territory from

the time U.S. acquired dominion from
Spain, are citizens thereof.

-
 All persons born in the Philippine
territory
 Those of Filipino mothers or fathers
 Naturalized foreigners
 Those, while not naturalized, have
acquired domicile within the territory
 All inhabitants of the Philippine Islands
who were Spanish subjects on April 11,
1899, resided in the islands, and their
children subsequent thereto are
citizens of the Philippine Islands unless
they have elected to preserve
allegiance to the Crown of Spain in
accordance with the Treaty of Paris
 On May 1934, L was born in NT,
Australia. Her father was born in Daet,
Camarines Norte on January 5, 1879,
while her mother was an Australian. Is
L a Filipino citizen?

 If the grandfather of FPJ(Lorenzou Pou) died

in 1954 at the age of 84 in San Carlos City,
what is the significance these records
have, to the citizenship of FPJ who was born
under the 1935 Constitution? (Tecson vs.
COMELEC, March 3,2004)
 Prior to the 1935 Constitution,
the governing laws were the
Philippine Bill of 1902 and later
on, in 1916 the Jones law. Under
these laws, all inhabitants on
April 11, 1899 and resided in the
lands, including their children
born subsequent thereto, were
deemed to be Philippine citizens.
 Suppose,A was born in 1930 of Syrian
parents who came to the Philippines in
1921 and resided thereat. Under the
laws prevailing during the period,
should he be considered a Philippine
Citizen?

 What if, his father was already in the

Philippine Islands in 1898 and her
mother came to the country in 1921.
Would that make any difference?
 Those born on or after
August 29, 1916, and prior to
May 14, 1935 and at least one
(1) parent was inhabitant and
resident of the Philippine
Islands on April 11, 1899, are
considered Philippine Citizens
by birth.
 Those born in the Philippine Islands of
foreign parents before its adoption, and had
been elected to public office (Caram
provision)
 Fathers are citizens of the Philippines
 Mothers are citizens of the Philippines, and
upon reaching the age of majority elected
Philippine Citizenship
 Those naturalized in accordance with law
 Election of Philippine citizenship will only
apply if the child is legitimate; otherwise,
the child shall take the citizenship of his
known parent, his mother, thus making him
a Filipino by birth (Republic vs. Chule
Lim,January 13, 2004)

How? Can be expressed in a statement

signed and sworn to by the party before
any official authorized to administer oath
and must be filed before the nearest Local
Civil Registry, attached thereto also his
Oath of Allegiance.(Sec 1 CA 625)

- within three years from majority unless

delay is justified (Sec. of Justice,
opinion,1948; Cuenco vs. Sec. of Justice, 5
SCRA 110)
 Implied Election – informal manifestations other
than a sworn statement, such as, by exercising
his right of suffrage, when he came to age,
participated in elections and campaign for
candidates (Mallari, 59 SCRA 45,)

 HOWEVER, this circumstance was allowed

considering those acts were done prior to June
7, 1941 the date where CA 625 was enacted
that provides for the procedure in making
election. The same was also allowed
considering Mallari was born before the 1935
Constitution, thus, the procedure for electing
citizenship are still inapplicable
 Thus, where election of Philippine
citizenship is done 14 years after
attaining the age of majority is way
beyond the contemplation of the
requirement of electing “upon reaching
the age of majority”, anyway, election is
never a tedious process.(Application for
Admission to the Philippine Bar, Vicente
Ching, Bar Matter No. 914, October 1,
1999.)
 Citizens at the adoption of the constitution
 Fathers or mothers are citizens
 Those who elected Philippine Citizenship
pursuant to 1935 constitution
 Naturalized in accordance with law
 Female citizen who marries an alien retains her Philippine
citizenship, unless by her act or omission, she is deemed,
under the law, to have renounced her citizenship
 But, election under this constitution does not make one a
natural born Filipino citizen
Art. IV, Section 1-
 Those citizens at the time of its adoption
 Those whose fathers or mothers are citizens
 Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority
 Those naturalized in accordance with law
 Note: The Philippine citizenship of
the child born of Filipino mother or
father is never affected simply
because the nationality law of his
alien parent makes him also a
citizen of his country, anyway,
dual citizenship is, by
jurisprudence, allowed;
Such as:
 Born of Filipino fathers and/or mothers in
foreign countries which follows the principle
of jus soli;

 Born in the Philippines of Filipino mothers and

alien fathers if by the laws of their fathers’
country such children are citizens;

 Those who marry foreigners, if by the laws of

the latter’s country, the former are
considered citizens, unless by their act or
omission they are deemed to have
renounced Philippine citizenship (Gaudencio
Cordova vs. COMELEC, February 19, 2009)
 Note: Considering we adhere to
jus sanguinis principle under the
present charter, it does not make
one a Filipino just because he was
born in the Philippines and has
been residing thereat for so long
a time already. Neither will make
him an alien simply because
 he was born outside the
 Philippines.
 Direct, or
 Derivative

 Naturalization laws:
- Commonwealth Act. No 473 (June 17, 1939)
Revised Naturalization Law – Judicial Naturalization
- Republic Act No. 9139 (June 8, 2001)
Administrative Naturalization Law – Administrative
Naturalization
- Special naturalization by Congress
- Letter of Instruction 270(April 11, 1975),
by Pres. Marcos)
 Commonwealth Act No. 473 –Revised
Naturalization Law
* before the proper Regional Trial Court
Requirements:
Age – 21
Residence – 10 years but may be
reduced to 5, if
a) married a Filipina
b) held office under government or any or political
subdivision
c) engaged as teacher in public or private school for
at least two years
d) born in the Philippines
4. Good Moral Character:
Believes in the principles
underlying the Constitution;
conducted himself in
reproachable manner

5. Real Estate and Occupation

Remember:
In United Church Board for World Ministries vs.
Sebastian, the Court reiterated the consistent ruling
in a number of cases that is a land invalidly
transferred to an alien who subsequently becomes a
Filipino, or transfers it to a Filipino, the flaw in the
original transaction is considered cured and the title
of the transferee is rendered valid.
xxxxxxxxxxxx
The rationale behind the Court’s ruling xxx, is
this,,-since the ban on aliens is intended to preserve
the nation’s land for future generations of Filipinos,
the aim is achieved by making lawful acquisition of
real estate by aliens to Filipino citizen. As the
property in dispute is already in the hands of a
qualified person, a Filipino citizen, there would be no
more public policy to be protected. The objective of
the constitutional provision to keep our lands in
Filipino hands has been achieved.(Camilo Borromeo
vs. Antonieta Descallar, February 24, 2009)
 6. Must be able to speak and write English or Spanish or
anyone of the principal languages

 7. Enroll his minor children of school age, in any of

private schools and recognized by the government

*The inability of the petitioner to bring his child into

the Philippines upon her attaining school age did not
excuse him from complying with the education
requirement. Thus where four of the his children have
always resided in China, and therefore, have never had
any schooling in this country, the Court held that “there is
failure to comply with the requirement. That it was
impossible for the applicant to comply with the
requirement due to financial difficulties or due to the
strictness of the immigration authorities is not a valid
excuse. The requirement is mandatory and non
compliance therewith is fatal for naturalization petition.
( Lim Chui Tian vs. Republic. G.R. L-26602; April 25, 1969)
 Disqualifications:
• Opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all organized
government;

• Persons defending or teaching the propriety of violence, personal assault,

or assassination for the success and predominance of ideas;

 Polygamists or believers in the practice of polygamy(should be interpreted

in the context of the law of the country of origin)

 Persons convicted of a crime involving moral turpitude

 Persons suffering from mental alienation or incurable disease

 Those, who, during the period of their residence in the Philippines, have not
mingled socially with Filipinos or who have not evinced a sincere desire to
learn and embrace customs, traditions and ideals of Filipinos

 Citizens or subjects of nations with whom the Philippine is at war

Doctrine of Indelible allegiance – retention of original nationality even if
he has already renounced or forfeited the same, particularly, if the
country where he wants to be a national is at war with the Philippines.
(People vs. Manayaoi, et.al, 78 Phil. 721)

* Citizens or subject of foreign country whose laws do not grant Filipinos the
right to be naturalized thereat (Principle of Reciprocity)
* Procedural:
1. Filing of Declaration of Intention – at least one year prior to filing
a. born in the Philippines; have received his primary and secondary in
the Philippines
b. have continuously resided in the Philippines for a periods of thirty
years or more;
c. widow or minor children of an alien who has declared his intention
to become citizen of the Philippines and dies before he was
actually naturalized

2. Filing of the petition with the Regional Trial Court of the Province where he
was a resident for a period of at least one year.
3. Publication
4. Hearing
Note: “There are two prohibited periods that must be reckoned with
section 9 and 10 of CA 473. Section 9 provides that the notice must set forth,
inter alia,”the date of the hearing of the petition, which hearing shall not be
held within six months from the date of the last publication of the notice.”
Section 10, on the other hand, provides that “no petition shall be heard within
thirty days preceding any election.“( Republic vs. Tang;G.R. No. 144742;
November 11, 2004)

5. Decision – will become final after the lapse of thirty days from receipt
thereof by the Office of the Solicitor General
6. Summary hearing after 2 years
7. Oath taking and Issuance of Certificate Naturalization
8. Cancellation of Alien Certificate of Registration before the BID
 Naturalization of the husband will affect the foreigner-
wife, if she may also be naturalized (Moy Ya vs. Lim vs.
Commission on Immigration

 Likewise, will benefit the minor children

Rules:
-if born in the Philippines or outside of the Philippines, but living
here, at the time of the naturalization – Filipino;

-if born abroad and not in the Philippines at the time of

naturalization, citizen only during his minority, unless he begins
to reside in the Philippines while still a minor;

-if born abroad, after naturalization, shall be considered

Filipino, provided, within one year upon attaining the age of
majority, registers as Filipino before Philippine Consulate and
takes oath of allegiance.
 File with the Special Committee on Naturalization
Composed of :
Solicitor General – chairman
Sec. of Foreign Affairs, or his representative – member
National Security Adviser – member

Qualifications (same as CA 473)

except: Age – at least 18 years old
Residence – continuously in the Philippines since birth
Have a known trade, business, profession, or lawful occupation,
from which he derives income sufficient for his support and of his
family; note; this shall not apply to applicants who are degree holder
but are unable to practice their profession because they are
disqualified to do so by reason of their citizenship
 1. Filing with the Committee
 2. Publication
 3. Furnish copies of the petition to:
 Department of Foreign Affairs (DFA)
 Bureau of Immigration (BI)
 Local Civil Registrar (LCR)
 National Bureau of Investigation (NBI)
 4. Report of said agencies
 5. Approval or Disapproval of the Petition
 6. Issuance of Certificate of naturalization
 7. Oath taking
 8. Cancellation of Alien Certificate of Registration
 Made false statement or make misrepresentation, or committed
violation of law or rule in connection with petition or frau8dulently
acquired Philippine Citizenship;
 Within 5 years shall establish permanent residence in the foreign
country
 Allowed himself, or his wife, or child to be used as dummy;
 If he, or his wife or child committed acts inimical to national security

 EFFECTS OF DENATURALIZATION

IF INTRINSIC, AS THE ACT WOULD HAVE BEEN RESULTED TO THE

DISAPPROVAL OF THE PETITION – AFFECTS NOT ONLY THE
NATURALIZED BUT ALSO THOSE WHO BENEFITTED, HOWEVER, IF THE
ACT, IS PERSONAL TO THE NATURALIZED, LIKE, FAILURE TO ABIDE BY
THE CONDITIONS REQUIRED OF HIM TO DO, SHALL NOT AFFECT
DERIVATIVE CITIZENSHIP
 If one is born of alien father who was married to a natural born
Filipina, and during his minority, his father was naturalized. Is he
required to elect Philippine Citizenship upon reaching the age of
majority? Is he a natural born Filipino that will allow him to run in
Congress?
 Answer: An election of Philippine Citizenship presupposes that
the person electing is an alien. Or, his status is doubtful because he is
a national of two countries. There is no doubt in this case about Mr.
Ong’s being a Filipino when he turned 21. We repeat that any
election of Philippine Citizenship would not only have been
superfluous but it would also have resulted in an absurdity. How can
a Filipino citizen elect Philippine citizenship. The respondent HRET has
an interesting view as to how Mr. Ong elected citizenship. It
observed that “when protestee was only 9 years old, his father, Jose
Ong Chuan became a naturalized Filipino. Section 15 of Revised
Naturalization Law squarely applies its benefit to him for he was them
a minor residing in this country. Concededly, it was the law itself that
had already elected Philippine citizenship for protestee by declaring
him as such. (Co vs. HRET, G.R. 92191-92, July 30, 1991)
 Facts:
After the Regional Trial Court granted the petition for
naturalization of Mr. A, the State appealed, attaching as
annexes to the state’s appellant’s brief were documents not
presented and were never offered at the trial court, thus,
petitioner, argued that it violated the Rules of Court
particularly on the Rule 132 that no evidence shall be
admitted unless the same has been formally offered. Is the
contention tenable?

 Answer:
No. The Rule on formal offer of evidence is clearly not
applicable to the present case involving petition for
naturalization. Rule 143 Section 13 of the Rules, provides,
among others, “these rules shall not apply to xxxxx
naturalization and xxxxx proceedings,xxxx.” Decisions in
Naturalization proceedings are not covered by the rule on res
judicata. Consequently, a final favorable judgment does not
preclude the State from later on moving for the revocation of
the grant of naturalization on the basis of the same
documents. (Chia vs. Republic, G.R. No. 12740, March 27,
2000)
 Suppose, the State did not appeal the
decision granting naturalization, may action for
the revocation of the same be still warranted?

Answer. Yes. Despite the fact that the

decision in a naturalization case has become
final, no appeal having been taken therefrom,
such decision may still be later revoked where
there were irregularities or defects of such
nature as to affect the jurisdiction of the Court,
and, hence, the validity of the of the decision.
In this sense, a judgment granting naturalization
is never final. (Cua Sunke vs. Republic, G.R. No.
L-29674, April 8, 1988)
 The qualification of Ms. L to be representative of her
district was questioned on the ground that she is not a natural
born citizen because her parents were Chinese at the time of
her birth. Proponents claimed that the proceedings for the
naturalization of her father never attained finality due to
procedural and substantial defects, thereby assailing already
the citizenship of her father. Is it proper?

 Answer: No. the proper proceeding should be in

accordance with Section 18. Cancellation of naturalization
Certificate Issued – “Upon motion made in the proper
proceedings by the Solicitor General of his representative, or
by the proper provincial fiscal, the competent judge may
cancel the naturalization certificate issued and its registration
in the Civil Register. .xxx
In other words, the initiative must come from these
officers. xxx it is not a matter that may be raised by private
persons in an election case involving the naturalized citizen’s
descendants. (Limkaichong vs. COMELEC. G.R. 179120 July 29,
2009)
Commonwealth Act No. 63 -
Section 1. How citizenship may be lost
1. By naturalization in a foreign country
2. By express renunciation
3. By subscribing to an oath of allegiance to support the
constitution or laws of a foreign country upon attaining twenty
–one years or more
4. By rendering services to, accepting commission in, the armed
forces of a foreign country, provided, will not divest him of his
citizenship, if done with the consent of the Republic, provided;
a) The Philippines has a defensive or offensive pact of alliance with
the said foreign country
b.) Said foreign country maintains armed forces in the Philippine
territory with the consent of the Republic, but shall not permitted
participate nor to vote in any election, during the period of his
services.
5. By cancellation of the certificate of naturalization
6. Having declared as deserter of the Philippine armed forces in
time of war, unless subsequently, a plenary pardon or amnesty
has been granted; and
7. In case of a woman, upon marriage to a foreigner if, by virtue of
the laws in force in her husband’s country, she acquires his
nationality.
Citizenship may be reacquired

› By naturalization
› By Republic Act No. 9225
Citizenship Retention and
Reacquisition Act of 2003