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Constitution Citizenship Atty Galeon
Constitution Citizenship Atty Galeon
character.
j) All other persons born in the Philippines who, on the strength of the erroneous recognition of the jus soli doctrine, were mistakenly declared by the courts to be Filipino citizens, unless they had lost their citizenship by May 14, 1935.
Nationality is membership in an ethnic, social, racial and cultural group, while citizenship is membership in a political society.
Comparison
1935 Constitution 1973 & 1987 Constitutions 1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. Those whose fathers or mothers are citizens of the Philippines.
Those who are citizens of the Philippine Islands 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 mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. Those who are naturalized in accordance with law.
2) 3)
Filipino Citizens
(under Par. 1, Sec. 1, Art. IV, 1935 Constitution a) Persons born in the Philippines who resided therein on April 11, 1899, and were Spanish subjects on that date, unless they had lost their citizenship on or before the adoption of the Philippine Constitution on May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916); b) Natives of Peninsular Spain who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and October 11, 1900, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916); Continuation. c) Spanish subjects who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and October 11, 1900, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916); d) Children born of (a), (b), and (c) subsequent to April 11, 1899, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916); e) Persons who became naturalized citizens of the Philippines in accordance with the formal procedure set for in the Naturalization Law since its enactment on March 1920 (Act No. 2927), unless they had lost their citizenship by May 14, 1935. f) Children of persons embraced under (e), unless they had lost their citizenship by May 14, 1935. g) Filipino women who, after having lost Philippine citizenship by marriage to foreigners, had subsequently become widows and regained Philippine citizenship on or before May 14, 1935. h) Children of (g), above, who were still under 21 years of age at the time their mothers regained Philippine citizenship. i) Foreign women who married Filipino citizens on or before May 14, 1935, provided that they themselves could be lawfully naturalized, provided further that they had not lost Philippine citizenship by May 14, 1935 and provided finally that their Filipino citizenship had been so declared by judgment of a court of justice in the proper naturalization or citizenship proceedings.
Those who elect Philippine citizenship pursuant to the provisions of the Constitution of 1935. (Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority) 4.) Those who are naturalized in accordance with law.
Provisions on Marriage
under the 1973 and 1987 Constitution
1973 Section 2, Article IV: A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship
1987 Section 4, Article IV: Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act of omission they are deemed, under the law, to have renounced it.
Natural-born Citizen
1973 Constitution Sec. 4, Art. IV: 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 Sec. 2, Art. IV: 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
Kinds of Citizens
under the 1987 Constitution
BY BIRTH Jus sanguinis citizenship by blood Jus soli citizenship by place of birth
g) Citizens or subjects of nations with whom the Philippines is at war, during the period of such war; h) Citizens or subject of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.
BY NATURALIZATION The act of formally adopting a foreigner into the political body of a nation by clothing him or her with privileges of a citizen.
Judicial Naturalization (Commonwealth Act No. 473, as amended by Republic Act No. 530) Administrative Naturalization (Administrative Naturalization under Republic Act No. 9139) Legislative Naturalization by Congressional Act.
Cancellation of Naturalization
a. b. c. d. e. (C.A. 473) If it is shown that said naturalization certificate was obtained fraudulently; If, within 5 years, he returns to his native country or to some foreign country and establishes residence there; provided, that 1-year stay in the native country, or 2-year stay in a foreign country shall be prima facie evidence of intent to take up residence in the same; Petition was made on an invalid declaration of intention; Minor children failed to graduate through the fault of the parents, either by neglecting to support them or by transferring them to another school; Petitioner allowed himself to be used as dummy.
1. 2.
3.
Section 18, C.A. No. 473 Upon motion made in the proper proceedings by the Solicitor General or his representative, or by the proper Provincial Fiscal, the competent judge may cancel the naturalization certificate.
4. 5.
Filing of the petition with the Special Committee on Naturalization; Publication of the pertinent portions of the petition once a week for three consecutive weeks in a newspaper of general circulation and posting of the petition in any public or conspicuous area, and furnishing copies thereof to the Department of Foreign Affairs, Bureau of Immigration and Deportation, Civil Registrar of petitioners place of residence, and the National Bureau of Investigation, which shall post copies of such petition in any public or conspicuous place in their buildings or offices; Within 30 days from receipt of their copies of the petition, the DFA, BID, LCR, and NBI will submit to the Special Committee on Naturalization a report stating whether or not petitioner has any derogatory record on file, or any such relevant and material information which might be adverse to petitioners application for citizenship. If there is any adverse report, the Committee shall allow the petitioner to answer, explain, or refute the same; The committee shall then approve or deny the petition; If petition is granted, the petitioner shall take an oath after 30 days from approval and after payment of P100,000.00
Effect of Denaturalization
If the ground of the denaturalization affects the intrinsic validity of proceedings, the denaturalization shall divest the wife and children of their derivative naturalization. If the ground was personal to the denaturalized Filipino, his wife and children shall retain their Philippine Citizenship.
Wife and minor children of the applicant may file a petition for cancellation of their alien certificates of registration with the Special Committee on Naturalization. But if the applicant is a married woman, the approval of the petition shall not benefit her alien husband, although her minor children may avail of the right to seek cancellation of their alien certificate of registration.
Administrative Naturalization
(R.A. 9139) QUALIFICATIONS: Applicant must be: 1) Born in the Philippines and residing therein since birth; 2) Not be less than 18 years of age at the time of filing his/her petition; 3) Be of good moral character and believes in the underlying principles of the Constitution and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines and in his relations with the duly constituted government as well as with the community in which he/she is living; 4) Have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrolment is not limited to any race or nationality, provided that should he/she have minor children of school age, he/she must have enrolled them in similar schools; 5) Have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and that of his/her family; provided that this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship; 6) Be able to read, write and speak Filipino or any of the dialects of the Philippines; and 7) Have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people.
3. 4.
1) The Philippines has a defensive and/or offensive pact of alliance with the said foreign country; 2) The said foreign country maintains armed forces in Philippine territory with the consent of the Republic of the Philippines. e) By cancellation of the certificate of naturalization; f) By having been declared by competent authority a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted.
1.
2. 3.
Under R.A. 9225 by taking the oath of allegiance required of the former natural-born Filipinos; By naturalization By repatriation
R.A. 965 for those who rendered service to, or accepting commission in, the armed forces of an allied foreign country during the war. R.A. 2630 for persons who lost citizenship by rendering service to, or accepting commission, in the armed forces of the United States. P.D. 725 - for Filipino women who lost citizenship by marriage and for natural-born Filipinos. R.A. 8171 - For Filipino women who lost their citizenship by reason of marriage to aliens and for former natural-born who lost Filipino citizenship on account of political or economic necessity. 4. By direct act of Congress
Dual Citizenship/Allegiance
Section 5, Article V, 1987 Constitution Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.