Philippine Citizenship Laws Citizen vs. Subject vs. National Citizen person is a member of a democratic/political community.

. Such membership is personal and more or less permanent in character. Subject members of non-democratic community or monarchical community. National it is used interchangeably with citizen and it is more racial in concept. Membership in ANY class or form of political community. It does not necessarily include the right or privilege of exercising civil or political rights. Why do we need to know who are citizens? A citizen enjoys rights and privileges. Ex. Political rights, right to information, right to private land In Private International Law 3 usual modes of acquiring citizenship: 1. By Birth 2 principles: a. Jus Soli child becomes citizen of the place of his birth b. Jus Sanguinis Place of birth is irrelevant, it pertains to the citizenship of parents 2. Naturalization 3 concepts: a. Judicial Naturalization involves naturalization by lower courts or in RTC b. Naturalization involves naturalization by a special committee. It is applicable to all. It is applicable only those born in the Philippines. c. Congressional Naturalization involves naturalization by Congress. This is discretionary on the part of Congress. It is usually conferred on an alien who has made outstanding contributions to the country. 3. Marriage in Philippines, no one acquires citizenship by virtue of marriage In Philippines we follow jus sanguinis In America jus soli Principle of Effective Domiciliary Theory acts and personal laws of child who is stateless, domiciliary of a child. NATURALIZATION Modes of Naturalization 1. Direct: Citizenship is acquired by a. Individual through judicial and administrative proceeding b. Special acts of legislature c. Collective change of nationality d. Adoption of orphan minors as nationals of the state where they are born 2. Derivative: Citizenship conferred on a. Wife of naturalized husband b. Children of naturalized person c. Alien woman upon marriage to a national Doctrine of indelible allegiance an individual may be compelled to retain his original nationality even if he has already renounced or forfeited it under the laws of the State whose nationality he has acquired Direct Naturalization under Philippine laws has 3 ways: a. Judicial Naturalization under C.A. No. 473 b. Administrative Naturalization under R.A. 9139 c. Legislative Administration Modes Applied in the Philippines a. By Birth jus sanguinis b. Naturalization Res judicata once a decision that is final and executory, it becomes binding 1935 Constitution bias for men Natural-born citizens. Those who are citizen of the Philippines from birth without having to perform any act acquire or perfect their Philippine citizenship. Those who elect Philippine Citizenship shall be deemed naturalborn citizens. (Sec. 2, Art. IV) Marriage by Filipino to an alien - Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under law to have renounced it (Sec.4. Art IV). Attack in ones citizenship can be made only through a direct, not a collateral proceeding. (Co. vs. HRET) Citizenship Laws and Important Dates

1. Before April 11, 1899. (Treaty of Paris). No citizen of the Philippines to speak of (only Spanish subjects). 2. From April 11, 1899 to July 1, 1902 (Philippine Bill of 1902) citizenship was governed by jus soli (as it was and still is the one followed by the United States).

3. On July 1, 1902, the Philippine Bill of 1902 defines citizens of the Philippines as those who were (1) Spanish Subjects (natives, born in Phils. or migrated or otherwise) on April 11, 1899 (including their children born thereafter, (2) who remain inhabitants of the Philippines and (3) did not become citizens of another state, (excluding those who declared to remain under Spain). Mass Naturalization Law. Philippine Bill of 1902 IT IS AN ACT TEMPORARILY TO PROVIDE FOR THE ADMINISTRATION OF THE AFFAIRS OF CIVIL GOVERNMENT IN THE PHILIPPINE ISLANDS AND FOR OTHER PURPOSES. Sec. 4. That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in the Philippine Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight. (Sec.4, Philippine Bill of 1902). 4. On August 29, 1916, Jones Law of 1916 reiterated Philippine Bill of 1902. Mass Naturalization. Section 2. That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninetyeight, and except such others 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 cannot 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. (Sec.2, Jones Law of 1916). 5. On March 26, 1920. Act No. 2927 (Old Naturalization Law) was enacted. 6. On May 14, 1935. The 1935 Constitution took effect which provided for jus sanguinis but only those born of Filipino Father can be Filipinos by birth. Those born Filipino mother and alien father had to elect Philippine citizenship upon reaching the age of majority (meaning the child was alien during minority) but decisions of courts still applying jus soli in certain cases would have to be respected because of res judicata. 7. June 7, 1939. CA No. 473 (new Naturalization Law) took effect. It encompasses Judicial Naturalization. CA No. 473 JUDICIAL NATURALIZATION covers aliens regardless of class. Section 1. Title of Act. This Act shall be known and may be cited as the "Revised Naturalization Law." Section 2. Qualifications. Subject to section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization: First. He must be not less than twenty-one years of age on the day of the hearing of the petition; Second. He must have resided in the Philippines for a continuous period of not less than ten years; Third. 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 in his relation with the constituted government as well as with the community in which he is living. Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation; Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education1 of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period PROCEDURE: a. Filing of a declaration of intention 1 yr prior to filing a petition. Exempted: A1. Born in the Phils. And have primary and secondary education A2. Resided in the Phils. For 30 years or more before filing the petition and enrolled his children in elementary and high school recognized by government A3. Widow and minor children of an alien who died before he is actually naturalized. b. Filing of petition c. Publication of Petition C1. Petition and notice must be published C2. Publication must be made once a week for 3 consecutive weeks C3. Publication must be in Official Gazette or in a newspaper of general circulation

d. e. f. g. h.

Actual residence on the Philippines during the entire proceeding Hearing of the petition Promulgation of the decision Hearing after 2 years Oath taking and issuance of the Certificate of Naturalization

EFFECTS of NATURALIZATION a. Vest citizenship on wife if she is may be lawfully naturalized b. Minor children born in the Philippines before naturalization shall be considered citizens of he Phils. c. Minor child born outside Phils. Who was residing in Phils. At the time of naturalization shall be considered citizen of he Phils. d. Minor Child born outside the Philippines before the parents naturalization shall be considered citizen of he Phils. only during minority unless he resides in the Phils. e. Child born outside after parents naturalization shall be considered a citizen if he registers before a Philippine Consulate within one year after attaining age of majority. DENATURALIZATION: grounds a. Naturalization certificate is obtained fraudulently or illegally b. If within 5 years, he returns to his native country and stay 1 or 2 years c. Petition was made on an invalid declaration of intention d. Minor children failed to graduate or transfer school due to the parents neglecting to support them e. Allowed himself to be used as a dummy 8. June 7, 1941, CA No. 625 (Procedure for Electing Philippine Citizenship) was enacted providing for the matter of electing Philippine citizenship as required by the 1935 Constitution (sworn statement to be filed with the civil registry accompanied by oath of allegiance to the Constitution and Government. COMMONWEALTH ACT No. 625 AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN Be it enacted by the National Assembly of the Philippines: Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the Constitution1 shall be expressed in a 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 the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines. Section 2. If the party concerned is absent from the Philippines, he may make the statement herein authorized before any officer of the Government of the United States2 authorized to administer oaths, and he shall forward such statement together with his oath of allegiance, to the Civil Registry of Manila. Section 3. The civil registrar shall collect as filing fees of the statement, the amount of ten pesos. Section 4. The penalty of prision correccional, or a fine not exceeding ten thousand pesos, or both, shall be imposed on anyone found guilty of fraud or falsehood in making the statement herein prescribed. Section 5. This Act shall take effect upon its approval. Procedure for election: Election is expressed in a statement to be signed and sowrn by the party concerned before any official authorized o administer oaths. Statement to be filed with the nearest Civil Registry. The statement is to be accompanied with the Oath of Allegiance to the Constitution and the Government of the Philippines. (Sec. CA. 625) When to elect: Within three years from reaching the age of majority except when there is a justifiable reason for delay. Right to elect is available to : a Child as long as his mother was a Filipino citizen at the time of her marriage to the alien 9. The 1973 Constitution took effect on Jan. 17, 1973 which makes jus sanguinis fully applicable (to either father/mother). It also recognized as natural born those who elect Philippine citizenship under 1935 Constitution. 10. 1987 Constitution took effect Feb. 2, 19087 adopting the same provisions in 1973 Constitution 11. Republic Act. No. 9139 was enacted on June 8, 2001 who provides for Administrative Naturalization on certain cases. The Administrative Naturalization Law This law would grant Philippine Citizenship by administrative proceedings to aliens born and residing in the Philippines. It covers native-born aliens who lived in the Philippines all their lives, who never saw any other country and all along thought they were Filipinos, who have demonstrated love and loyalty to the Philippines and affinity to the Filipino customs and traditions. The intention of enacting RA 9139 was to make the process

of acquiring Philippine citizenship less tedious, less technical, and more encouraging. What the legislature have in mind was to prescribe another mode of acquiring Philippine citizenship which may be availed of by the 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. Special Committee: composed of Solicitor Gen., Sec. of Foreign Affairs or his representatives and National Security Adviser in which all has the power to approve, deny or reject applications for naturalization under this Act. 12. R.A. No. 9225 (citizenship retention and re-acquisition act of 2003) was enacted on August 29, 2003. Republic Act No. 9225 August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT. AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003." Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, naturalborn citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the Republic: "I _____________________, solemny swear (or affrim) 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 imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion." Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines. Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this 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 surffrage must Meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws; (2) Those seeking elective public 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 an 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: Provided, That they renounce their oath of allegiance to the 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 or permit to engage in such practice; and (5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or 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 non-commissioned officers in the armed forces of the country which they are naturalized citizens. Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspaper of general circulation. LOSS OF CITIZENSHIP a. By Naturalization b. By express renunciation of citizenship c. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining 21 years of age. d. By rendering service to or accepting commission in the armed forces of a foreign country. 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. REACQUISITION OF CITIZENSHIP a. Under RA 9225. By taking an oath of allegiance required of former natural-born Philippine citizens who may have lost their Philippine citizenship by reason of their acquisition of the citizenship of a foreign country. b. By naturalization provided that the applicant possesses none of the disqualifications c. By repatriation of deserters of the Army, Navy or Air Corps, provided that a woman who lost their citizenship by reason of her marriage o an alien may be repatriated in accordance with the provisions of this Act after the termination of the marital status.