Citizens by election under the 1935 Constitution
(RA 9139) provides for the qualifications
- A child born of a Filipino mother who was
married to a foreigner, is born an alien and
remains an alien during his minority until he
elects Philippine citizenship, but no need to
elect Philippine citizenship if during his minority,
his mother reacquires her citizenship.
Citizens born on of after ratification of the 1973
Constitution
- Children of a female citizen Philippine citizen
without having to make an election
- A Filipina does not lose her citizenship by her
marriage to an alien.
- Illegitimate child follows the citizenship of the
mother, no need to elect Philippine citizenship.
NATURALIZATION
Meaning – the act of formally adopting a foreigner
into the political body of the State and clothing him
with the rights and privileges of citizenship.
Nature – citizenship is a matter of grace, favor or
privilege of the most discriminating, as well as
delicate and exacting nature, affecting as it does
public interest of the highest order, and which a
sovereign government may confer on, or withhold
from, an alien or grant to him under such conditions
as it sees fit without the support of any reason
whatsoever.
Construction – in case of doubt, should be resolved
in favor of the State and against the applicant for
naturalization.
3 ways of acquiring citizenship by naturalization:
1. Judicial Naturalization (judgment of the
court)
- the foreigner who will apply should do so
with the proper RTC
- must have all the qualifications and none
of the disqualifications provided by law
- must comply with the procedures and
conditions prescribed
2. Legislative Naturalization (direct act of
Congress)
- the lawmaking body simply enacts an act
directly conferring citizenship on a
foreigner
3. Administrative Naturalization (administrative
proceedings)
- Administrative Naturalization Law of 2000
and disqualifications of an applicant for
naturalization by administrative act.
4. Derivative Naturalization
- Foreign women who are married to
Filipino citizens may be deemed ipso facto
Philippine citizens and it is neither
necessary for them to prove that they
possess other qualifications nor submit
themselves to judicial naturalization.
Rights and Privileges of Filipino citizens:
1. Only qualified Filipino citizens can exercise
the right of suffrage
2. No person may be elected or appointed
(unless natural-born citizen) as:
- President or Vice-Pres
- Member of the Congress
- Member of the SC or any lower
collegiate court
- Member of any Constitutional
Commissions
- Member of central money authority
(BSP)
- Ombudsman or Deputy
Sec. 2. 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), Sec. 1
hereof shall be deemed natural-born citizens.
KINDS OF CITIZENS
1. Natural-born citizens:
a. Already citizens of the Philippines at
the moment of their birth.
b. Do not have to perform any act to
acquire or perfect his citizenship
except the 2nd sentence of Sec. 2.
(All citizens are
natural-born except those who are naturalized and
subsequently reacquired their citizenship; only act of
repatriation may allow a citizenship who lost his
citizenship to return to his former status of a natural-
born Filipino -SC)
2. Citizens at the time of the adoption of the
new Constitution
a. Those who are citizens of the PH
under the 1973 Constitution at the
 time of the adoption of the 1987 Alien Certificate of Registration and issue the
Constitution. certification of identification as Filipino citizen.
3. Citizens through election
a. Those born of Filipino mothers before A woman who married a foreigner and desires to be
January 17, 1973 who elect PH repatriated must show conclusive evidence that she
citizenship upon reaching age of is a Filipino citizen prior to marriage.
majority after 1973 Constitution
ratification. There is no law requiring or authorizing repatriation
4. Naturalized citizens – originally citizens of by judicial proceedings.
another country who through an act of
naturalization acquired new citizenship in a Sec. 4. Citizens of the Philippines who marry aliens
different country. shall retain their citizenship, unless by their act or
omission they are deemed, under the law, to have
Sec. 3. Philippine citizenship may be lost or renounced it.
reacquired in the manner provided by law.
An alien woman who marries a Filipino, natural-born
Ways by which citizenship may be lost: or naturalized, becomes a Filipina provided she is
1. Voluntary not disqualified to be a citizen of the PH under Sec.
a. Naturalization in a foreign country 4.
b. Express renunciation of citizenship
(Expatriation) – new and different
citizenship is assumed
c. Subscribing to an oath of allegiance
to support the constitution and laws of
a foreign country
d. Rendering service to, or accepting
commission in, the armed forces of a
foreign country (except certain
circumstances)
2. Involuntary
a. Cancellation of his certificate of
naturalization by the court
b. Declared by competent authority as a
deserter in the Philippine armed
forces in time of war.

Reacquisition of lost Philippine citizenship

1. By naturalization – provided there is no

disqualification as mentioned in the
naturalization law
2. By repatriation – RA 965, No. 2630, No.
81711 and RA 9225
3. By direct act of the Congress of the
Philippines

Repatriation – restoration of citizenship not a grant

of new citizenship, recovery of the original
nationality.

Done by taking the necessary oath of allegiance to

the Republic of the Philippines and registering it in
the proper civil registry in the place of his residence
or where he had last resided in the Philippines and
in the Bureau of Immigration which shall cancel the