CONSTITUTIONAL LAW I | Notes ni Treeng|1

1935 Constitution 1973 Constitution 1987 Constitution

Who are citizens of ARTICLE IV
the Philippines? Citizenship
Section 1. The following are citizens of the
Philippines:
(1) Those who are citizens of the Philippine Islands
at the time of the adoption of this 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.
ARTICLE III
Citizenship
Section 1. The following are 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 and mothers are citizens of the
Philippines.
(3) Those who elect Philippine citizenship pursuant to the
provisions of the Constitution of nineteen hundred and
thirty-five.
(4) Those who are naturalized in accordance with law.
Section 1. The following are 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 law.

(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 Philippine citizenship.

(5) Those who are naturalized in accordance with

law.
Who is a natural-born Section 4. A natural-born citizen is one who is a citizen of Section 2. Natural-born citizens are those who are
citizen? the Philippines from birth without having to perform any act citizens of the Philippines from birth without having to
to acquire or perfect his Philippine citizenship. 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.
How is PH citizenship Section 3. Philippine citizenship may be lost or reacquired Section 3. Philippine citizenship may be lost or
lost? in the manner provided by law. reacquired in the manner provided by law.

Effect of marriage to Section 2. A female citizen of the Philippines who marries Section 4. Citizens of the Philippines who marry aliens
an alien an alien retains her Philippine citizenship, unless by her act shall retain their citizenship, unless by their act or
or omission she is deemed, under the law, to have omission, they are deemed, under the law, to have
renounced her citizenship renounced it.

RA 9139 ("The Administrative Naturalization Law of 2000.")
Who are qualified to be Section 3. Qualifications:
naturalized?
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of
his/her petition;
(c) The applicant must 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 in his
relation with the duly constituted government as well as with the community in which
he/she is living;
(d) The applicant must have received his/her primary and secondary education in any
public school or private educational institution dully recognized by the Department of
Education,
xxx;
(e) The applicant must have a known trade, business, profession or lawful occupation,
from which he/she derives income sufficient for his/her support and if he/she is married
and/or has dependents, also that of his/her family: Provided, however, 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;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of
the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to
learn and embrace the customs, traditions and ideals of the Filipino people.
Who are disqualified to Section 4. Disqualifications
be naturalized as
Filipino citizens? (a) Those opposed to organized government or affiliated with any association of group of
persons who uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault
or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
CONSTITUTIONAL LAW I | Notes ni Treeng|2
C. A. No. 473 (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 of the residence in the Philippines required of him prior to the
hearing of his petition for naturalization as Philippine citizen.
Section 4. Who are disqualified. - The following cannot be naturalized as
Philippine citizens:
Persons opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all organized
governments;
Persons defending or teaching the necessity or propriety of violence, personal
assault, or assassination for the success and predominance of their ideas;

(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) 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 the
customs, traditions and ideals of the Filipinos;
(g) Citizens or subjects with whom the Philippines is at war, during the period of such war;
and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to
be naturalized citizens or subjects thereof.
Duty of Bureau of Section 10. Duty of the Bureau of Immigration. - Within five (5) days after the applicant
Immigration has taken his oath of allegiance as required in the preceding section, the BI shall forward
a copy of the petitioner's oath to the proper local civil registrar. Thereafter, the BI shall
cancel the alien certificates of registration of the applicant.
What is the status of Section 11. xxx applicant's alien lawful wife and minor children may file a petition for
Alien Wife and Minor cancellation of their alien certificates of registration with the Committee subject to the
Children? payment of the filing fees.
CONSTITUTIONAL LAW I | Notes ni Treeng|3
Polygamists or believers in the practice of polygamy;
Persons convicted of crimes involving moral turpitude;
Persons suffering from mental alienation or incurable contagious diseases;
Persons who, during the period of their residence in the Philippines, have not
mingled socially with the Filipinos, or who have not evinced a sincere desire to
learn and embrace the customs, traditions, and ideals of the Filipinos;
Citizens or subjects of nations with whom the United States 2and the
Philippines are at war, during the period of such war;
Citizens or subjects of a foreign country other than the United States 3whose
laws do not grant Filipinos the right to become naturalized citizens or subjects
thereof.
Section 15. Effect of the naturalization on wife and children.—Any woman who
is now or may hereafter be married to a citizen of the Philippines, and who
might herself be lawfully naturalized shall be deemed a citizen of the
Philippines.
Minor children of persons naturalized under this law who have been born in the
Philippines shall be considered citizens thereof.
A foreign-born minor child, if dwelling in the Philippines at the time of the
naturalization of the parent, shall automatically become a Philippine citizen,
and a foreign-born minor child, who is not in the Philippines at the time the
parent is naturalized, shall be deemed a Philippine citizen only during his
minority, unless he begins to reside permanently in the Philippines when still a
minor, in which case, he will continue to be a Philippine citizen even after
becoming of age.
A child born outside of the Philippines after the naturalization of his parent,
shall be considered a Philippine citizen, unless one year after reaching the age
of majority, he fails to register himself as a Philippine citizen at the fault of their
 CONSTITUTIONAL LAW I | Notes ni Treeng|4

parents either by neglecting to support them or by transferring them to another

school or schools. A certified copy of the decree canceling the naturalization
certificate shall be forwarded by the clerk of the Court to the Department of the
Interior20 and the Bureau of Justice.21

(e) If it is shown that the naturalized citizen has allowed himself to be used as
a dummy in violation of the Constitutional or legal provision requiring Philippine
citizenship as a requisite for the exercise, use or enjoyment of a right,
franchise or privilege.
What is the status of Section 12. If the applicant is a married woman, the approval of her petition for
Alien Husband and administrative naturalization will not benefit her alien husband but her minor children may
Minor Children? file a petition for cancellation of their alien certificates of registration with the BI subject to
the requirements of existing laws.
Declaration of Intention Section 5. Petition for Citizenship Section 12. Issuance of the Certificate of Naturalization
xxx
(i) A declaration that it is the petitioner's true and honest intention to acquire Philippine Before the naturalization certificate is issued, the petitioner shall, in open court,
citizenship and to renounce absolutely and forever any prince, potentate, State or take the following oath:
sovereign, and particularly the country of which the applicant is a citizen or subject.
xxx "I, . . . . . .. . . . . .. , solemnly swear that I renounce absolutely and forever all
allegiance and fidelity to any foreign prince, potentate, state or sovereignty,
and particularly to the . . . . . . . . . of which at this time I am a subject or
citizen; that I will support and defend the Constitution of the Philippines and
that I will obey the laws, legal orders and decrees promulgated by the duly
constituted authorities of the Commonwealth15 of the Philippines; [and I
hereby declare that I recognize and accept the supreme authority of the United
States of America in the Philippines and will maintain true faith and allegiance
thereto;16 and that I impose this obligation upon myself voluntarily without
mental reservation or purpose of evasion.

"So help me God."

RA 530 (AN ACT MAKING ADDITIONAL PROVISIONS FOR NATURALIZATION)
When Decision is Section 1. The provisions of existing laws notwithstanding, no petition for Philippine citizenship shall be heard by the courts until after six months from the publication of
Executory the application required by law, nor shall any decision granting the application become executory until after two years from its promulgation and after the court, on proper
hearing, with the attendance of the Solicitor General or his representative, is satisfied, and so finds, that during the intervening time the applicant has

(1) not left the Philippines,

(2) has dedicated himself continuously to a lawful calling or profession,
(3) has not been convicted of any offense or violation of Government promulgated rules,
(4) or committed any act prejudicial to the interest of the nation or contrary to any Government announced policies.
 CONSTITUTIONAL LAW I | Notes ni Treeng|5

CA No. 63 PD No. 725 RA 8171 RA no 9225

(October 21, 1936) (June 5, 1975) (October 23, 1995) (August 29, 2003)
How Section 1. How citizenship may be lost. – A Filipino citizen WHEREAS, there are many Section 1. Filipino women Section 3. Retention of Philippine Citizenship - Any
citizenship may lose his citizenship in any of the following ways Filipino women who had lost who have lost their Philippine provision of law to the contrary notwithstanding,
may be lost and/or events: their Philippine Citizenship by citizenship by marriage to natural-born citizenship by reason of their
marriage to aliens; aliens and natural-born naturalization as citizens of a foreign country
(1) By naturalization in a foreign country; Filipinos who have lost their xxx
WHEREAS, while the new Philippine citizenship,
(2) By express renunciation of citizenship; constitution allows a Filipino including their minor children,
woman who marries an alien to on account of political or
(3) By subscribing to an oath of allegiance to support the retain her Philippine citizenship economic necessity,
constitution or laws of a foreign country upon attaining unless by her act or omission, xxx
twenty-one years of age or more she is deemed under the law to
xxx have renounced her Philippine
(4) By rendering services to, or accepting commission in, citizenship, such provision of the
the armed forces of a foreign country new Constitution does not apply
xxx to Filipino women who had
(a) The Republic of the Philippines has a defensive married aliens before said
and/or offensive pact of alliance with the said foreign Constitution took effect;
country; or
(b) The said foreign country maintains armed forces on
Philippine territory with the consent of the Republic of the
Philippines: Provided, That the Filipino citizen concerned,
at the time of rendering said service, or acceptance of said
commission, and taking the oath of allegiance incident
thereto
xxx
(5) By cancellation of the of the certificates of
naturalization;
(6) 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; and
(7) In the case of a woman, upon her marriage to a
foreigner if, by virtue of the laws in force in her husband's
country, she acquires his nationality.
How Section. 2. How citizenship may be reacquired. – Xxx Xxx Xxx
citizenship Citizenship may be reacquired: may reacquire Philippine are hereby deemed to have re-acquired Philippine
may be citizenship through citizenship upon taking the following oath of
reacquired repatriation in the manner allegiance to the Republic:

(1) By naturalization: Provided, That the applicant possess 1) Filipino women who lost their
none of the disqualification's prescribed in section two of Philippine citizenship by
Act Numbered Twenty-nine hundred and twenty-seven,3 marriage to aliens; and
(2) natural born Filipinos who
(2) By repatriation of deserters of the Army, Navy or Air have lost their Philippine
Corp: Provided, That a woman who lost her citizenship by citizenship may require
reason of her marriage to an alien may be repatriated in Philippine citizenship through
accordance with the provisions of this Act after the repatriation by applying with the
termination of the marital status;4 and Special Committee on
Naturalization created by Letter
(3) By direct act of the National Assembly. of Instruction No. 270, and, if
their applications are approved,
taking the necessary oath of
allegiance to the Republic of the
Philippines, after which they
shall be deemed to have
reacquired Philippine citizenship.
The Commission on Immigration
and Deportation shall thereupon
cancel their certificate of
registration.
CONSTITUTIONAL LAW I | Notes ni Treeng|6
provided in Section 4 of
Commonwealth Act No. 63,
as amended: Provided, That
the applicant
is not a:
(1) Person opposed to
organized government or
affiliated with any association
or group of persons who
uphold and teach doctrines
opposing organized
government;
(2) Person defending or
teaching the necessity or
propriety of violence,
personal assault, or
association for the
predominance of their ideas;
(3) Person convicted of
crimes involving moral
turpitude; or
(4) Person suffering from
mental alienation or incurable
contagious diseases.
Sec. 2. Repatriation shall be
effected by taking the
necessary oath of allegiance
to the Republic of the
Philippines and registration in
the proper civil registry and in
the Bureau or Immigration.
The Bureau of Immigration
shall thereupon cancel the
pertinent alien
Certificate of registration and
issue the certificate of
identification as Filipino
citizen to the repatriated
citizen.
"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 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:
Additional requirement for elective officials:
xxx
(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;
xxx
CONSTITUTIONAL LAW I | Notes ni Treeng|7