NOTES IN CONSTITUTIONAL LAW

By Atty. Franklin Cueto

Part VI - ARTICLE IV (CITIZENSHIP)

A. Kinds of Citizenship

Ø Natural born citizens vs. Naturalized citizens

i. Provisions under the Constitution where the citizenship

requirement is Natural born citizenship or Filipino citizenship.

B. Who are citizens of the Philippines

Ø Before the 1935 Constitution

i. Philippine Bill of 1902 (En Masse Filipinization)

• Co vs. HRET, GR 92191, July 30, 1991
• Tecson vs. Comelec, GR 161434, March 3, 2004
ii. Act 2927 - Naturalization Law of March 26, 1920
iii. Act 3448 – Amended Naturalization Law of November 30, 1928
iv. Roa Doctrine (re: res judicata) – on the mistaken application
of jus soli

Ø Under the 1935 Constitution

Ø Under the 1973 Constitution

Ø Under the 1987 Constitution

C. Who can be Citizens (jus sanguinis vs. jus soli)

D. Modes of Acquiring Citizenship (thru Naturalization)

Ø Direct

i. Judicial naturalization under C.A. 473, as amended (under

Revised Naturalization Law)

ii. Administrative naturalization under R.A. 9139

• R.A. 9139 - The Administrative Naturalization Law of
2000
• So vs. Republic, GR 170603, Jan. 29, 2007

iii. Special Act of Legislature

Ø Derivative
i. Wife of naturalized husband
ii. Minor children of naturalized person
iii. Alien woman upon marriage to a national

E. Modes of Losing and Reacquiring Citizenship

Ø How citizenship is lost (under C.A. 63)

i. by naturalization in a foreign country
ii. by express renunciation of citizenship
iii. by oath of allegiance to a foreign country
iv. by rendering service in the armed forces of a foreign country
v. by cancellation of certificate of naturalization
 vi. by being a deserter of the armed forces in time of war
vii. By Filipino women upon marriage to a foreigner, if by virtue
of the laws in force in her husbands country, she acquires
his nationality
• Frivaldo vs. Comelec, GR 87193, June 23, 1989

Ø Citizenship once lost may be reacquired:

i. Under C.A. 63
• by naturalization
• by repatriation (by being a deserter of the army, navy
or air corp)
• by direct act of Congress

ii. Under R.A. 965 – by rendering service to foreign armed

forces during WWII

iii. Under R.A. 2630 – by rendering service to foreign armed

forces during any other time (Bengzon III vs. HRET, GR
142840, May 7, 2001)

iv. Under R.A. 8171 – Filipino women married to foreigners and

natural-born citizens by reason of political or economic
necessity (Altajeros vs. Comelec, GR 163256, Nov. 10,
2004)

v. Under R.A. 9225 – Citizenship Retention and Re-Acquisition

Act of 2003 (Calilung vs. Secretary of Justice, GR 160869,
May 11, 2007)

vi. POE-LLAMANZARES VS. COMELEC, GR 221697,

MARCH 8, 2016

F. Dual Citizenship and Dual Allegiance

Ø Mercado vs. Manzano, GR 135083, May 26, 1999

Ø Lopez vs. Comelec, GR 182701, July 23, 2008
Ø Jacot vs. Dal, GR 179848, Nov. 26, 2008