Citizenship Reporter 1: Case: Valles vs. COMELEC 337 SCRA 543

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CITIZENSHIP

REPORTER 1
 Definition

 Citizens of the Philippines (Section 1, Article 4 – 1987 Constitution)


 Why is it important for one to have a definite citizenship?
- Rights
- Obligations
- Protection

 Modes of Acquisition: Citizens of the Philippines


- Involuntary
- Voluntary

 Jus sanguinnes vs Jus soli


- Trace the various changes in the jus sanguinnes rule under the
1935, 1973, and 1987 Constitutions? (lead: how the rule on
parental source of citizenship changed over time)

- Did gender play a factor in the acquisition and loss of citizenship


under the 1935, 1973, and 1987 Constitution? In what way? (lead:
check the rule on the effect of marriage to one’s citizenship)

 Case: Valles vs. COMELEC 337 SCRA 543

 When one is considered a natural born Filipino citizen?


 Does a person who is born in 1970 of a Filipino mother and alien
father considered a Filipino citizen?
 If no, how does/she become one?
 If he/she elects to choose Filipino citizenship after the effectivity of
the 1973 or 1987 Constitution, is the person considered a natural
born?

 Case: Tecson vs. COMELEC G.R. NO. 161434 Mar. 3, 2004


- Why Fernando Poe, Jr. was considered a natural born Filipino
citizen? What is the effect of his being an illegitimate child to his
acquisition of Filipino citizenship? (Tecson case)

 Who are considered Filipino citizens under the Philippine


Bill of 1902?
 How was it relevant to the case of Fernando Poe, Jr.?
 Case: Balgamelo Cabiling, et al vs Commissioner, GR No.
183133, July 26, 2010

 Is mere possession of alien passport enough proof of renunciation of


Filipino citizenship?

 Case: Aznar vs COMELEC, GR No. 83820, May 25, 1990

 What is the citizenship of a foundling?

 Who is a foundling? What is the citizenship of a foundling?


 In the case of Grace Poe (Llamansares), what were the issues raised
against her claim of being a natural born Filipino? What were the
legal bases of the objections?
 How did the Supreme Court decide the case? Do you agree with it?
 What rules or principles helped her case?

 Case: Llamansares vs COMELEC, et al. G.R. No. 221677-


22116700, March 11, 2016
REPORTER 2
 Judicial acquisition of citizenship vs. Administrative acquisition of
citizenship?

 What laws or rules to apply to each? (Read the specials laws


referred in the Course Outline and the cases)
 C.A. Act No. 473
 R.A 530
 RA 9139 (Administrative Naturalization)
 Who are considered naturalized citizens?
 How does one become a naturalized Filipino citizen?
 What is a derivative citizenship? How does it apply to the children
and spouse of an alien becoming a naturalized Filipino?

 Case: Mo Ya Lim Yao vs Commission on Immigration, 41 SCRA


29
 How does one lose one’s citizenship?
 Is mere possession of a foreign passport determinant in one’s
citizenship? (Aznar case)
 Read Republic Act No. 8171

 How does one re-acquire his/her Filipino citizenship? (check special


laws)

 Case: Frivaldo vs. COMELEC 257 SCRA 731

 Case: Tabasa vs Court of Appeals in relation to RA 8171

 Who are considered dual citizens? Can they run for public office?

 Why was Edu Manzano considered a dual citizen? (Mercado case)


 As a dual citizen, was he qualified to run for public office?
 What was the effect of his filing of a certificate of candidacy to his
alien citizenship?

 Case: Frivaldo vs. COMELEC 257 SCRA 731

 In the Jacot case, why was Mr. Nestor Jacot considered a dual citizen?
 How did he acquire dual citizenship as compared to Edu Manzano
in the Mercado case (refer to the Dual Citizenship law)?
 What is the legal significance of the difference on how each Mercado
and Jacot acquired dual citizenship insofar as its effect of their
respective candidacies?
 Why was Mr. Jacot disqualified as a candidate? Is the mere filing of
his certificate of candidacy enough to renounce his alien citizenship?

 Case: Frivaldo vs. COMELEC 257 SCRA 731

Research: What should be the citizenship of Gabby Lopez?


What is the citizenship of Gabby Lopez? Was he qualified to own shares in ABS-
CBN? (Prelim exam question)

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