CITIZENSHIP

A. KINDS OF CITIZENSHIP, PURPOSE OF DISTINGUISHING CITIZENSHIP AND KINDS OF

CITIZENSHIP

1. Classification of citizens

a. Natural-born1
b. Naturalized

A person who renounces all foreign citizenship under Sec. 5(2) of RA 9225 recants this renunciation
by using his foreign passport afterwards. (Maquiling vs. COMELEC, 2013)

2. Who must be natural-born citizens?

a. President
b. Vice-president
c. Members of the Congress
d. Justices of SC and lower collegiate courts
e. Ombudsman and his deputies

1
“xxx foundlings are, as a class, natural-born citizens. The presumption of natural-born citizenship of foundlings stems from the
presumption that their parents are nationals of the Philippines. While the 1935 Constitution’s enumeration is silent as to foundlings,
there is no restrictive language which would definitely exclude foundlings either. No such intent or language permits discrimination
against foundlings. On the contrary, all three Constitutions guarantee the basic right to equal protection of laws. All exhort the State to
render social justice (Poe-Llamanzares vs. COMELEC, 2016)
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f. Members of Constitutional Commissions
g. Members of the central monetary authority
h. Members of the Commission on Human Rights

B. WHO ARE CITIZENS

1987 Constitution 1973 Constitution 1935 Constitution Before 1935 Constitution

Citizens of the Philippines at
the time of the adoption of
this Constitution
Those whose fathers OR
mothers are citizens of the
Philippines
Those who are Those who are citizens Persons born in the Philippine
citizens of the at the time of the Islands who resided therein on
Philippines at the adoption of this 11 April 1899 and were
time of the adoption Constitution Spanish subjects on that date,
of this Constitution unless they had lost their
Philippine citizenship on or
before 14 May 1935
Those whose fathers Those born in the Natives of the Spanish
OR mothers are Philippine Islands who, Peninsula who resided in the
citizens of the before the adoption of Philippines on 11 April 1899,
Philippines this Constitution, had and who did not declare their
been elected to public intention of preserving their
office in the Philippine Spanish nationality between
Islands2 that date and 11 October 1900,
unless they had lost their

2
Caram Rule
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Philippine citizenship on or
before 14 May 1935
Those who elected to be Those who elect Those whose mothers Naturalized citizens of Spain
citizens Philippine are citizens of the who resided in the Philippines
citizenship pursuant Philippines and, upon on 11 April 1899, and did not
This is available only to: to the provisions of reaching the age of declare their intention to
 Those born before 17 Jan. the Constitution of majority, elect preserve their Spanish
1973 1935 Philippine citizenship nationality within the
 To Filipino mothers; and prescribed period
 Elect Philippine citizenship
upon reaching the age of
majority
 Those born to Filipino
mothers and elected
Philippine citizenship
before. 2 Feb 1987 (Co vs.
House Electoral Tribunal,
1991)
Those naturalized in Those who are Those who are Children born of (1), (2) and (3)
accordance with law naturalized in naturalized in subsequent to 11 April 1899,
accordance with law accordance with law unless they lost their
Philippine citizenship on or
before 14 May 1935
Persons who became
naturalized citizens of the
Philippines in accordance with
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naturalization law since its
enactment on 26 March 1920

C. WHO CAN BE CITIZENS

1. Naturalization – process by which a foreigner is adopted by the country and clothed with the
privileges of a native-born citizen. The applicant must prove that he has all the qualifications and
none of the disqualifications for citizenship

2. Qualifications (Sec. 2, CA 473)

a. Not less than 21 yo on the day of the hearing of the petition

b. Resided in the PH for a continuous period of 10 years or more
c. Of good moral character
Believes in the principles underlying the Philippine constitution
Conducted himself in a proper and irreproachable manner during the entire period of his
residence towards the government and community
d. Must own real estate in the PH worth 5K or more OR must have lucrative trade, profession, or
lawful occupation
e. Able to speak or write English or Spanish or anyone of the principal languages; and
f. Enrolled his minor children of school age in any of the recognized schools where PH history,
government and civics are taught or prescribed as part of the school curriculum, during the
entire period of the residence in the PH required of him
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3. Special qualifications (Sec. 3, CA 473 – resulting to reduction of the 10-yr period to 5 years)

a. Having honorably held office under the Government of the Philippines or under that of any of
the provinces, cities, municipalities, or political subdivisions thereof;
b. Established a new industry or introduced a useful invention in the PH
c. Married to a Filipino woman
d. Engaged as a teacher in the PH in a public or recognized private school not established for the
exclusive instruction of children of persons of a particular nationality or race, in any of the
branches of education or industry for a period of 2 yrs or more
e. Born in the PH

4. Disqualifications (Sec. 4, CA 473)

a. Persons opposed to organized government or affiliated with groups who uphold and teach
doctrines opposing all organized governments;
b. Persons defending or teaching the necessity or propriety of violence, personal assault, or
assassination for the success of their ideas;
c. Polygamists or believers in polygamy
d. Persons convicted of crimes involving moral turpitude
e. Persons suffering from mental alienation or incurable contagious disease
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f. Persons who during the period of their stay, 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
g. Citizens or subjects of nations with whom the Philippines is at war
h. Citizens or subjects of a foreign country other than the United States, whose laws do not grant
Filipinos the right to become naturalized citizens or subject thereof

5. Denaturalization – process by which grant of citizenship is revoked

6. Grounds for cancellation of naturalization

a. Naturalization certificate was fraudulently or illegally obtained

b. If, within 5 years next following the issuance, he shall return to his native country or to some
foreign country AND establish his permanent residence there
c. Remaining for morethatn 1 year in his native country of his former nationality, or 2 years in any
other foreign country, shall be considered as prima facie evidence of his intention of taking up
his permanent residence in the same
d. Petition was made on an invalid declaration of intention
e. Minor children of the person naturalized failed to graduate from the schools mentioned in
Section 2, through the fault of their parents, either by neglecting to support them or by
transferring them to another school or schools; or
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f. If he 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

D. MODES OF ACQUIRING CITIZENSHIP

1. Modes

a. By birth

i) Jus soli – right of soil; person’s nationality is based on place of birth

ii) Jus sanguinis – right of blood; a person’s nationality follows that of his natural parents

b. By naturalization – signifies the act of formally adopting a foreigner into the political body of a
nation by clothing him or her with the privileges of a citizen

i) Administrative naturalization pursuant to RA 91393

ii) Judicial naturalization pursuant to CA 4374

3
Act providing for the acquisition of Philippine citizenship (1) aliens born in the Philippines and (2) residing therein since birth by
administrative naturalization subject to certain requirements dictated by national security and interest
4
Covers all aliens regardless of class
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iii) Legislative naturalization in the form of a law enacted by Congress granting Philippine
citizenship to an alien

2. Derivative naturalization – foreign women who are married to Philippine citizens may be deemed
ipso facto Philippine citizens and it is neither necessary for them to prove that they possess other
qualifications for naturalization at the time of their marriage nor do they have to submit themselves
to judicial naturalization

E. MODES OF LOSING AND REACQUIRING CITIZENSHIP

1. Loss, grounds

a. Naturalization in a foreign country

b. Express renunciation or expatriation5
c. Taking an oath of allegiance to another country upon reaching the age of majority
d. Marriage by a Filipino woman to an alien, if by the laws of her husband’s country, she becomes
a citizen thereof
e. Accepting a commission and serving in the armed forces for another country, unless there is an
offensive/defensive pact with the country, or it maintains armed forces in RP with RP’s consent

5
GR: expatriation is a constitutional right. No one can be compelled to remain a Filipino if he does not want to. XPN: a Filipino may not
divest himself of PH citizenship in any manner while the RP is at war with any country
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2. Reacquisition

a. Naturalization – be 21 yo; resident for 6 mos; have good moral character; have no
disqualification
b. Repatriation6 – recovery of the original nationality
c. Legislative act

3. RA No. 9225 (Citizenship retention and reacquisition act of 2003)

4. Repatriation under RA 8171 – act providing for the repatriation of:

a. Filipino women who have lost their Philippine citizenship by marriage to aliens and
b. Natural-born Filipinos who have lost their Philippine citizenship on account of political
necessity, including their minor children

5. Repatriation under RA 9225

 Allows former natural-born Filipino citizens who have lost their Philippine citizenship by reason
of their naturalization as citizens of a foreign country to reacquire Filipino citizenship

6
Mere filing of certificate of candidacy is not a sufficient act of repatriation. Repatriation requires an express and equivocal act
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
Also allows Filipino citizens to retain their Filipino citizenship even if they acquire another
citizenship in a foreign country
F. DUAL CITIZENSHIP AND DUAL ALLEGIANCE

1. Dual citizenship7 – allows a person who acquires foreign citizenship to simultaneously enjoy the
rights he previously held as a Filipino citizen

2. Dual allegiance –

a. Alien who are naturalized Filipinos but remain loyal to their country of origin
b. Public officers who, while serving the government, seek citizenship in another country

7
Dual citizens are disqualified from running for any elective local position – referring to dual allegiance