CITIZENSHIP

Atty. Arvin Antonio V. Ortiz

Junior Partner
Galleros, Sanchez & Associates Law Firm
arvin_1123@yahoo.com.ph; 0977 817 1209
WHAT DO YOU CALL THE CHILD?
IT’S A BABY
ARTICLE IV - 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 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 whoa re naturalized in accordance with law.
WHAT IS CITIZENSHIP?

 Citizenship is personal and more or less

permanent membership in political
community. It denotes possession within
that particular political community of full
civil and political rights subject to special
disqualifications such as minority.
Reciprocally, it imposes the duty of
allegiance to the political community.
WHAT ARE THE MODES OF ACQUIRING
CITIZENSHIP?

 Jus sanguinis – acquisition of citizenship on

the basis of blood relationship
 Jus soli – acquisition of citizenship on the
basis of place of birth
 Naturalization – the legal act of adopting an
alien and clothing him with the privilege of a
native born citizen
WHO ARE CITIZENS OF THE PHILIPPINES AT THE
TIME OF THE ADOPTION OF THE 1987
CONSTITUTION?
 Those who were citizens under the 1973 Constitution.
 Section 1 of the article on Citizenship under the 1973
Constitution was the same as Section 1 under the new
Constitution.
 Who were citizens of the Philippines at the time of
adoption of the 1973 Constitution?
 They were those who were citizens under Article IV,
Section 1 of the 1935 Constitution.
WHAT IS THE CITIZENSHIP OF AN
ILLEGITIMATE CHILD OF A FILIPINA MOTHER?

 Filipino. This is true whether the child be born

under the 1935 or 1987 Constitution.
WHAT IS THE CITIZENSHIP OF AN ILLEGITIMATE
CHILD OF A FILIPINO FATHER AND AN ALIEN
MOTHER?
 Filipino, if paternity is clear, because of jus
sanguinis, which makes no distinction
between legitimate and illegitimate children.
This was the case of Tecson v. COMELEC
(G.R. No. 161434, Mar. 3, 2004).
WHEN MUST ELECTION BE MADE?

The election must be made within a

reasonable period after reaching
majority.
Three years is a reasonable period within
which to make the election (Dy Cuenco
v. Secretary of Justice, L-18069, May 26,
1962).
HOW IS ELECTION MADE?

 Election must be expressed in a statement

sworn before any officer authorized to
administer oaths and filed with the nearest
civil registry and accompanied by an oath of
allegiance to the Philippine Constitution
(Section 1, C.A. 625).
WHAT IS NATURALIZATION?

 Naturalization is the legal act of adopting a

foreigner and clothing him with the privileges of a
natural-born citizen.
 A person may be naturalized either by complying
with both the substantive and procedural
requirements of a general naturalization law or he
may be naturalized by a special act of the
legislature.
NATURALIZED FILIPINO CITIZENS

Andray Blatche (R.A. No. 10636) Ronnie Nathanielsz (P.D. No. 192)
WHAT KIND OF NATURALIZATION LAWS AND
PROCEDURES HAVE BEEN USED IN THE
PHILIPPINES?
1. General law of naturalization applied through a judicial
process – Revised Naturalization Law, C.A. 473, June 17, 1939.
2. Special Naturalization Law
3. Mass naturalization law – Philippine Bill of 1902 made Filipino
citizens of all inhabitants of the Philippine Islands continuing
to reside in them who were Spanish subjects
4. General law of naturalization applied through a combination
of administrative process and presidential legislative process
5. Administrative Naturalization Law – R.A. No. 9139
WHAT IS THE EFFECT OF NATURALIZATION OF A
FATHER ON LEGITIMATE CHILDREN? ON THE
WIFE?
 In general, the minor children become
citizens of the Philippines.
 The wife becomes a Filipino citizen, provided
she shows, in an administrative procedure
for the cancellation of her alien certificate of
registration, that she has none of the
disqualifications found in C.A. 473, Sec. 2.
WHAT IS THE EFFECT OF THE NATURALIZATION
OF A HUSBAND UNDER R.A. 9139?

 Applicant’s alien lawful wife and minor

children may file a petition for cancellation
of their alien certificate of registration with
the Committee (Sec. 11).
WHAT IS THE EFFECT OF THE
NATURALIZATION OF A WIFE?

 Her administrative naturalization will not

benefit her alien husband but her minor
children may file a petition for cancellation
of their alien certificate of registration (Sec.
12).
SECTION 2, ARTICLE IV

 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),
Section 1 hereof shall be deemed natural-born
citizens.
GRACE POE – FOUNDLING, NATURAL-BORN?

Jaro Cathedral, IloIlo

POE-LLAMANZARES V. COMELEC, G.R. NO.
221697, MAR. 8, 2016

 As a matter of law, foundlings are as a class,

natural-born citizens.
SECTION 3, ARTICLE IV

 Philippine citizenship may be lost or

reacquired in the manner provided by law.
 Laws governing loss and reacquisition of
Philippine citizenship – C.A. No. 63, as
amended, R.A. No. 965 and 2639, and P.D.
725 on repatriation, R.A. No. 9225
CITIZENSHIP MAY BE LOST DUE TO:

1. Desertion of the armed forces

2. Services in the armed forces of allied forces in
WW II
3. Service in the Armed Forces of other countries
4. Marriage of a Filipino woman to an alien
5. Political and economic necessity
HOW MAY LOST CITIZENSHIP BE
REACQUIRED?
 Either by naturalization or repatriation.
 Repatriation is the recovery of original citizenship.
Thus, if what was lost was naturalized citizenship,
that is what will be reacquired. If what was lost
was natural-born citizenship, that will be
reacquired.
WHO MAY BE REPATRIATED?

 Only women who lost citizenship by

marriage who lost citizenship for political or
economic reasons (R.A. No. 8171)
HOW IS REPATRIATION ACCOMPLISHED?

 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 of Immigration. The BI shall thereupon
cancel the alien certificate of registration and issue
the certificate of identification as Filipino citizen to
the repatriated citizen.
SECTION 4, ARTICLE IV

 Citizens of the Philippines who marry aliens

shall retain their citizenship, unless by their
act or omission they are deemed, under the
law, to have renounced it.
SECTION 5, ARTICLE IV

 Dual allegiance of citizens is inimical to the

national interest and shall be dealt with by
law.
 What is prohibited is dual allegiance, not
dual citizenship.
 R.A. No. 9225, the Dual Citizenship Law,
liberalized the reacquisition and retention of
natural born Philippine citizenship
THANK YOU.