CITIZENSHIP

It is a personal and more or less permanent membership in a

political community. It denotes possession within that particular
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 (4blue95).

1)
2)
3)

Jus Soli acquisition of citizenship on the basis of place of

birth
Jus Sanguinis acquisition of citizenship on the basis of
blood relationship
Naturalization the legal act of adopting an alien and
clothing him with the privilege of a native-born citizen.

June 8, 2008 notes: The Philippines follows (2) and (3)

BACKGROUND
The treaty of Paris has provided that all subjects of Spain who
remain in the territory are considered to be citizens of the Phil
(Prior to this treaty, citizenship was decided as to place of birth).
The next was the Phil.Bill of 1902, this just reiterated that the
political status of inhabitants would be decided by the US
Congress
1935 CONSTITUTION: 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.
(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.
1973 CONSTITUTION: 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.

What is (under 1987 Constitution) the citizenship of:

A. an alien woman married to a Filipino
Djumantan vs Domingo (240 SCRA 746): There is no law
guaranteeing aliens married to Filipino citizens the right to be
admitted, much less to be given permanent residency. In the Phils
the fact of marriage by an alien to a citizen does not withdraw her
from the operation of the Immigration Laws governing the
admission and execution of aliens.
Marriage of an alien woman to a Filipino DOES NOT IPSO
FACTO make her a Filipino citizen.
Aside from that, even though she is not required to show that she
possess the qualifications, but she is mandated that she possesses
none of the disqualification to be a citizen of the Philippines and
that she have to undergo the ff procedure:
1. alien woman will undergo an administrative process of
cancellation of ACR with the BID (and she must apply for a
change of residency status and may be admitted as a permanent
residentwhereby among those qualified to apply is the foreign
wife or foreign husband of a Phil citizen.);
2. execute an affidavit that she possesses none of the
disqualifications.
3. attach certification that she is married to a Filipino
B. alien men to Filipino woman
= no effect; avail of the reduction of 5 years under the residency
requirement for naturalization

Section 2. A female citizen of the Philippines who marries an alien

retains her Philippine citizenship, unless by her act or omission she
is deemed, under the law, to have renounced her citizenship.

RES JUDICATA IN CITIZENSHIP

Section 3. Philippine citizenship may be lost or reacquired in the

manner provided by law.

General Rule: The principle of Res Judicata does not apply in

cases hinging on the issue of citizenship.

Section 4. A natural-born citizen is one who is a citizen of the

Philippines from birth without having to perform any act to acquire
or perfect his Philippine citizenship.

Feb.2,1987 Constitution

Exception: Burca vs. Republic (51 SCRA 248):

Requisites for Res Judicata to apply:
a.
a persons citizenship be raised as a material
issue in a controversy where said person is a
party
b.
the Solicitor General or his authorized
representative look active part in the
resolution thereof;
c.
the finding on citizenship is affirmed by the
Supreme Court

Republic vs. Yee (1SCRA 1166): A naturalization proceeding, not

being a judicial adversarial proceeding, the decision therein is not
res judicata.

MODES OF ACQUIRING CITIZENSHIP:

Other cases where Res Judicata does not apply:

1.
support
2.
expropriation/eminent domain
WHO ARE CITIZENS OF THE PHILIPPINES?

Nov 1935-Constitution
Jan. 17,1973 Constitution

1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT

THE TIME OF THE ADOPTION OF THE 1987
CONSTITUTION.

3. THOSE BORN BEFORE JANUARY 17, 1973, OF

FILIPINO MOTHERS, WHO ELECT PHILIPPINE
CITIZENSHIP UPON REACHING THE AGE OF
MAJORITY.
ELECTION OF CITIZENSHIP:
1.
2.

2. THOSE WHO FATHERS OR MOTHERS ARE CITIZENS

OF THE PHILIPPINES.

3.

In here, the constitution do not distinguish anymore whether the child is illegitimate or
legitimate, and that it does not matter whether the father or the mother is the only one
who is Pilipino. So whichever which way, the child is considered as a Pilipino.
4.

when must the mother be a Filipino? At the time of the marriage

when must one elect Phil citizenship? Within a reasonable period
of time upon reaching the age of majority; 3 years from reaching
the age of majority is reasonable time.
who may avail? Those born before Jan. 17, 1973 of Filipino
mothers (MOTHER BE PILIPINO AT TIME OF MARRIAGE)
and a LEGITIMATE CHILD ( because if Illegitimate,then latter is
automatic Natural Born no need for election)
How should one elect Phil citizenship?

Tecson vs. COMELEC (March 3, 2004)

EXPRESSLY

Facts: A petition for disqualification was filed against presidential candidate Ronald allan
Kelley Poe (aka Fernando Poe Jr.) and a petition to deny due course or to cancel his COC
upon the thesis that he made material representations in his COC by claiming that he is a
natural born citizen, when in truth, his parents were foreigners. Granting, petitioner
asseverated, that Allan Poe (father) was a Filipino citizen, he could not have transmitted
his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother.
FPJ was born Aug. 20, 1939.

a. by filing a sworn statements, in the Civil

Registrar if in the Phils.

Issue: What is FPJs citizenship?

SC: FPJ is a natural born citizen. The 1935 constitution, the fundamental law prevailing
on the date of birth of FPJ, states that among the citizens of the Philippines are those
whose fathers are citizens of the Philippines, regardless of whether such children are
legitimate or illegitimate. There utterly is no cogent justification to prescribe conditions
or distinctions where there clearly are none provided.
= Lorenzo Poe(grandfather of FPJ) was born sometime in 1870, thus, benefited from the
naturalization en masse under the Phil. Bill of 1902. his citizenship therby extend to his
son Allan (father of FPJ)

b. by filing a sworn statement with the Diplomatic or Consular

officials if in a foreign country.

DOJ Opinion reasonable time to elect is within 3 years after reaching the age of
majority (June 1, 2010 updates).
2010 notes: if Running for a position, it is enough that you are Pilipino at time of
PROCLAMATION.
2010 notes: even if you elect Pilipino citizenship before the effectivity of the 1987
Constitution, this ELECTION PROVISION would still be applicable and would validate
such citizenship election due to the fact that IT HAS RETROACTIVE EFFECT.

MODES OF CITIZENSHIP ELECTION:

NATURAL BORN CITIZENS
Article IV Section 2: natural born citizen are those who are citizens of the Phils from
birth without having to perform any act to acquire or perfect their Phil citizenship.
Those who elect Phil citizenship in accordance with par 3, section 1 hereof (those who
elected Phil citizenship upon reaching the age of majority) shall be deemed natural born
citizens.

1. FORMAL MODE (CA 625)

a. File a sworn statement before the LCR that you elect Filipino
citizenship;
b. File an oath of allegiance to the RP
2. INFORMAL MODE

Who must be a natural-born citizen?

1.
President of the Phils. (article VII, sec 2)
2.
Vice President (Art VII, sec 3)
3.
Members of Congress (Art VU, sees 3 and 6)
4.
Justices of the Supreme court and lower collegiate courts (Art VIII, sec 8)
5.
Ombudsman and Deputies (Art XI, Sec. 8)
6.
Constitutional Commission Member
-Civil Service commission (Art IX-B, Sec (1)
- Commission on Elections (Art IX-C, sec 1(1)
- Commission on Audit (Art IX-D, sec 1(1)
7. Central Monetary Authority members
(Art XII, sec 20)
8 Commission on Human rights Members

4blue 95 notes: in Bengzon vs HRET (May 7, 2001), the issue raised was whether
Teodoro Cruz, a natural born citizen, later naturalized US citizen but reacquired Phil
citizenship by repatriation under RA 2630 was considered a natural born citizen at the
time he filed his candidacy for the House of Rep.
Cruz is still a natural born citizen. As distinguished from the lengthy process of
naturalization, repatriation simply consists of the taking of oath of allegiance and
registering and said oath in the LCR. Repatriation results in the recovery of the original
nationality. This means that if he was originally natural born before he lost his Phil
citizenship, he will be restored to his former status as a natural born citizen.
- the determining factor in the status of natural born citizen is right from birth as
distinguished from a naturalized citizen. (this is the liberal view applied also in Aznar vs.
COMELEC)

performance of an act or acts that would show that the person has effective
chosen Phil citizenship.
THIS IS NOT APPLICABLE IN OUR JURISDICTION:
a.
b.
c.
d.

running for public position;

registering as a voter;
embracing Filipino customs;
taking the board exam (which required Phil citizenship)

4. THOSE WHO ARE NATURALIZED IN ACCORDANCE

WITH LAW.
Naturalization is a process by which a foreigner acquires voluntarily or by
operation of law, the citizenship of another state. It is the legal act of adopting an
alien and clothing him with the rights that belong to a natural born citizen.
may be direct or derivative
in direct naturalization, it could either be LEGISLATIVE,
JUDICIAL or ADMINISTRATIVE.

a.Direct Naturalization

3. JUDICIAL NATURALIZATION
Substantive Requirements:
1. Age must be not less that 18 years old at the time of the filing;
2. Residence for a continuous period of at least 10 years but reduced to 5 in the
ff. cases:
a. born in the Phils;
b. married to a Filipino woman;
c. served in the govt or held office which was allowed in the 1938 Const.;
d. served as a teacher in a private or public school for not less than 2 years;
e. made a useful invention or industry.
3. Character good moral character, believes in the constitution and conducted
himself in an irreproachable conduct during his stay in the Philippines

1. ADMINISTRATIVE NATURALIZATION

4. Property at least worth P5000 or has a lucrative trade profession or

occupation.

RA 9139 Administrative Naturalization Law of 2001

5. Education - requirements
a. able to speak and write Filipino or English or any Philippine dialect;
b. must have enrolled his children in a recognize school in the Phils which teaches
Phil history, civics and govt (this reqt is for minor children)

It is a summary procedure, apply with the Special Committee on Naturalization

Who can apply?

1. born in the Phils an residing therein since birth;
2. 18 years of age

6. not otherwise disqualified by law

Procedural Requirements:

Procedure
a pay P 40,000 upon filing of the petition
b. publication
c. SCON shall consider and review
d. Payment of p 150,000 if committee approves
e. Oath taking, pay, another P 50,000

2. LEGISLATIVE NATURALIZATION
1. individual proceedings
A. under the Gen. Naturalization laws;
B. special act of legislature citizens is considered act a natural
Born
C. by Presidential Decree

2. naturalization en masse as a result of cession and subjugation.

4blue 95: other mode of naturalization, although ,not belonging to
administrative, judicial or legislative is Adoption of orphan minors as
nationals of the state where they are born

1. Filing of a Declaration of Intention in the Office of the Solicitor General, one

year before the filing of the actual application;
exempted:
a. born in the Philippines and receive their primary and secondary
education in the phils.
b. resided in the phils for 30 years;
c. the widow of the children of the applicant who died before his
application was granted.
2. Filing of the petition for naturalization with the Regional Trial Court of the
province or city in which the applicant is a resident for at least 1 year;
3. Publication and Posting petition and the notice of hearing must be published
at least once a week for 3 consecutive weeks.
- hearing must be had at least 90 days after the last publications.
4. Hearing except within 30 days before an election the State is represented by
the Solicitor General or by the fiscal; 2 witnesses to certify on the character of the
applicant are presented;
5. Decision appeal within 30 days
= appeal from the RTC to the Supreme Court (RA 530) if decision is
favorable, the decision will become final only after 2 years;
6. Two year probationary period counted from the rendering of decision of the
RTC, petitioner must continue to have all the qualifications and none of the
disqualifications.
7. Summary hearing after 2 years;

Who are disqualified from Naturalization:

8. Taking of Oath of Allegiance before the RTC;

9. Issuance of a Certificate of Naturalization issued by the court.

a. persons opposed to organized govt or affiliated with any association or group of

persons who uphold and teach doctrines opposing all organized govt;
b. persons defending or teaching the necessity of violence, personal assault or
assassination for the success or predominance of their ideas;
c. polygamist or believers in the practice of polygamy;
d. persons convicted at crimes involving moral turpitude;
e. person suffering from mental alienation or incurable or contagious disease;

10. Alien Certificate of Registration is cancelled before the BID.

Status of Alien wife and minor children:

= will be benefited; they should seek the cancellation of their ACR and pay P
60,000 each.
Status of Alien husband and minor children:
= husband will not benefit but the minor children will upon compliance with the
requirements.

f. persons who during their period of their residence in the Phils. have nor mingled
socially with Filipinos, or who have not evinced a sincere desire to learn and
embrace he customs, traditions and ideals of the Filipinos;

Republic vs dela Rosa: The procedure under the Revised Naturalization Law must
be strictly complied with.

g. citizens or subjects of a foreign country whose laws do not grant Filipinos the
right to become naturalized citizens or subject thereof.

Valles vs Comelec (337 SCRA 543): The mere fact that Lopez was a holder of an
Australian passport and had an ACR are not acts constituting an effective
renunciation of Filipino citizenship. For renunciation to effectivity result in the
loss of citizenship, the same must be express.

4blue 95 Notes: mere allegations in the affidavit is sufficient.

b.Derivative Naturalization,
GROUNDS FOR LOSS OF CITIZENSHIP:
conferred on:
a.
b.
c.

the wife of the naturalized husband;

the minor children of the naturalized parent
the alien woman upon marriage to national-if she
herself might be lawfully naturalized
does not always follow as a matter of course

Status of Children:
A. Minor child born BEFORE naturalization
2.

if born in the Phils Filipino

3.

if born outside the Phils

dwelling in the Phils at the time of the parents
naturalization Filipino
dwelling outside Filipino during his minority unless
he resides permanently in the Phils when still a minor,
in which case he will continue to be a Phil citizen even
after becoming of age

B. Minor child born AFTER naturalization

1. if born in the Phils Filipino
2. if born outside the Phils Filipino unless within 1 year after
reaching the age of majority he fails to register himself as a Phil
citizen at the Phil consulate of the country where he resides and to
take the necessary oath of allegiance.
Denaturalization Grounds:
1. if naturalization certificate was obtained fraudulently or
illegally;
2. if the person naturalized shall within 5 yrs. next, if the issuance
of said naturalization certificate, return to his native country or to
some foreign country and established his permanent residence
therein;
3. if the petition was made on an invalid declaration of intention
4. naturalized allowed himself to a dummy in violation of
constitutional or legal provision;
5. violation of any of the continuing requirements.
4blue 95 notes: Yu vs Defensor-Santiago (169 SCRA 364): Despite
his naturalization as a Filipino citizen, petitioner applied for and
was issued a Foreign Passport and he manifested that he is a
Portuguese in commercial documents he signed. Such resumption
or reacquisition of Portuguese citizenship is GROSSLY
inconsistent of with his maintenance of Philippine citizenship, it
constitutes renunciation of latter.
4blue 95 notes:Aznar vs. Comelec (185 SCRA 703): The following
are not considered as express renunciation of Philippine
citizenship:
a.holder of an ACR
b.holder of an immigrant certification of residence
c.has an application for ACR;
d.has a permit to re-enter as an alien in the country
e.has an immigration certificate of clearance.

1.

By naturalization in a foreign country (except RA 9225)

2.

By express renunciation of citizenship

In Valles v COMELEC, it was held that the fact that private

responded was born in Australia does not mean she is not a
Filipino even if Australia follows jus soli then at most she can also
claim Australian citizenship resulting in her having a dual
citizenship. That she was a holder of Australian passport and an
alien certificate of registration do not constitute effective
renunciation, since to be effective, it must be express.
But in Yu v Santiago, a Portugese passport and signing of
commercial document as a Portugese were construed as
renunciation of Phil. Citizenship.
3.

By subscribing oath or allegiance to

Constitution (except RA 9225 next page)

4.

By serving in the armed forces of a foreign country

foreign

Except if Philippines have mutual defense treaty and such person

serve with consent from the Philippines.
5.

By being a deserter of the armed forces of ones country

4blue 95 notes: In the case of Aznar v. COMELEC, the petitioner

failed to present direct proof that private respondent had lost his
Phil.citizenship (he contends that Osmena is a holder of an Alien
certificate of registration). CA 63 provides that citizenship is lost
through among others: naturalization in foreign country, express
renunciation and subscribing oath of allegiance to support
Constitution of Foreign country. And that Philippine Court are only
allowed to determine who are Filipino citizens and who are not.
Whether Osmena is considered an American under US Laws does
not concern us here.

Cases on Naturalization in a foreign country.

1. Frivaldo vs. Comelec (174 SCRA 245): The act of filing a COC would not
constitute as a mode of reacquiring Philippine citizenship
(however,in cases of dual citizen, filing of COC terminates status of dual
citizenship).
2. Republic vs. dela Rosa (232 SCRA 785); It is not for an appellant to decide for
himself and to select the requirements which he believes, even sincerely, are
applicable to his case and discard those which he believes are inconvenient or
merely nuisance value. The proceedings conducted, the decision rendered and the
oath of allegiance taken therein, are null and void for failure to comply with the
publication and posting requirements under the Revised Naturalization Law.
3. Labo vs Comelec 176 SCRA 1): even if it be assumed that his naturalization in
Australia was annulled after it was found out that his marriage to the Australian
was bigamous, the circumstance alone did not automatically restore his Philippine
citizenship.
4.Bengzon vs. HRET (supra): As distinguished from the lengthy process of
naturalization, repatriation simply consists of the taking of oath of allegiance and
registering said oath in the LCR. Repatriation results in the recovery of the
original nationality. This means that if he was originally natural born before he lost
his Phil citizenship, he will be restored to his former status as a natural born
citizen.

4 MODES OF ACQUIRING PHILIPPINE CITIZENSHIP:

1.BY NATURALIZATION
The fact remains that once naturalize, you are not considered as a
natural born.
2. BY DIRECT ACT OF CONGRESS
3. BY REPATRIATION
Return or restoration to ones own country and citizenship;
regaining of nationality after expatriation by taking the necessary
oath of allegiance to the Republic and registration of the same in
the LCR.
Who may be repatriated?
1. deserters of the Armed Forces (CA 63)
2. Filipino women who lost their citizenship on account of
marriage to an alien only after the termination of the marital status
(RA 8171)
3. those natural born citizens who lost Phil citizenship on account
of economic necessity (RA 8171)
4. those natural born citizens who lost Phil citizenship on account
of political necessity (RA 8171)
5. those who rendered service in the US armed forces without the
consent of the RP govt (RA 2630)
6. any former natural born who lost Phil citizenship (PD 725)
Repatriation under RA 8171
Coverage:
1. Filipino women who lost their citizenship by virtue of their
marriage under the1935 Constitution;
2. Repatriation of natural born citizen, on account of political
necessity, provided:
1. not opposed to organized govt or affiliated with such group;
2. not espouse violence for the predominance or ideas;
3. must not have convicted of a crime involving moral turpitude;
4. must not suffer mental alienation or from any incurable
contagious diseases.
Requirements:
1. an oath of allegiance to the Republic;
2. Registration with the LCR;
3. Registration with the BID.
Effect of repatriation:
1. ACR will cancelled;
2. The certificate of identification as Filipino citizen shall be issued
4blue 95: for repatriation on account of political necessity. Only a
natural born citizen can be repatriated.
Angat vs Republic (314 SCRA 438): Proceeding under RA 8171
are administrative. It does not require judicial intervention.
BAR: Richard is a natural born Pilipino, then due to work, he went
to Chicago as a nurse and became an American Citizen, then, he
went back to the Philippines particularly back to Davao City then
he was repatriated and became a Pilipino again.
Can Richard run for councilor for the Matina District? Yes, since
he was repatriated, which is reverting back to his same status as
natural born citizen.

4.UNDER RA 9225 (Aug 29,2003)

= VOLUNTARY DUAL CITIZENSHIP
= by taking an oath of allegiance
= all Philippine citizens who become citizens of another country
shall be deemed not to have lost their Philippine citizenship under
the conditions of this Act.

Guidelines and Requirements for Applying for Filipino

Citizenship Reacquisition Under Republic Act 9225:
1.The Citizenship Retention and Re-acquisition Act of 2003
(Republic Act 9225) shall apply to former natural-born citizens of
the Philippines, as defined by Philippine law and jurisprudence,
who have lost their Philippine citizenship by reason of their
naturalization as citizens of another country.
2.Corollary to the above, a former natural-born citizen of the
Philippines who is abroad and is not an alien registered with the
Philippine Bureau of Immigration shall file a petition under oath
with the nearest Philippine foreign service post for the issuance of
an Identification Certificate (IC).
3.Qualified applicants shall submit the following documentary
requirements personally at the Consular Section of the Philippine
Embassy
a.Duly-accomplished application form
b.If born in the Philippines, Birth Certificate issued by the
Philippine National Statistics Office and authenticated by the
Office of the President and then by the Department of Foreign
Affairs.
If born abroad , the original copy of the Report of Birth issued by
the concerned Philippine foreign service post and the Birth
Certificate issued by competent foreign authorities. The foreign
Birth Certificate must be notarized by a notarius publicus and then
authenticated by the Ministry of Foreign Affairs of the host
government.
Three (3) recent 2in. x 2in. photographs showing the following
different profiles: front, left side and right side views over white
background and attached to a duly-accomplished citizenship reacquisition application form.
c.Authenticated Marriage Certificate, if applicable.
d.Proof of acquisition of foreign citizenship, then the Philippine
foreign service post shall issue an Order of Approval .
4.As a final procedure, the applicant shall be required to personally
take his Oath of Allegiance before an authorized official of the
Philippine Embassy.
5.The Philippine Bureau of Immigration will issue an
Identification Certificate (IC) to applicants who have taken the
Oath of Allegiance and whose papers have been forwarded to the
Bureau.
6.Re-acquired Philippine citizenship under Republic Act 9225 may
be revoked by the competent Philippine authorities upon a
substantive finding of fraud, misrepresentation or concealment on
the part of the applicant.

However, according to 4blue 95, if Richard, instead opted for RA

9225, and if he wants to run for councilor, then he has to renounce
American citizenship.

Derivative Philippine Citizenship.

Republic Act 9225
provides for the acquisition of Philippine citizenship by children of
former natural-born Filipinos who have successfully re-acquired
Philippine citizenship under the provisions of the same law. For
concerned qualified applicants, the same documentary
requirements shall be submitted to the Embassy (include the
authenticated marriage certificate of parents).

And that, if Richard opted for Naturalization, then, he cannot run

as councilor of Matina since hes not considered natural born.

June 8, 2007 notes:if person wants to run for politics in local

election, he has to renounce the other foreign citizenship first.

DUAL ALLEGIANCE

SUFFRAGE

Section 5, Article IV: Dual allegiance is inimical to the national interest and shall be
dealt with by law.
- this is a NON SELF-EXECUTING provision
-Sec 40 of the LOCAL GOVT CODE dual citizenship is a disqualification for LOCAL
elective position (BUT SC clarified that it means DUAL ALLEGIANCE)
-Mercado vs Manzano (307 SCRA 630): Dual citizenship is different from dual
allegiance frowned upon by the 1987 Constitution. The former arises when, as a result of
the concurrent application of different laws of 2 or more States, a person is
simultaneously owes, by some positive act, loyalty to 2 or more states. While dual
citizenship is voluntary, dual allegiance is the result of an individuals volition. The
phrase dual citizenship in RA 7160 must be understood as referring to dual allegiance.
= the ACT OF FILING A COC IS SUFFICIENT TO TERMINATE THE
STATUS OF A PERSON AS A DUAL CITIZEN.
-Caasi vs. Court of Appeals (191 SCRA 229): US green card holders are disqualified to
run for electoral positions. The green card holder must have waived his status as a
permanent resident or immigrant of the US. The waiver of his green card should be
manifested by some act or acts independent of and done prior to filing candidacy for
elective office in this country. Without such prior waiver, Merito Miguel was disqualified
to run for any elective office.

QUALIFICATIONS:
1)
2)
3)
4)
5)

Citizen of the Philippines

Not Disqualified by law
At least 18 years old (ON DAY OF ELECTION)
Resident of the Philippines for at least 1 year
Resident of the place wherein he/she proposes to vote for at least 6 months
immediately preceding the election.

4blue95 notes: NO literacy, property or other substantive requirement can be imposed on

the exercise of suffrage.

Residency, under Article V has 2 senses:

1. DOMICILE This is in reference to the 1 year residency requirement in the
Philippines.
2. TEMPORARY RESIDENCE This is in reference to the 6 month residency
requirement in the place where one wants to vote. In this case, residence can either mean
domicile or temporary residence (like youre a student of Davao and you live in Cotabato
so you can either vote in Davao or in Cotabato).

Dual and Multiple nationalities:

-

this can hardly arise because citizenship is a matter to be exclusively

determined by a countrys own law
however, from the viewpoint of a 3 rd state, dual or multiple citizenship
may really exist.
Just like the enactment of RA 9225, it would now operate as
VOLUNTARY DUAL CITIZENSHIP.
DISQUALIFICATIONS:

Ways in which multiple citizenship might arise (Mercado vs Manzano)

1.
2.
3.

those born of Filipino fathers and or mothers in foreign countries which

follow the principle of just soli;
those born in the Phils of Filipino mothers and alien fathers if by the laws
of their fathers country such children are citizen of that country;
those who many marry aliens if by the laws of the latters country the
former are considered citizens, unless by their act or omission they are
deemed to have renounced Phil citizenship.

1)
2)
3)

Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
Insane or feeble-minded persons.

4blue95 notes: Under the 2 nd disqualification, the right to vote is automatically reacquired upon the expiration of 5 years after the service of sentence.

Addl.
1. legislative acts of states
2. Voluntary act of the individual concerned LIKE RA 9225.

GREENCARD HOLDER

BAR MATTER 2010

IF RUNNING FOR OFFICE, DUAL CITIZENSHIP BY MEANS OF:
1.

MARRIAGE to a foreigner (and no effort to renounce Phil Citizenship on

part of Filipino spouse) or Dual Citizen at BIRTH
Apply MANZANO Ruling

2.

Dual Citizen due to RA 9225: then applicant must do the ff:

a.

Meet the qualifications for holding such public office as

required by Constitution and laws

b.

Make a PERSONAL and SWORN renunciation of any

FOREIGN Citizenship before any public officer
authorizedto administer oaths ( Japson v COMELEC 2009)

A person who is a greencard holder can vote in the Philippines so long as (according
to RA 9189):
(1)he execute an affidavit that he promise that he will have actual physical residence in
the Philippines NOT LATER THAN 3 YRS from approval of registration and
(2) he did not apply for citizenship in any other country.

2010 notes: In Velasco case, an ABSENTEE VOTER can vote in National Elections
but not in Local elections because of the residency requirement.
Dual Citizens under RA 9225 who has not established the mandated residency
requirement cannot vote in Local Elections.