CITIZENSHIP

Membership in a political community with all its concomitant rights and responsibilities
NATURAL-BORN
NATURALIZED
Even though a citizen enjoys certain privileges denied the alien, both are protected by the
due process and equal protection clauses
Sample of privileges: right to vote, to run for public office, to exploit natural
resources, to operate public utilities, to administer educational institutions, and to
manage the mass media
Philippine citizenship is not a cheap commodity that can be easily recovered after its
renunciation. It may be restored only after the returning renegade makes a formal act of
rededication to the country he has abjured and he solemnly affirms once again his total and
exclusive loyalty to the Republic of the Philippines. This may not be accomplished by
election to public office. RA 9225
Methods of citizenship acquisition:
1. Jus sanguinis
o By virtue of blood relationship
2. Jus soli
o By virtue of the place of birth
Example: Under Philippine law, a child born of Filipino mother acquires Philippine
citizenship regardless of where he or she is born (jus sanguinis). If the Filipino child is
born in the U.S. which follows the jus soli principle, then he or she acquires dual
citizenship.

Citizens of the Philippines (ART. 4. SECS. 1-5)

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 attaining the age of majority
4. Those who are naturalized in accordance with law
 For 1: included are those who were considered or became PH citizens under the 1973
Constitution so long as they retained their PH citizenship on February 2, 1987, when the
new Constitution was adopted.
For 2:
Under the 1935 Constitution, only children born of Filipino fathers were granted
natural-born citizenship
o If born to alien father and Filipino mother child acquires citizenship of
the father may only perfect PH citizenship by election upon reaching the
age of majority
o Only exception: where child was born out of lawful wedlock, he or she
acquires the citizenship of the only legally known parent (i.e. Filipino
mother)
Under the 1987 Constitution, a child is conferred natural-born Filipino citizenship
if born either of a Filipino father or mother
For 3: Since the 1973 Constitution was ratified on January 17, 1973, and it was during this
time that no. 2 was first adopted, those who were born prior to the aforementioned date to
Filipino mothers need to elect PH citizenship upon reaching the age of majority [18]
(prospective application)
o If born of alien father and Filipino mother in 1972 citizenship of father
o If born of alien father and Filipino mother on January 18, 1973 citizenship of
mother
o Art. III, Sec. 1(3), 1973 Constitution: Those who elect Philippine citizenship
pursuant to the provisions of the Constitution of 1935
o If father naturalized Filipino child a natural-born PH citizen
Formalities in electing Philippine citizenship:
1. A statement of election under oath
2. An oath of allegiance to the Constitution and Government of the Philippines
3. Registration of the statement of election and of the oath with the nearest civil registry
For 4: Naturalization
o Process by which a foreigner acquires, voluntarily or by operation of law, the
citizenship of another state
o May be direct or derivative
Direct naturalization is effected:
1. By individual proceedings, usually judicial, under general naturalization laws
2. By special act of the legislature, often in favor of distinguished foreigners who
have rendered some notable service to the local state
3. By collective change of nationality as a result of cession or subjugation
4. In some cases, by adoption of orphan minors as nationals of the State where
they are born
Derivative naturalization is conferred*:
1. On the wife of the naturalized husband
2. On the minor children of the naturalized parent
3. On the alien woman upon marriage to a national
*usually subject to stringent restrictions and conditions
o Procedure: either through judicial naturalization under CA 473 or administrative
naturalization under R.A. 9139 (Administrative Naturalization Law of 2000)
o Effects:
- Confers upon the naturalized person all the rights of a Philippine citizen except
only those reserved by the Constitution to natural-born citizens
- Minor children born in PH shall be considered citizens of PH
o Revocation: Only the State that may question an illegally procured certificate of
naturalization in the appropriate denaturalization proceedings
- Grounds:
1. Certificate of naturalization obtained fraudulently
2. Established permanent residence abroad within five years after naturalization
3. Petition was based on an invalid declaration of intention
4. Minor children failed to comply with the educational requirements through
petitioners fault or neglect
5. Allowed oneself to be used as a dummy in violation of PH naturalization laws
SECTION 2. 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.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law

C.A. No. 63 states that Philippine citizenship is lost by:

1. Naturalization in a foreign country
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance to support the Constitution or laws of a foreign
country upon attaining 18 years of age or more: Provided, however, that a Filipino may
not divest himself of PH citizenship in any manner while the Republic of the
Philippines is at war with any country
4. Rendering service or accepting commission in the armed forces of a foreign country:
Provided,
5. Cancellation of the certificate of naturalization
6. Having been declared by competent authority a deserter of the Philippine armed forces
in time of war, unless subsequently, a plenary pardon or amnesty has been granted

R.A 9225 (Citizenship Retention and Reacquisition Act of 2003)

o Provides for the restoration or retention of the original citizenship of any natural-
born Filipino who has acquired citizenship in a foreign country through
naturalization proceedings
o Stamps out dual allegiance

SECTION 4. 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
Historical context: old rule states that a Filipino woman married to an alien forfeits her
Philippine citizenship if under the laws of her husbands State she is required to follow his
citizenship
 Provision reverses old rule to equalize women to men

SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.
In Mercado vs. Manzano, the Court held that this provision is not against dual citizenship
but dual loyalty, such as that often manifested by naturalized Filipinos who, while
professing allegiance to their adoptive land, retain their allegiance to their native land and
even involve themselves in its political affairs
Citizenship requires allegiance and dual citizenship requires dual allegiance, which laws
may be in conflict with each other