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What is citizenship?
One’s personal and permanent membership in a political community
Spanish subjects as of April 11, 1899 were given the option to become Filipino citizens
- Exchange of instrument of ratification (Treaty of Paris)
Jus Soli
Modified jus soli under 1935 Consti
Caram Provision
Delegate to the Con-Con. He was accommodated to avoid the situation wherein one of the framers of the
Consti is an alien
Republic v. Lim
Illegitimate child follows the citizenship of the mother
No need to elect Filipino citizenship
CA 625
Requirements for election
1) Election is expressed in a statement to be signed and sworn to by the party concerned before any official
authorized to administer oaths.
2) Statement to be filed with the nearest Civil Registry.
3) The statement is to be accompanied with the Oath of Allegiance to the Constitution and the Government
of the Philippines.
4) Within a reasonable time
CA 63
How citizenship may be lost
(1) Naturalization in a foreign country;
(2) Express renunciation of citizenship; and
(3) Subscribing to an oath of allegiance to support the Constitution or laws of a foreign country.
Repatriation
The Filipino citizen, once he takes the oath of allegiance is deemed not to have lost his Filipino citizenship
Yu vs. Defensor-Santiago
Exception to the general rule that there must be express renunciation
Totality of circumstances
Res judicata not applicable (generally) in citizenship cases except when 3 conditions are present
(CID v. Dela Rosa)
(1) A person’s citizenship is resolved by a court or an administrative body as a material issue in the
controversy, after a full-blown hearing;
(3) With the active participation of the Solicitor General or his representative; and
(3) The finding of his citizenship is affirmed by the Supreme Court.
CA 473
Qualifications for naturalization
1) Not less than 21 years of age on the day of the hearing of the petition;
2) He must have resided in the Philippines for a continuous period of not less than 10 years;
3) He must be of good moral character and believes in the principles underlying the Philippine Constitution,
and must have conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relation with the constituted government as well as with the community
in which he is living.
4) He must own real estate in the Philippines worth not less than P5,000 or must have some known lucrative
trade, profession, or lawful occupation;
5) He must be able to speak and write English or Spanish and any one of the principal Philippine languages;
and
6) He must have enrolled his minor children of school age, in any of the public schools or private schools
recognized by the Office of Private Education1 of the Philippines, where the Philippine history, government
and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence
in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.
DQ
1) Persons opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing all organized governments;
2) Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination
for the success and predominance of their ideas;
3) Polygamists or believers in the practice of polygamy;
4) Persons convicted of crimes involving moral turpitude;
5) Persons suffering from mental alienation or incurable contagious diseases;
6) Persons who, during the period of their residence in the Philippines, 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;
7) Citizens or subjects of nations with whom the United States and the Philippines are at war, during the
period of such war;
8) 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 subjects thereof.
Declaration of intention one year prior to the filing of the petition with the OSG
Aznar: Use of US passport not sufficient proof that a person lost his Filipino citizenship; only proves that
he is American