CITIZENSHIP
How can birth determine
Meaning of Citizenship
Citizenship refers to the membership of a person to a democratic state
which bestows upon him/her full civil and political rights (unless
especially disqualified by law), and the corresponding duty to support and
maintain allegiance to the state. Such membership underscores the
symbiotic relationship of the state, which on the one hand gives protection
to the citizen, and the citizen, who on the other hand is duty bound to
support the state.
Citizens of the Philippines
1. Classification. There are four instances enumerated in the Constitution
as to who are considered citizens of the Philippines. Section 1, Article IV
of the Constitution, provides:
“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 who are naturalized in accordance with law.”
First, those who are citizens of the Philippines at the time of the adoption
of the 1987 Constitution, referring to those who were already Filipinos
under the 1973 Constitution and were still citizens at the time of the
passage of the 1987 Constitution. Second, those who are Philippine
citizens because either their fathers “or” mothers are Philippine citizens.
Third, those whose fathers are foreigners, and then later elected their
Philippine citizenship upon reaching 18 years old in accordance with 1935
Constitution which was in effect at the time of their birth. And fourth,
those who are naturalized under the procedures provided by law.
2. Natural Born and Naturalized Citizens. Basically, there are only two
categories of Philippine citizens: the natural born and the naturalized. On
the one hand, a natural born citizen is someone who is already a Filipino
at the time of his birth and does not have to do anything to acquire or
perfect his citizenship (Sec. 2, Art. II). In other words, he is a Filipino by
birth. On the other hand, a naturalized citizen is someone who was once a
foreigner then later on became a Filipino by legal fiction. Paragraph 2
(Either father or mother is a Filipino) and paragraph 3 (Elect Philippine
Citizenship) of the above provision are natural born citizens, while
paragraph 4 (naturalized under the law) refers to the naturalized citizen.
Paragraph 1 (citizen at the time of the adoption of the Constitution) may
refer to either a natural born or naturalized citizen depending on the kind
of citizenship he has at the time of the adoption of the 1987 Constitution.
3. Principles Determining Citizenship.
citizenship in the case of natural born citizens? There are two principles
that could answer this. First is the jus sanguinis principle, which states
that “blood relations” determine citizenship, and the second is the jus soli
or jus loci principle, which states that the “place of birth” determines
citizenship. The Philippines adopts the jus sanguinis principle and is now
the underlying theory behind Article IV. Thus, someone becomes a
Filipino by birth if either his mother “or” father is a Filipino, so that by
virtue of his blood relations to either his Filipino parents he is also a
Filipino. If Pedro, for example, has a Filipino mother and a foreigner
father, then he is still a Filipino by birth, and therefore a natural born
citizen.
4. Old Rule. It must be noted that the present rule is different from that in
the 1935 Constitution. Under the old rule, those whose fathers are
foreigners and whose mothers are citizens of the Philippines must still
elect their Philippine citizenship upon reaching 18 years old. In other
words, citizenship depends upon blood relations with the father. This was
no longer the rule under the 1973 Constitution and under the present
Constitution. Citizenship is now attributable to both the father and mother.
But for those who were born during the effectivity of the 1935 Constitution,
or before January 17, 1973 (the date of promulgation of the 1973
Constitution), they must still elect their Philippine citizenship upon
reaching the age of majority. For instance, if Pedro was born in January 1,
1970, of a Chinese father and a Filipino mother, then in 1988 when he is
already 18 years old, he must elect his Philippine citizenship. Under
Section 2, Article II, those who elect their Philippine citizenship are still
deemed natural born citizens.
Naturalized Citizens
1. Who are Naturalized Citizens? Naturalized citizens those are clothed by
law with the rights and privileges accorded to a citizen of the Philippines,
as well as bound by their duties to the State. In other words, they are also
Filipinos. Thus they can vote during elections, acquire real property, and
engage in business, among others. They must likewise observe loyalty to
the Philippines, pay their taxes, and obey the laws and duly constituted
authorities of the land. However, they cannot be elected President or Vice-
President, or member of the Congress, or appointed justice of the
Supreme Court or lower collegiate courts, or member of any of the
Constitutional Commissions, or Ombudsman or his Deputy, or member of
the Central Monetary Agency. These are among the restrictions to a
naturalized citizen which are reserved only to a natural born citizen, who
is by birth and heart a Filipino.
2. Naturalization entails renunciation of former allegiance and the
subsequent act of formal entrance into a new body politic. The grant of
citizenship by naturalization is an act of grace on the part of the State.
Just as the State can confer or grant citizenship, it can also withhold or
take away the same. Thus, aliens or foreigners do not have a natural or
inherent right to demand membership to the State.
3. Kinds of Naturalization. The government, through its three branches,
can confer citizenship by naturalization. Hence, a foreigner can be
naturalized in either of three ways:
(a) Judicial naturalization refers to naturalization by means of court
judgment pursuant to the “Revised Naturalization Act.” Applications are
filed with the proper Regional Trial Court which will render the decree of
naturalization;
(b) Legislative naturalization refers to naturalization by means of a direct
act of Congress, that is, by the enactment of a law by the Congress
declaring therein that a foreigner is conferred citizenship and admitted
into the political community; and
(c) Administrative naturalization is naturalization by means of
administrative proceedings before the Special Committee on
Naturalization pursuant to the “Administrative Naturalization Law of
2000.” Applicants must be aliens born and residing in the Philippines with
all of the qualifications and none of the disqualifications provided by law.
Lost and Reacquisition of Citizenship
1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that
“Philippine citizenship may be lost or reacquired in the manner provided
by law.” There are two laws which provide the manner of loss of
citizenship. First is “Commonwealth Act No. 63” which provides that
citizenship is lost by naturalization in another country, by express
renunciation of citizenship, by subscribing to an oath of allegiance to
support the constitution and laws of another country, by rendering service
to a foreign armed forces, and by deserting the armed forces of the
Philippines. Second is Commonwealth Act No. 473 which states that
citizenship is lost by cancellation of certificate of naturalization by court,
by permanent residence in the country of origin for a period of five years
from the time of naturalization, by an invalid declaration of intent in the
petition, by failure to with the educational requirements of the minor
children, and by allowing oneself to used by a foreigner.
2. Reacquisition of Citizenship. As far as reacquisition of citizenship is
concerned, Commonwealth Act No. 63 also provides that citizenship
which was lost may be reacquired by naturalization, by a direct act of
Congress, or by repatriation.
(a) Naturalization may be applied for by a former Philippine citizen who
lost his citizenship under any of the aforesaid ways. For example, Pedro
was a Filipino who became a naturalized citizen in another country, and
as a result he lost his Philippine citizenship. If he applies for
naturalization and later on the court gave him a decree of naturalization,
then he reacquires his Philippine citizenship.
(b) The Congress can also reinstitute, by means of a law, citizenship to
those who lost it.
(c) Repatriation is accomplished by taking the necessary oath of
allegiance to the Republic of the Philippines and then registering the
same in the proper Civil Registry and in the Bureau of Immigration. This
is available to women who have lost their citizenship through marriage to
aliens, those who lost their citizenship on account of economic and
political necessity not otherwise disqualified by law, and deserters of the
Armed Forces of the Philippines.
3. R.A. No. 9225. Special note must be given to Republic Act No. 9225,
otherwise known as “Citizenship Retention and Reacquisition Act of
2003,”which amended Commonwealth Act No. 63. It provides that natural
born citizens of the Philippines who lost their citizenship because of
naturalization in a foreign country shall be deemed to have reacquired
their Philippine citizenship upon taking the oath of allegiance to the
Republic of the Philippines. After the effectivity of RA 9225, those who are
naturalized in a foreign country shall retain their Philippine citizenship
also upon taking the oath of allegiance to the Republic of the Philippines.
Thus, under the present law, it is the taking of the necessary oath of
allegiance and registration of the same that retains and reacquires
Philippine citizenship.
4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an
alien is not a ground for losing Philippine citizenship, unless there is
implied or express renunciation through acts or omissions. For example,
if Maria is married to Friedrich, a foreigner, and in Friedrich’s country his
marriage confers on Maria their citizenship, then Maria will not
automatically lose her citizenship as provided by the Constitution. What
she has is dual citizenship. But if Maria subscribes to an oath of
allegiance to her husband’s country, then her act is deemed a
renunciation of her Philippine citizenship, thus, a ground for losing her
citizenship.
Dual Allegiance and Dual Citizenship
1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV
states, “Dual allegiance of citizens is inimical to the national interest and
shall be dealt with by law.” Dual allegiance happens when a naturalized
citizen of the Philippines maintains his allegiance to his country of origin.
For example, if Joe, who was a foreigner, becomes a naturalized citizen of
the Philippines, and after naturalization he still maintains his allegiance
to his mother country, then his case is said to be one of dual allegiance.
This is prohibited by the Constitution to prevent a former foreigner, who
gained political membership, to have false allegiance or pretend loyalty to
the Philippines.
2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does
not prohibit dual citizenship. Dual allegiance is different from dual
citizenship. Dual citizenship happens when an individual is a citizen of
two countries because the laws of both countries confer upon him
membership to their State. For example, if Pedro’s parents are Filipinos
and he is born in United State of America, he acquires Philippine
citizenship under the principle of jus sanguinis and American citizenship
under the principle of jus soli. Thus, he has dual citizenship because of
the respective laws of the two countries. Another example is when a
Filipino marries a foreigner and thereby acquires the citizenship of the
spouse, there is also dual citizenship. The Philippines cannot prohibit dual
citizenship because its laws cannot control the laws of other states. It is
dual allegiance that is prohibited because it is intentional while dual
citizenship is generally unintentional, in that it is only accidentally cause
by birth in a foreign state or marriage with a foreigner.
3. Limitation on Dual Citizenship. Dual citizenship may be prohibited
under special cases. For instance, pursuant to the Constitution, RA 9225
requires that all those who are seeking elective public offices in the
Philippines to execute a personal and sworn renunciation of any and all
foreign citizenship to qualify them as candidates in the Philippine
elections.