Atty.

Albert Vasquez USJ-R SCHOOL OF LAW 1 of 4

CONSTITUTIONAL LAW 1
SY 2019-2020

CITIZENSHIP 1935 Constitution 1973 & 1987

Constitution
Citizenship Those born in the Those whose fathers
Membership in the political community, which is Philippine Islands of or mothers are citizens
personal and more or less permanent in foreign parents who, of the Philippines
character.
before the adoption of
this Constitution, had
**Possession of full civil rights but subject to been elected to public
disqualification.
office in the Philippine
Islands
Nationality
It embraces all who owe allegiance to a state, Those whose fathers (1973) Those who
whether democratic or not, without thereby are citizens of the elect Philippine
becoming citizens.
Philippines citizenship pursuant to

the provisions of the

Who are citizens of the Philippines? 1935 Constitution

Art. IV Sec. 1 The following are citizens of the

Philippines:
(1987) Those born
1. Those who are citizens of the PH at the time before January 17,
of the adoption of this Constitution :
1973 of Filipino
A. Those who are citizens under the Treaty mothers, who elect
of Paris
Philippine citizenship
B. Those declared citizens by judicial upon reaching the age
declaration applying the jus soli principle
of majority
C. Those who are naturalized in accordance Those whose mothers Those who are
withe law (Act 2927)
are citizens of the naturalized in
D. Those who are citizens under the 1935 Philippines and, upon accordance with law
Constitution
reaching the age of
E. Those who are citizens under the 1973 majority, elect
Constitution
Philippine citizenship
2. Those whose fathers or mothers are citizens
of the PH
Those who are
3. Those born before January 17, 1973, of naturalized in
Filipino mothers, who elect PH citizenship accordance with law.
upon reaching the age of majority (age of
majority: 21 years old, take note: election
**make a distinction per constitution

should take place within three years from

reaching age of majority; three year rule has
Q: Child born Jan 17 1973, fil mother, American
XPN)

father, wed, what is citizne of child? Filipino

4. Those who are naturalized in accordance

with law

Am father, fil mother, jan 17 1973, child no longer

needs to elect ph citizen

1935 Constitution 1973 & 1987

Constitution Naturalization Laws in the PH
1. Mass Naturalization Law - Philippine Bill of
Those who are citizens Those who are citizens 1902

of the Philippine of the Philippines at 2. Special Naturalization law - act of legislature

Islands at the time of the time of the making a named individual a citizen of the PH

the adoption of 1935 adoption of this 3. Revised Naturalization Law (CA 473) - judicial
Constitution on May Constitution process; still in effect

14, 1935 4. RA 9139 Administrative Naturalization Law-

only applied to aliens born in the PH by alien

Sources: Atty. Vasquez’s slides,

Poli law by Cruz, jurisprudence, UST Golden Notes 2017 BY: ACS
Atty. Albert Vasquez USJ-R SCHOOL OF LAW 2 of 4
CONSTITUTIONAL LAW 1
SY 2019-2020

parents, at least 18 years of age, and have Case: Llamanarez

never left the PH
**read this case! Very impt!

Animus Manendi
Revised Naturalization Law CA NO. 473 Animus Non Revertendi
Substantive Requirements
1. Not less than 21 years of age on the day of Case: Bengson vs HRET
the hearing of the petition

2. Must have resided in the PH for a continuous Case: Ma vs. Fernandez

period of 10 years (may be reduced to 5 What will happen if the Filipino citizen did not
years)
elect within the three years? Will he be qualified?

3. Must be of good moral character ad believes

in the Constitution
(XPN to the GR of three requirements of election
4. Must own a real estate not less than Php of PH citizenship born before Jan 17 1973 of
5000 and must have lawful and gainful Filipino mothers)

employment

5. Must be able to speak English or Spanish and Cabiling Ma siblings complied with first two
any one of the PH dialect
requirements (oath and statement of election) but
6. Children must have been enrolled (to be was not registered within the reasonable time. SC
continued…..)
ruled failure to register should not negate the fact
that they have a Filipuno mother. The lacking
Procedural Requirements requirements may still be complied with subject
to imposition of administrative penalties.

RA 9139 Administrative Naturalization Law

Substantive Requirements Case: AASJS Member Calilung vs
1. Applicant must be born in the PH and Datumanung
residing therein since birth; not less than 18
years of age at the time of filing of petition

2. Good moral character

NATURAL BORN CITIZENS
3. Primary and secondary education in any
public or private schools recognized by DECS
1973 Constitution Art. 4 Sec. 4
4. With lawful trade or profession
One who is a citizen of the PH from birth without
5. Must be able to read, write, speak Filipino or having to perform any act to acquire or perfect
any of the dialects in PH
his PH citizenship

6. Must have mingled with Filipinos or has

shown a desire to learn and embrace the 1987 Constitution Art. 4 Sec. 2
customs, traditions, and ideals of the Filipino One who is a citizen of the PH from birth without
people.
having to perform any act to acquire or perfect
his PH citizenship.

Case: Tecson vs COMELEC

• The 1935 Constitution on citizenship, the Those born with Filipino mother who elect PH
prevailing fundamental law on respondent’s citizenship upon reaching the age of majority.

birth, provided that among the citizens of the

PH are those whose fathers are citizens of the Case: Co vs HRET
PH
Effect of naturalization of parents will follow to
• Tracing respondent’s paternal lineage, his their children. The children are no longer required
grandfather Lorenzo as evidence by the latter’s to elect PH citizenship. He is deemed natural-
death cert was identified as PH citizen. His born citizen pursuant

citizenship was also drawn from the

presumption that having died in 1954 at the age
of 84 Lorenzo would have been born in 1870. If
the father is a PH citizen, it follows that his
children are also PH citizen.

Sources: Atty. Vasquez’s slides,

Poli law by Cruz, jurisprudence, UST Golden Notes 2017 BY: ACS
Atty. Albert Vasquez USJ-R SCHOOL OF LAW 3 of 4
CONSTITUTIONAL LAW 1
SY 2019-2020

4. Owns a real estate in the Philippines worth

RA 9139 effect to minor children find
jurisprudence
Kilosbayan vs. Ermita
Ong was a naturalized PH citizen. There was a
final decision of the trial court wherein Ong and
his mother were naturalized along with his
father.
NATURALIZED CITIZENS
Naturalization
Act of formally adopting a foreigner into the
political body of a nation by clothing him or her
with the privileges of a citizen.
not less than P5,000 or must have some
lucrative trade, profession or lawful
occupation 

5. Speak and write English or Spanish and
any of the principal Philippine languages 

6. Enrolled his minor children of school age in
any of the public or private schools
recognized by government where
Philippine history, government and civics
are taught as part of the school curriculum 


LOSS AND RE-ACQUISITION OF CITIZENSHIP

Modes of Naturalization
Case: Frivaldo vs Comelec
1. Administrative naturalization (RA 9139)

During date of election, petitioner has pending

2. Judicial naturalization (CA 473)

petition for repatriation. Order for repatriation was

3. Naturalization by an act of Congress

granted before date of assumption of office.

Effect of repatriation would retroact, it was
Judicial Naturalization
Not less than 21 on the date of the hearing presumed he was qualified to run because he
1.
of the petition
was a natural-born PH citizen.

2. Resided in the Philippines for continuous We rule the Citizenship requirement of the Local
period of not less 10 years 
 Government Code is to be possessed by an
May be reduced to 5 years if:
elective official at the latest as of the time he is
• He honorably held office in the proclaimed and at the start of the term of office
government 
 to which he has been elected. 

• Established a new industry or His repatriation is to be given retroactive effect as

introduced a useful invention in of the date of his application therefor, during the
the Philippines 
 pendency of which he was stateless, he having
given up his U.S. nationality. 

• Married a Filipino woman 


RA 9225 Citizenship Retention and Re-
• Been engaged as a teacher in the
acquistion
Philippines, in public or 

private, for a period of 2 years 

Case: Roseller de Guzman vs Comelec
• Born in the Philippines 
 DQed by SC for failure to renounce his American
citizenship.

3. Good moral character, believes in the Sec. 5 RA 9225 Twin requirements of oath of
principles underlying the Philippine allegiance and renunciation of foreign citizenship.
Constitution, must have conducted himself Filing of COC does not ipso facto amount to a
in a proper and irreproachable manner renunciation of his foreign citizenship.

during the entire period in the Philippines 


If dual citizen cos of jus soli/sanguinis, mere filing
of COC and oath already complies the
requirements.

Sources: Atty. Vasquez’s slides,

Poli law by Cruz, jurisprudence, UST Golden Notes 2017 BY: ACS
Atty. Albert Vasquez USJ-R SCHOOL OF LAW 4 of 4
CONSTITUTIONAL LAW 1
SY 2019-2020

Sources: Atty. Vasquez’s slides,

Poli law by Cruz, jurisprudence, UST Golden Notes 2017 BY: ACS