THE PHILIPPINES AS A TERRITORY ARTICLE 1, 1935 CONSTITUTION:

MIDTERM NOTES: CONSTI LAW 1

ATTY. MARK LAWRENCE C. BADAYOS
Article I.—THE NATIONAL TERRITORY Commented [APP5]: There is no mention of “archipelagic
The Philippine Territory state” or “archipelago”
Section 1. The Philippines comprises all the territory ceded to the United
Commented [APP6]: Treaty of Paris: PH Archipelago,
A. Article 1, 1987 Constitution: States by the treaty of Paris concluded between the United States and Spain
with doubts arising from the line draw buy the technical
on the tenth day of December, eighteen hundred and ninety-eight, the limits description in Article III
ARTICLE I: NATIONAL TERRITORY of which are set forth in Article III of said treaty, together with all the islands
embraced in the treaty concluded at Washington, between the United States Treaty of Washington: Islands of Sibuto + Cagayan de Sulo
The national territory comprises the Philippine archipelago, with all the islands and and Spain on the seventh day of November, nineteen hundred, and in the
waters embraced therein, and all other territories over which the Philippines has treaty concluded between the United States and Great Britain on the second 1930 Treaty between GB & US – Corrected the error with
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, day of January, nineteen hundred and thirty, and all territory over which the respect to the jurisdiction over the Turtle and Manhsee
including its territorial sea, the seabed, the subsoil, the insular shelves, and other present Government of the Philippine Islands exercises jurisdiction. Islands
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal Article 1, 1935 Constitution: Clarified that Batanes Islands
C. INTERNAL/ARCHIPELAGIC WATERS; ARCHIPELAGIC DOCTRINE
waters of the Philippines. had undisputedly islands by adding a clause in the 1935
Consti which states, “all territory over which the present
Frameworks: (1935) govt of the PH Islands exercises jurisdiction.”
1. PHILIPPINE TERRITORY: Commented [APP7]: Treaty of Paris
“Philippine archipelago, with all the islands and waters embraced therein”
2. All other territories over which the PH has sovereignty or jurisdiction over. Commented [APP8]: Treaty of Washington
Example: Batanes***, Spratly Islands, Scarborough Shoal, Sabah, Marianas Commented [APP1]: 1ST framework: PH Territory
Islands
3. COMPONENTS: Commented [APP2]: 2nd Framework: All other territories
consisting of its terrestrial, fluvial, and aerial domains, including its territorial over which the PH has sovereignty or jurisdiction over.
sea, the seabed, the subsoil, the insular shelves, and other submarine areas Example: Batanes***, Spratly Islands, Scarborough Shoal,
4. INTERNAL WATERS: Sabah, Marianas Islands
The waters around, between, and connecting the islands of the archipelago,
Commented [APP9]: 1930 Treaty between GB & US
regardless of their breadth and dimensions, form part of the internal waters
of the Philippines Commented [APP10]: BATANES
Commented [APP3]: 3rd Framework: Components
B. The Philippine Archipelago:
Commented [APP4]: 4th Framework: Internal Waters

What is an Archipelago?
Sea or part of the sea studded with islands, often synonymous with island
groups, or as a large group of islands in an extensive body of water, such as sea.
(De Leon & De Leon Jr.)

A cluster of islands forming a territorial unity, or, a unit of water studded with
islands.
1973 CONSTITUTION:
ARTICLE I - NATIONAL TERRITORY D. OTHER TERRITORIES
ARTICLE 1, 1935 CONSTITUTION:
Section 1. The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all the other territories belonging to the 1935 CONSTITUTION
Philippines by historic or legal title, including the territorial sea, the air space, the Article I.—THE
subsoil, the sea-bed, the insular shelves, and the submarine areas over which the NATIONAL TERRITORY
Philippines has sovereignty or jurisdiction. The waters around, between, and
connecting the islands of the archipelago, irrespective of their breadth and dimensions,
Section 1. The Philippines
form part of the internal waters of the Philippines.
comprises all the territory
ceded to the United
States by the treaty of
Paris concluded between
1987 CONSTITUTION, ARTICLE I: NATIONAL TERRITORY the United States and
Spain on the tenth day of
The national territory comprises the Philippine archipelago, with all the islands and December, eighteen
waters embraced therein, and all other territories over which the Philippines has hundred and ninety-eight,
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, the limits of which are set
including its territorial sea, the seabed, the subsoil, the insular shelves, and other forth in Article III of said
submarine areas. The waters around, between, and connecting the islands of the
treaty, together with all
archipelago, regardless of their breadth and dimensions, form part of the internal waters the islands embraced in
of the Philippines. the treaty concluded at
Washington, between the
United States and Spain
ARCHIPELAGIC DOCTRINE: on the seventh day of
November, nineteen
The waters around, between, and connecting the islands of the archipelago, hundred, and in the treaty
concluded between the
irrespective of their breadth and dimensions, form part of the internal waters of the
United States and Great
Philippines.
Britain on the second day
of January, nineteen hun-
dred and thirty, and all
MEANING OF ARCHIPELAGO:
territory over which the
present Government of
ARTICLE 46, UNCLOS II
the Philippine Islands
Article 46 Use of terms For the purposes of this Convention:
exercises jurisdiction.
(a) "archipelagic State" means a State constituted wholly by one or more archipelagos
and may include other islands;
(b) "archipelago" means a group of islands, including parts of islands, interconnecting
waters and other natural features which are so closely interrelated that such islands,
waters and other natural features form an intrinsic geographical, economic and political
entity, or which historically have been regarded as such.
1973 CONSTITUTION
ARTICLE I - NATIONAL
TERRITORY
Section 1. The national
territory comprises the
Philippine archipelago,
with all the islands and
waters embraced therein,
and all the other territories
belonging to the
Philippines by historic
or legal title, including
the territorial sea, the air
space, the subsoil, the
sea-bed, the insular
shelves, and the
submarine areas over
which the Philippines
has sovereignty or
jurisdiction. The waters
around, between, and
connecting the islands of
the archipelago,
irrespective of their
breadth and dimensions,
form part of the internal
waters of the Philippines..
1987 CONSTITUTION
ARTICLE I: NATIONAL
TERRITORY
The national territory
comprises the Philippine
archipelago, with all the
islands and waters
embraced therein, and all
other territories over
which the Philippines
has sovereignty or
jurisdiction, consisting
of its terrestrial, fluvial,
and aerial domains,
including its territorial
sea, the seabed, the
subsoil, the insular
shelves, and other
submarine areas. The
waters around, between,
and connecting the
islands of the archipelago,
regardless of their
breadth and dimensions,
form part of the internal
waters of the Philippines
Commented [APP11]: Mentions the “Philippine
Archipelago”
Commented [APP12]: What comprises the territories?
Article 3, Treaty of Paris,
De Leon Book
Commented [APP13]: Comprises/ Islands referring to the
Philippine Archipelago in the 1973 Constitution
Commented [APP14]: Archipelagic Doctrine/Principle
Commented [APP15]: The same phrase used in the 1973
Constitution, but cannot be found in the 1935 Constitution
Commented [APP18]: lands
Commented [APP19]: internal waters
Commented [APP20]: aerospace, above the PH territory
Commented [APP21]: Extent of 12 nautical miles
Commented [APP22]: Land that holds the soil
Commented [APP16]: Archipelagic Doctrine/Principle:
Internal Waters: no other state can unilaterally go inside our
internal waters
Commented [APP23]: Beneath the surface soil and the
seabed
Commented [APP17]: BATANES
Is Sabah part of the Philippines?
RA 5446 (1968 Baseline Law)
The baselines of the territorial sea around Sabah, over which the Philippines has
acquired dominion and sovereignty.
1973 Constitution
The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories belonging to the Philippinies by
historic right or legal title…
(This is the 1973 Constitution, and take note that as early as 1968, the Philippines
already had a law which laid claim over Sabah)
But is Sabah really part of the Philippines?
Sabah is owned by the sultan of Sulu. Sometime in 1978, the sultan leased out Sabah
to Gustavos, an Austrian consul-general, in exchange of firearms, because Sulu was
waging war against the Spanish regime in the Philippines.
The contract was carried out by a company owned by the partner of Gustavos and later
out was carried out by the British North Borneo company. In the written agreement, it
was clearly stipulated that Sabah should not be turned over to any country without the
permission of the sultan of Sulu. But the British government declared Sabah as part of
its colony, as a leased colony at that.
Later, the British government ceded Sabah to Malaysia, upon the latter’s confederation.
The legal title is with the sultan of Sulu but the same was ceded by the British
government to Malaysia.
Two referendums were conducted. Over 70% of the inhabitants of Sabah preferred to
be under Malaysia.
E. COMPONENTS OF TERRITORY
“consisting of its terrestrial, fluvial, and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas
F. BASELINE AND MARITIME ZONES
Baseline Laws:
1st Baseline Law RA 3046
2nd Baseline RA 5446 – amended RA 3046 (typo errors)
Article 47, UNCLOS – provided for growing baselines
(CURRENT) 3rd Baseline Law RA 9522 – to comply to the rules in UNCLOS III
ARTICLE 5, UNCLOS III
Article 5 Normal baseline Except where otherwise provided in this Convention, the
normal baseline for measuring the breadth of the territorial sea is the low-water line
along the coast as marked on large-scale charts officially recognized by the coastal
State. Commented [APP25]: normal baseline
ARTICLE 7, UNCLOS III
Article 7 Straight baselines Commented [APP26]: Straight baseline – used in the PH,
1. In localities where the coastline is deeply indented and cut into, or if there is a fringe based on the PH Baseline Laws
of islands along the coast in its immediate vicinity, the method of straight baselines
joining appropriate points may be employed in drawing the baseline from which the
breadth of the territorial sea is measured.
2. Where because of the presence of a delta and other natural conditions the coastline
is highly unstable, the appropriate points may be selected along the furthest seaward
extent of the low-water line and, notwithstanding subsequent regression of the low-
water line, the straight baselines shall remain effective until changed by the coastal
State in accordance with this Convention.
3. The drawing of straight baselines must not depart to any appreciable extent from the
general direction of the coast, and the sea areas lying within the lines must be
sufficiently closely linked to the land domain to be subject to the regime of internal
waters.
4. Straight baselines shall not be drawn to and from low-tide elevations, unless
lighthouses or similar installations which are permanently above sea level have been
built on them or except in instances where the drawing of baselines to and from such
elevations has received general international recognition.
5. Where the method of straight baselines is applicable under paragraph 1, account
may be taken, in determining particular baselines, of economic interests peculiar to the
region concerned, the reality and the importance of which are clearly evidenced by long
usage.
Commented [APP24]: Baseline Laws:
6. The system of straight baselines may not be applied by a State in such a manner as
to cut off the territorial sea of another State from the high seas or an exclusive economic 1st Baseline Law RA 3046
zone.
2nd Baseline RA 5446 – amended RA 3046 (typo errors)
Article 47, UNCLOS – provided for growing baselines
(CURRENT) 3rd Baseline Law RA 9522 – to comply to the
rules in UNCLOS III
SECTION 2, RA 5446 (amended RA 3046 due to clerical errors)
The definition of the baselines of the territorial sea of the Philippine Archipelago as
provided in this Act is without prejudice to the delineation of the baselines of the
territorial sea around the territory of Sabah, situated in North Borneo, over which the
Republic of the Philippines has acquired dominion and sovereignty.
PD 1596
SECTION 2, RA 9522 (current Baseline Law)
The baselines in the following areas over which the Philippines likewise exercises
sovereignty and jurisdiction shall be determined as “Regime of Islands” under the
Republic of the Philippines consistent with Article 121 of the United Nations Convention
on the Law of the Sea (UNCLOS):
interests which the latter State has traditionally exercised in such waters and all rights
stipulated by agreement between those States shall continue and be respected.
7. For the purpose of computing the ratio of water to land under paragraph l, land areas
may include waters lying within the fringing reefs of islands and atolls, including that
part of a steep-sided oceanic plateau which is enclosed or nearly enclosed by a chain
of limestone islands and drying reefs lying on the perimeter of the plateau.
8. The baselines drawn in accordance with this article shall be shown on charts of a
scale or scales adequate for ascertaining their position. Alternatively, lists of
geographical coordinates of points, specifying the geodetic datum, may be substituted.
41 Commented [APP27]: Present Baseline Law
9. The archipelagic State shall give due publicity to such charts or lists of geographical
coordinates and shall deposit a copy of each such chart or list with the Secretary-
General of the United Nations

a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and

b) Bajo de Masinloc, also known as Scarborough Shoal.

ARTICLE 47, UNCLOS III

Article 47 Archipelagic baselines

1. An archipelagic State may draw straight archipelagic baselines joining the
outermost points of the outermost islands and drying reefs of the archipelago
provided that within such baselines are included the main islands and an area in which
the ratio of the area of the water to the area of the land, including atolls, is
between 1 to 1 and 9 to 1
2. The length of such baselines shall not exceed 100 nautical miles, except that
up to 3 per cent of the total number of baselines enclosing any archipelago may exceed
that length, up to a maximum length of 125 nautical miles.
3. The drawing of such baselines shall not depart to any appreciable extent from
the general configuration of the archipelago.
4. Such baselines shall not be drawn to and from low-tide elevations, unless
lighthouses or similar installations which are permanently above sea level have been
built on them or where a low-tide elevation is situated wholly or partly at a distance not
exceeding the breadth of the territorial sea from the nearest island.
5. The system of such baselines shall not be applied by an archipelagic State in such
a manner as to cut off from the high seas or the exclusive economic zone the territorial
sea of another State.
6. If a part of the archipelagic waters of an archipelagic State lies between two parts of
an immediately adjacent neighboring State, existing rights and all other legitimate
Do the provisions of the UNCLOS provide for a solution in respect to the conflicting
claims over Scarborough Shoal and Spratlys?
Magallona v. Ermita
Petitioners’ Arguments:
RA 9522 reduces PH Maritime Territory, and logically, the
reach of the PH state’s sovereign power, in volation of Article 1 of
the 1987 Constitution, embodying the terms of the Treaty of Paris
and ancillary treaties.
RA 9522’s treatment of the Kalayaan Island Groups as
“regime of islands” not evenly results in the loss of a large maritime
area but also prejudices the livelihood of subsistence fishermen.
The UNCLOS has nothing to do with the acquisition or loss of
territory. It is a multilateral treaty regulating, among others, sea-use
rights over maritime zones. Therefore, the UNCLOS would not
resolve our conflicting claims over Scarborough Shoal, Spratlys and
even Sabah.
UNCLOS III has nothing to do with the acquisition (or loss) of
territory. It is a multilateral treaty regulating, among others, sea-
use rights over maritime zones (i.e., the territorial waters [12
nautical miles from the baselines], contiguous zone [24 nautical miles
from the baselines], exclusive economic zone [200 nautical miles
from the baselines]), and continental shelves that UNCLOS III
delimits.
Even under petitioners’ theory that the Philippine territory embraces
the islands and all the waters within the rectangular area delimited in
the Treaty of Paris, the baselines of the Philippines would still have
to be drawn in accordance with RA 9522 because this is the only way
to draw the baselines in conformity with UNCLOS III. The baselines
cannot be drawn from the boundaries or other portions of the
rectangular area delineated in the Treaty of Paris, but from the
"outermost islands and drying reefs of the archipelago."
ARTICLE 2 AND 3, UNCLOS III
Article 2 Legal status of the territorial sea, of the air space over the territorial sea and
of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory and internal
waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent
belt of sea, described as the territorial sea.
2. This sovereignty extends to the air space over the territorial sea as well as to its bed
and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this Convention and
to other rules of international law. SECTION 2. LIMITS OF THE TERRITORIAL SEA
Article 3 Breadth of the territorial sea Every State has the right to establish the breadth
of its territorial sea up to a limit not exceeding 12 nautical miles, measured from
baselines determined in accordance with this Convention.
ARTICLE 17 AND 19, UNCLOS III
Article 17 Right of innocent passage
Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy
the right of innocent
passage through the territorial sea.
Article 19 Meaning of innocent passage
1. Passage is innocent so long as it is not prejudicial to the peace, good order
or security of the coastal State. Such passage shall take place in conformity
with this Convention and with other rules of international law.
Contiguous Zone
May not extend beyond 24 nautical miles.
Sovereign Rights over the Contiguous Zone:
In a zone constiguous to its territorial sea, described as rhe contiguous zone, the
coastal State may exercise the control necessary to:
a. Prevent infringement of its customs, fiscal, immigration or sanitary laws and
regulations of the coastal State;
b. Punish infringement of the above laws and regulations committed within its
territory or territorial sea
Coastal State’s Rights over the EEZ
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting, conserving
and managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil, and with regard
to other activities for the economic exploitation and exploration of the zone,
such as the production of energy from the water, currents and winds;
 (b) jurisdiction as provided for in the relevant provisions of this Convention
with regard to:
(i) the establishment and use of artificial islands, installations and
structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;

ARTICLE 12, SECTION 2, 1987 CONSTITUTION

III. PEOPLE/CITIZENSHIP

A. Modes of Acquisition; Citizens of the Philippines

Who are the citizens of the Philippines?

Article 4, Section 1:

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; Commented [APP28]: Requires an examination of prior
rules on citizenship
(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. Commented [APP29]: Entirely Similar with the provision
in 1973 Constitution
3 Distinct Modes of Acquiring Citizenship:

 Jus Sanguinis –
Acquisition of citizenship based on blood relationship

 Jus Soli –
Acquisition of citizenship based on the place of birth

 Naturalization –
The legal act of adopting an alien and clothing him with the privileges of a
native born-citizen.
Signifies the
Article 3, Section 1, 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 or 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.
Article 4, Section 1, 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.
Section 4, Philippine Bill of 1902
Sec. 4. That all inhabitants of the Philippine Islands continuing to reside
therein who were Spanish subjects on the eleventh day of April, eighteen
hundred and ninety-nine, and then resided in the Philippine Islands, and
their children born subsequent thereto, shall be deemed and held to be
citizens of the Philippine Islands and as such entitled to the protection of the
United States, except such as shall have elected to preserve their allegiance
to the Crown of Spain in accordance with the provisions of the treaty of peace
between the United States and Spain signed at Paris December tenth,
eighteen hundred and ninety-eight.
Poe-Llamanzares v. Commission on Elections, G.R. Nos.
221697 & 221698-700, 8 March 2016.
Facts:
1968 – Grace Poe was found abandoned as a newborn
infant in the Parish Church of Jaro, Iloilo
1974 – Grace Poe was legally adopted by FPJ and
Susan Roces
2016 – Grace Poe ran for President
Petitions for Disqualification were filed against Poe on the
ground of material misrepresentation – because she is
not a Natural-born Filipino Citizen
Petitioner’s Arguments:
Under the principle of jus sanguinis, persons of unknown
parentage, particularly foundlings, cannot be considered
natural-born Filipino citizens since blood relationship is
determinative of natural-born status.
International conventions and treaties are not self-
executory and that local legislations are necessary in
order to give effect to treaty obligations assumed by the
Philippines.
SC Clarifying the Issue:
The factual issue is not who the parents of the petitioner
Commented [APP30]: Not included in the 1987
are, as their identities are unknown, but whether such
parents are Filipinos. Constitution
In other words, we can determine whether your parents
are Filipinos even if we do not know who your parents Commented [APP31]: Jus soli
are. Commented [APP32]: Jus Sanguinis
SC’s Basis in Ruling that Grace Poe is a Natural-Born Commented [APP33R32]:
Citizen:
- Statistics: Commented [APP34]: Origin of citizenship by election
at the time petitioner was found in 1968, the
majority of the population in Iloilo was Filipino.
- Legal Presumptions arising from established
facts:
abandoned as an infant, and has typical Filipino
features.
- Deliberations of the 1934 ConConn:
the exchange between Commissioners Rafols,
Roxas and MOntinola reveals that as a matter of
law, foundlings are as a class, natural-born
Filipino Citizens.
- International Law:
Principles of Transformation (for Treaties) and
Incorporation (GAPIL+CIL).
UDHR, UNCRC and ICCPR is to obligate the
Philippines to grant nationality from birth and
ensure that no child is stateless.
Section 2, Jones Law of 1916 CARAM Provision: Commented [APP37]: Not included in the 1987
Constitution
Article 4, Section 1 (2):
Section 2.―Philippine Citizenship and Naturalization

That all inhabitants of the Philippine Islands who were Spanish subjects (2) Those born in the Philippine Islands of foreign parents who, before the
on the eleventh day of April, eighteen hundred and ninety-nine, and then adoption of this Constitution, had been elected to public office in the Philippine
resided in said Islands, and their children born subsequent thereto, shall Islands. Commented [APP38]: Not included in the 1987
be deemed and held to be citizens of the Philippine Islands, except such Constitution
as shall have elected to preserve their allegiance to the Crown of Spain in Children of Filipino fathers or mothers:
accordance with the provisions of the treaty of peace between the United Article 4, Section 1 (2): Commented [APP35]: Rule of Jus Sanguinis
States and Spain, signed at Paris December tenth, eighteen hundred and
ninety-eight, and except such others as have since become citizens of some
SECTION 1. The following are citizens of the Philippines:
other country: Provided, That the Philippine Legislature, herein provided for,
is hereby authorized to provide by law for the acquisition of Philippine
citizenship by those natives of the Philippine Islands who do not come within (2) Those whose fathers or mothers are citizens of the Philippines;
the foregoing provisions, the natives of the insular possessions of the United
States, and such other persons residing in the Philippine Islands who are This provision is applied PROSPECTIVELY. Both the 1973 and 1987 Constitution
citizens of the United States, or who could become citizens of the United follows this rule.
States under the laws of the United States if residing therein.
Citizens by Election:
(Valles v. Commission on Elections, G.R. No. 137000, 9 August 2000.):

“The signing into law of the 1935 Philippine Constitution has established the Article 4, Section 1:
principle of jus sanguinis as basis for the acquisition of Philippine citizenship, to wit:
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 (3) Those born before January 17, 1973, of Filipino mothers, who elect
this Constitution had been elected to public once in the Philippine Islands. Philippine citizenship upon reaching the age of majority;
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age 2 conditions:
of majority, elect Philippine citizenship.
(5) Those who are naturalized in accordance with law.  the mother of the person making the election must be a citizen of the
Philippines
So also, the principle of jus sanguinis, which confers citizenship by virtue of blood  said election must be made “upon reaching the age of majority.”
relationship was subsequently retained under the 1973 4 and 1987 5 Constitutions.”

ROA DOCTRINE (Tranquilino Roa v. Insular Collector of Customs): Commented [APP36]: Not carried over in the 1987
Exception: justifiable reason (believed in good faith that you are a Filipino citizen
Constitution
 Those born in the Philippines of alien parents are deemed citizens of the from the very start.)
Philippines (jus soli).
 Was decided by the SC in October 30, 1912 but was overturned in
September 16, 1947
 Exemption to the Jus Sanguinis Rule.
 General Rule: They are NOT Filipino because of jus sanguinis.
Except when they are judicially declared to be Filipino Citizens before
September 16, 1947. They are Filipino Citizens because of jus soli.
Notarized Affidavit of Filipino Citizenship: (4) By accepting commission in the military, naval or air service of a foreign country;

(5) By cancellation of the certificate of naturalization;

COMMONWEALTH ACT No. 625
(6) By having been declared by competent authority, a deserter of the Philippine
AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT armed forces in time of war, unless subsequently, a plenary pardon or amnesty has
PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE been granted; and
MOTHER IS A FILIPINO CITIZEN
(7) In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in
Section 1: The option to elect Philippine Citizenship in accordance with subsections force in her husband's country, she acquires his nationality. Commented [APP39]: NOT INCLUDED ANYMORE
(4), Section 1, Article IV of the Constitution shall be expressed in a statement to be
signed and sworn to by the party concerned before any officer authorized to
administer oaths, and shall be filed with the nearest civil registry. The said party Children of Filipino Fathers or Mothers
shall accompany the aforesaid……
SECTION 1. The following are citizens of the Philippines:
Election in a formal manner – formal process of election of citizenship.
(2) Those whose fathers or mothers are citizens of the Philippines;
When to elect?
NATURALIZATION: JURIDICAL, ADMINISTRATIVE, LEGISLATIVE -
Within 3 years upon reaching the age of majority. Except when there is a justifiable
reason for the delay. Article 4, Section 1:

Citizenship by Election = Natural-Born Citizen

Philippine citizenship can never be treated like a commodity that can be claimed
when needed and suppressed when convenient. One who is privileged to elect
Philippine citizenship has only an inchoate right to such citizenship. As such, he
should avail of the right with fervor, enthusiasm and promptitude.
SECTION 1. The following are citizens of the Philippines:
(4) Those who are naturalized in accordance with law. Commented [APP40]: Entirely Similar with the provision
in 1973 Constitution
Article 4, Section 2:

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from
REPUBLIC OF THE PHILIPPINES, petitioner, vs. CHULE Y. LIM, birth without having to perform any act to acquire or perfect their Philippine
respondent. citizenship. Those who elect Philippine citizenship in accordance with paragraph (3),
Plainly, the above constitutional and statutory requirements of Section 1 hereof shall be deemed natural-born citizens.
electing Filipino citizenship apply only to legitimate children. These
do not apply in the case of respondent who was concededly an
3 Modes of Naturalization:
illegitimate child, considering that her Chinese father and Filipino
mother were never married. As such, she was not required to
comply with said 1. Judicial Naturalization
constitutional and statutory requirements to become a Filipino
citizen. By being an illegitimate, child of a Filipino mother, Commonwealth Act. 473:
respondent automatically became a Filipino upon birth. Stated
differently, she is a Filipino since birth without having to elect
Section 2. Qualifications. – Subject to section four of this Act, any person having the
Filipino citizenship when she reached the age of majority.
following qualifications may become a citizen of the Philippines by naturalization:

Under Commonwealth Act No. 63, a Filipino citizen may lose his citizenship:
First. He must be not less than twenty-one years of age on the day of the
(1) By naturalization in a foreign country; hearing of the petition;

(2) By express renunciation of citizenship; Second. He must have resided in the Philippines for a continuous period of
not less than ten years;
(3) By subscribing to an oath of allegiance to support the constitution Or laws of a
foreign county upon attaining twenty-one years of age or more;
 Third. 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.
Fourth. He must own real estate in the Philippines worth not less than five
thousand pesos, Philippine currency, or must have some known lucrative
trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of
the principal Philippine languages; and
Sixth. 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.
Exceptions:
Section 3:
1. Having honorably held office under the Government of the Philippines or
under that of any of the provinces, cities, municipalities, or political
subdivisions thereof;
2. Having established a new industry or introduced a useful invention in
the Philippines;
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the Philippines in a public or
recognized private school not established for the exclusive instruction of
children of persons of a particular nationality or race, in any of the branches
of education or industry for a period of not less than two years;
5. Having been born in the Philippines
Disqualifications:
Section 4. Who are disqualified? - The following cannot be naturalized as Philippine
citizens:
a. Persons opposed to organized government or affiliated with any
association or group of persons who uphold and teach doctrines
opposing all organized governments;
b. Persons defending or teaching the necessity or propriety of violence,
personal assault, or assassination for the success and predominance of their
ideas;
c. Polygamists or believers in the practice of polygamy;
d. Persons convicted of crimes involving moral turpitude;
e. Persons suffering from mental alienation or incurable contagious
diseases;
f. 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;
g. Citizens or subjects of nations with whom the United States 2and the
Philippines are at war, during the period of such war; Commented [APP41]: Only applies during war time
h. Citizens or subjects of a foreign country other than the United
States 3whose laws do not grant Filipinos the right to become
naturalized citizens or subjects thereof.
Effect of naturalization:
Section 15. Effect of the naturalization on wife and children.—
Any woman who is now or may hereafter be married to a citizen of the
Philippines, and who might herself be lawfully naturalized shall be deemed a
citizen of the Philippines.
Minor children of persons naturalized under this law who have been born in the
Philippines shall be considered citizens thereof.
A foreign-born minor child, if dwelling in the Philippines at the time of the
naturalization of the parent, shall automatically become a Philippine citizen, and
a foreign-born minor child, who is not in the Philippines at the time the parent is
naturalized, shall be deemed a Philippine citizen only during his minority, unless
he begins to reside permanently in the Philippines when still a minor, in which
case, he will continue to be a Philippine citizen even after becoming of age.
A child born outside of the Philippines after the naturalization of his parent,
shall be considered a Philippine citizen, unless one year after reaching the age of
majority, he fails to register himself as a Philippine citizen at the American Consulate
of the country where he resides, and to take the necessary oath of allegiance.

Moy Ya Lim Yao v. Commissioner of Immigration
Lau Yuen Yeung was a Chinese Citizen. Moy Ya Lim Yao was a
naturalized Filipino. Lau Yuen Yeung came to the PH and was
allowed under her visa to stay for a month. Several extensions were
made.
However, Lau Yuen Yeung could not write nor speak English or
Tagalog, could not name any Filipino neighbor, with a Filipino name
except Rosa.
“an alien woman marrying a Filipino, native born or naturalized,
becomes ipso facto a Filipina provided she is not disqualified to be
a citizen of the Philippines under Section 4 of Commonwealth Act
473.”
Grounds for Denaturalization:
Upon motion made in the proper proceedings by the Solicitor-General or his
representative, or by the proper provincial fiscal, the competent judge may cancel the
naturalization certificate issued and its registration in the Civil Register:
1. If it is shown that said naturalization certificate was obtained fraudulently or
illegally.
2. If the person naturalized shall, within the five years next following the issuance of
said naturalization certificate, return to his native country or to some foreign country
and establish his permanent residence there: Provided, That the fact of the person
naturalized remaining for more than one year in his native country or the country of
his former nationality, or two years in any other foreign country, shall be considered
as prima facie evidence of his intention of taking up his permanent residence in the
same;
3. If the petition was made on an invalid declaration of intention;
4. If it is shown that the minor children of the person naturalized failed to graduate
from a public or private high schools recognized by the Office of Private Education of
the Philippines, where Philippine history, government and civics are taught as part of
the school curriculum, through the fault of their parents either by neglecting to support
them or by transferring them to another school or schools. A certified copy of the
decree cancelling the naturalization certificate shall be forwarded by the clerk of the
Court to the Department of the Interior and the Bureau of Justice.
5. If it is shown that the naturalized citizen has allowed himself to be used as a
dummy requiring Philippine citizenship as a requisite for the exercise, use or
enjoyment of a right, franchise or privilege.
2. Administrative Naturalization
RA 9139:
Applies exclusively to native-born aliens who lived in the Philippines all their lives.
So v. Republic
A native-born Chinese who lived in Binondo, Manila since birth.
Filed a petition for Naturalization before RTC under 473. Was only
20 years old at the time of the first hearing. Lacks some
qualifications under CA 473 but fulfills all qualifications under RA
9139. RTC approved the petition.
OSG’s appeal – He cannot be naturalized by the court. He must
show that he has the qualifications under RA 9139, which I have
satisfied.
Petitioner’s argument – can be naturalized under CA 473 and rely in
the qualifications under RA 9139, which he had satisfied.
Ruling: CA 473 is not the same as RA 9139. Petitioner’s contention
that the qualifications an applicant for naturalization should possess
are those provided for in RA 9139 and not those set forth n CA No.
473 is barren of merit. Both Laws are separate and distinct laws.
Special Committee for Naturalization.
Qualifications:
Section 3. Qualifications. - Subject to the provisions of the succeeding section, any
person desiring to avail of the benefits of this Act must meet the following
qualifications:
(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing
of his/her petition;
(c) The applicant must be of good moral character and believes in the underlying
principles of the Constitution, and must have conducted himself/herself in a proper
and irreproachable manner during his/her entire period of residence in the Philippines
in his relation with the duly constituted government as well as with the community in
which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any
public school or private educational institution dully recognized by the Department of
Education, Culture and Sports, where Philippine history, government and civics are
taught and prescribed as part of the school curriculum and where enrollment is not
limited to any race or nationality: Provided, That should he/she have minor children of
school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful
occupation, from which he/she derives income sufficient for his/her support and if
he/she is married and/or has dependents, also that of his/her family: Provided,
however, That this shall not apply to applicants who are college degree holders but
are unable to practice their profession because they are disqualified to do so by
reason of their citizenship;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects
of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to
learn and embrace the customs, traditions and ideals of the Filipino people.
Section 11. Status of Alien Wife and Minor Children. - After the approval of the
petition for administrative naturalization in cancellation of applicant's alien certificate
of registration, applicant's alien lawful wife and minor children may file a petition
for cancellation of their alien certificates of registration with the Committee
subject to the payment of the filing fee of Twenty thousand pesos (P20,000.00)
and naturalization fee of Forty thousand pesos (P40,000.00) payable as follows:
Twenty thousand pesos (P20,000.00) upon the approval of the petition and Twenty
thousand pesos (P20,000.00) upon the taking of the oath of allegiance to the
Republic of the Philippines.
Section 12. Status of Alien Husband and Minor Children. - If the applicant is a
married woman, the approval of her petition for administrative naturalization will not
benefit her alien husband but her minor children may file a petition for
cancellation of their alien certificates of registration with the BI subject to the
requirements of existing laws.
Section 13. Cancellation of the Certificate of Naturalization. - The Special Committee
may cancel certificates of naturalization issued under this Act in the following cases:
(a) If it finds that the naturalized person or his duly authorized representative made
any false statement or misrepresentation or committed any violation of law, rules and
regulations in connection with the petition for naturalization, or if he otherwise obtains
Philippine citizenship fraudulently or illegally, the certificate of naturalization shall be
cancelled;
(b) If the naturalized person or his wife, or any or his minor children who acquire
Filipino citizenship by virtue of his naturalization shall, within five (5) years next
following the grant of Philippine citizenship, establish permanent residence in a
foreign country, that individual's certificate of naturalization or acquired citizenship
shall be cancelled or revoked: Provided, That the fact of such person's remaining for
more than one (1) year in his country of origin, or two (2) years in any foreign country,
shall be considered prima facie evidence of intent to permanently reside therein;
(c) If the naturalized person or his wife or child with acquired citizenship allows
himself or herself to be used as a dummy in violation of any constitutional or legal
provision requiring Philippine citizenship as a condition for the exercise, use or
enjoyment of a right, franchise or privilege, the certificate of naturalization or acquired
citizenship shall be cancelled or revoked; and
(d) If the naturalized person or his wife or child with acquired citizenship commits any
act inimical to national security, the certificate of naturalization or acquired citizenship
shall be cancelled or revoked.
In case the naturalized person holds any hereditary title, or belong to any order of
nobility, he shall make an express renunciation of his title or membership in this order
of nobility before the Special Committee or its duly authorized representative, and
such renunciation shall be included in the records of his application for citizenship.
3. Legislative Naturalization
Commented [APP42]: Special Committee for
Congress will pass a law, in the exercise of their functions as a legislative body.
Naturalization
Loss and Reacquisition of Citizenship:
Article 4, Section 3:
SECTION 3. Philippine citizenship may be lost or reacquired in the manner
provided by law.
Modes of Losing Citizenship:
Section 1 of CA 63, as amended by RA 9225:
Commented [APP44]: Policy: Natural-born Filipino
citizens who acquired foreign citizenship may retain or
(1) ***By naturalization in a foreign country; reacquire Filipino citizenship.
Commented [APP45]: Citizen Retention and
(2) By express renunciation of citizenship;
Reacquisition Act
Commented [APP43]: Same requirements in Section 11
(3) ***By subscribing to an oath of allegiance to support the constitution or laws of a
foreign country upon attaining twenty-one years of age or more: Provided,
Commented [APP46]: No longer true, amended RA 9225
however, That a Filipino may not divest himself of Philippine citizenship in any
manner while the Republic of the Philippines is at war with any country; Commented [APP47]: Jurisprudence does not provide a
proper way of renouncing the citizenship
(4) By rendering services to, or accepting commission in, the armed forces of a
foreign country Commented [APP48]: No longer true, amended by RA
9225
(5) By cancellation of the of the certificates of naturalization;
(6) By 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;
Modes of Reacquiring Citizenship:
1. Take Oath of Allegiance under RA 9225 (Section 3)
2. Naturalization
3. PD 725
4. Repatriation
CA 63, Section. 2. How citizenship may be reacquired. – Citizenship may be
reacquired:
(1) By naturalization: Provided, That the applicant possess none of the
disqualification's prescribed in section two of Act Numbered Twenty-nine
hundred and twenty-seven,
(2) By repatriation of deserters of the Army, Navy or Air Corp: Provided, That
a woman who lost her citizenship by reason of her marriage to an alien may
be repatriated in accordance with the provisions of this Act after the
termination of the marital status; and
(3) By direct act of the National Assembly.
Maquiling v. COMELEC
Respondent Rommel Arnado is a natural-born Filipino citizen who
subsequently lost his Filipino citizenship after becoming a
naturalized American citizen. He took an Oath of Allegiance and
applied for repatriation under RA 9225 on April 3, 2009 and
executed an affidavit of renunciation. On November 30, 2009 he
filed his COC. To for mayor of Kauswagan, Lanao del Norte and his
candidacy was questioned.
How to retain Filipino Citizenship?
Section 3. Retention of Philippine Citizenship - Any provision of law to
the contrary notwithstanding, natural-born citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have re-
acquired Philippine citizenship upon taking the following oath of allegiance to
the Republic:
"I _____________________, solemny swear (or affrim) that I will
support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated by the
duly constituted authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority of the Philippines
and will maintain true faith and allegiance thereto; and that I
imposed this obligation upon myself voluntarily without mental
reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippine citizenship
upon taking the aforesaid oath.
Additional Requirement if you run for public office: Commented [APP49]: If they want to run for office, they
need to file an affidavit of renunciation.
Affidavit of Renunciation:
Section 5 (2), RA 9225:
(2) Those seeking elective public in the Philippines shall meet the
qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized
to administer an oath;
The use of foreign passport after renouncing one’s foreign citizenship is a positive
and voluntary act of representation as to one’s nationality and citizenship; it does not
divest Filipino citizenship regained by repatriation but it….
Different rule for dual citizens by birth:
Arnado’s category of dual citizenship is that by which foreign citizenship is acquired
through a positive act of applying for naturalization. This is distinct from those
considered dual citizens by virtue of birth, who are not required by law to take the
oath of renunciation as the mere filing of the certificate of candidacy already carries
with it an implied renunciation of foreign citizenship. 39 Dual citizens by naturalization,
on the other hand, are required to take not only the Oath of Allegiance to the Republic
of the Philippines but also to personally renounce foreign citizenship in order to
qualify as a candidate for public office.
 LOPEZ v. COMELEC Frivaldo v. COMELEC

Lopez was formerly a natural born Filipino, then he got naturalized
in the United States and returned to the Philippines and applied for
retention of the Filipino citizenship by virtue of RA 9225 and the
same was granted.
He then filed a certificate of candidacy to become a barangay
chairman of Iloilo. His qualifications were questioned by his
opponent. According to his opponent, he should be disqualified
because he was a dual citizen. Lopez said he cannot be disqualified
invoking the case of Manzano and Valles.
The Supreme Court said that Lopez cannot invoke the doctrines
enunciated in the case of Manzano and Valles because they are
different from his case, in a sense that in the case of Manzano and
Valles, they became dual citizens by virtue of the cross application
of the jus soli and jus sanguinis principles. But in the case of Lopez,
he became a dual citizen by virtue of his having applied for under
RA 9225.
Sec 5 par 2 of RA 9225 provides that if a dual citizen would want to
run for a public office, it is not enough that he swears an oath of
allegiance, he also has to make an affidavit repudiating any other
allegiances, which was not duly complied with by Lopez. Hence,
Lopez was disqualified.
Derivative Naturalization under RA 9225:
Section 4. Derivative Citizenship - The unmarried child, whether legitimate,
illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the
Philippines.
(2) NATURALIZATION
Ran as Governor of Sorsogon for 3 times. First 2 tries, he was
judicially declared a non-Filipino and thus twice disqualified from
holding office. He applied for repatriation under PD 725 on August
17, 1994. He won as Governor on May 8. His application for
repatriation was granted on June 21, 1995. He took his oath of
allegiance as a citizen on June 30, 1995 at 2pm. Lee was
announced as the Governor at 8pm on the same date.
SC Ruling: You must be a citizen of the PH on the date of
proclamation, not necessarily on the date of election of filing of the
COC. Effect of repatriation retroacts on the date of filing his
application on August 17, 1994.
Why retroactive?
If PD 725 were not to be given retroactive effect, and the Special
Committee decides not to act, …
Section 5, Article 4, 1987 Constitution:
SECTION 5. Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law.
Dual allegiance is larger and more threatening than that of mere double citizenship
which is seldom intentional and, perhaps, never insidious. Dual citizenship is often a
function of the accident of marriage or of birth of foreign soil.

(3) REPATRIATION UNDER PD 725

Filipino women who lost their Philippine citizenship by marriage to aliens.

Natural born Filipinos who have lost their Philippine citizenship.

(4) REPATRIATION UNDER 8171

1. Filipino women who have lost their Philippine citizenship by marriage to aliens.

2. Natural-born Filipinos who have lost their Philippine citizenship, including their
minor children, on account of political or economic necessity.