ART. 4 Citizenship

ST. THOMAS MORE INC.
School of Law and Business

Tagum City, Philippines
"Philippine citizenship is a gift that must be deserved to be

retained. The Philippines, for all her modest resources compared to
those of other states, is a jealous and possessive mother demanding
total love and loyalty from her children.“
-Justice Isagani Cruz-

Citizenship
• The membership in a political community with full civil and
political privilege and this membership imply, reciprocally, a duty
of allegiance on the part of the member and duty of protection on
the part of the state.
• This legal relationship involves rights and obligations on the part

of both the individual and the state itself.
• It is personal and more or less permanent in character

- Bernas-
Citizen
A person having the title of citizenship. He is a member of

democratic community who enjoys full civil and political rights and
is accorded protection inside and outside the territory of the State.
DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY
1.Citizenship is membership in a democratic or political

community, whereas nationality is membership in any political
community whether monarchial, autocratic or democratic;
2.Citizenship follows the exercise of civil and political rights

whereas nationality does not necessarily carry with it the exercise
of political rights;
3.3. A person can be a citizen of one country and a national of

another.
ALIEN
A citizen of a country who is residing in or passing through another

country. He is particularly called “foreigner”. He is not given the
full rights of citizenship but is entitled to receive protection as to
his person and property.
GENERAL WAYS OFACQUIRING CITIZENSHIP?

A. Involuntary Method
1. By birth
a. Jus sanguinis – on the basis of blood relationship
b. Jus soli- on the basis of the place of birth
2. Through the change of sovereignty which result in the
acquisition by each individual of the ceded or acquired
territory of the citizenship under the new sovereign in the
absence of treaty stipulations to the contrary. •
3. Through direct legislative grant.
B.Voluntary Method
1. Through marriage which result in the acquisition by the wife
of the citizenship of the husband in case of difference in
citizenship of the parties, except where the wife is barred
from acquiring the citizenship of the husband by the law of
the nation of the latter. •
2. Through the election which is the acquisition of citizenship
after reaching the age of majority; •
3. Naturalization of the head of the family which result in the
naturalization of the wife and the minor children living with
him
1. Citizens
☼ a. Natural-born(SC Justice, pres, vicepres, senator……., cong.
☼ b. Naturalized (Governor, mayor, …..
☼ c. Duals
☼ 2. Aliens
☼ 3. Stateless individuals
WHAT ARE THE DIFFERENT KINDS OFCITIZENS UNDER

THE CONSTITUTION?
1. Natural-born citizens •
2. Citizens at the time of the adoption of this Constitution

•
3. Those who elect Philippine citizenship upon reaching

the age of reason •
4. Those who are naturalized in accordance with law.

WHO ARE THE CITIZENS OF THE PHILIPPINES?
Section 1 provides that the following are deemed 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.
☼ Tecson v. COMELEC (2004)– illegitimate

child of Filipino father and alien woman
(FILIPINO)[HOWEVER, the father must be
known, establish filiation] (No distinction as to w/n the child
is legitimate)
☼ Republic v. Lim (2004)- illegitimate child of

a Filipina woman and alien man (FILIPINO as there
is no distinction)
☼ All Filipinos - The Constitution does not

distinguish whether child is legitimate or
illegitimate
☼ 62. A child born in the United States to a Filipino mother

and an American father is
☼ A. a Filipino citizen by election.
☼ B. a repatriated Filipino citizen.
☼ C. a dual citizen. ( second answer)
☼ D. a natural born Filipino citizen. (Correct Answer)

Note in Art. IV, Sec 1 (3):
(3) Those born before Jan. 17, 1973 of Filipino mothers who
elect Philippine citizenship upon reaching the age of
majority
☼ [Lim case: Must an illegitimate child of a Filipino woman

and an alien man also elect?]
☼ NO! this provision applies only to legitimate children
☼ If illegitimate, no need of election……

1990, No. 3: Y was elected Senator in the May 1987

national elections. He was born out of wedlock in 1949 of
an American father and a naturalized Filipina mother. Y
never elected Philippine citizenship upon reaching the
age of majority.
Is Y a natural-born Filipino citizen?

a. No, because he failed to elect Philippine citizenship upon
reaching the age of majority.
b. No, because while he is not required to elect, he is not
natural-born Filipino
c. No, because he follows the citizenship of his father
d. Yes, because being illegitimate, election does not apply to
him
1996, No. 8: X was born [a legitimate child] in the United States

of a Filipino father and a Mexican mother. He returned to the
Philippines when he was 26 years of age, carrying an American
passport and he was registered as an alien with the Bureau of
Immigration. Was X qualified to run for membership in the
House of Representatives in the 1995 elections.
a. Yes, because one whose father or mother is a Filipino is also a

Filipino
b. No, because he was born in the US which follows the jus soli
principle
c. No, because the fact the he carried an American passport proves
that he is an American
d. No, because his mother, being a Mexican, he has a dual
citizenship
☼ 1998, No. 4: Andres Ang was born of a Chinese

father and a Filipino mother in Sorsogon on
Jan. 20, 1973. In 1988, his father was
naturalized as a Filipino citizen. On May 11,
1998, Ang was elected Representative of the
First District of Sorsogon.
☼ Is Ang a natural born citizen of the
Philippines?
1. Who can elect? Requisites:

(a) Must be a legitimate child
(b) Mother is Filipino and father is alien
(c) Born prior to Jan. 17, 1973 (when 1935
constitution was in effect.)
At what time must the mother be Filipino?

Republic v. Lim: Must the illegitimate child of
a Filipino woman and an alien man elect
Filipino citizenship?
2. When do you elect?
Constitution: “upon reaching the age of majority”

Jurisprudence: “within a reasonable time upon reaching the age of
majority” [3 years]
Re Application for Admission: Election 14 years from reaching the

age of majority. a guy passed a bar at 34 years old but it was
discovered that the child was born with a Filipino mother and alien
father. But failed to elect.
Ruling: Not Allowed anymore to elect. The reasonable time is only

3 years.
1999, No. 3©: Victor Ahmad was born on Dec. 16, 1972 of a
Filipino mother and an alien father. Under the law of his
father’s country, his mother did not acquire his father’s
citizenship. Victor consults you on Dec. 21, 1993 (3 years
old and 5 days already upon reaching age of majority) and
informs you of his intention to run for Congress in the 1995
elections. Is he qualified to run? What advice would you
give him? Would your answer be the same if he had seen
and consulted you on Dec. 16, 1991 and informed you of his
desire to run for Congress in the 1992 elections?
a.Victor cannot anymore elect (3 years old and 5 days
already upon reaching age of majority). Hence, he is not
qualified to run.
b.Answer will be different since Victor is within reasonable
time being only 19 years old at the time…. The right to elect
is within that period. Hence, he can run.
(Note: Age requirement for congress)
3. How do you elect? Ma v. Commissioner (2010)

(a) Residing in the Philippines (make)
(1) statement of election under oath
(2) Oath of allegiance to the Constitution/ PHGovernment
(3) Registration of (1) and (2) with Civil Registrar
(b) Residing abroad (1 and 2 apply) +
-Register with the Philippine diplomatic or consular office
Re Application for Admission: Can there be an implied
election? ( a person born with Filipino mother and alien father..
They were able to elect but failed to register the same. SOLGEN
deported him for failure to register in LCR.
Held- SC made exception in of the fact that said person had lived in
the country for 50 years, voted for several elections, worked as
government official. EXEMPTION.
THERE IS NO More IMPLIED ELECTION since the
aforementioned!!!!!!!!!!!!!!!!
Public Offices exclusive for natural-born citizens:

1.Elective Office:
a. President
b. Vice-President
c. Senators
d. Members of House of Representatives
2.Appointive Offices:
a. Supreme Courts and lower collegiate courts
b. Constitutional Commissions
c. Ombudsman and Deputy OMB
d. Monetary Board
e. Commission on Human Rights
(4) Those who are naturalized in accordance with law: (JAL)

(a) Judicial naturalization (CA 473)
1.File a declaration of intention before the SOLGEN
to be naturalized as Filipino Citizen
2.File the Petition with RTC
3.Publication with Official Gazzete and Newspaper of
General Circulation
4.Hearing ……If granted, you undergo Probational
period of 2 years
5.If found satisfactory, you take oath of allegiance,
almost 3 years all in all.
(b) Administrative naturalization
(c) Legislative naturalization
WHAT IS NATURALIZATION?
Naturalization is the legal act of adopting a foreigner into the

political body of the state and clothing him with the rights and
privileges of a citizen. It implies the renunciation of a former
nationality and the fact of entrance to a similar relation towards a
new body politic.
A person may be naturalized either by complying with both the

substantive and procedural requirements of a general
naturalization law or he may be naturalized by a special act of the
legislature.
Re: Naturalization:
1. Not a right but a mere privilege (doubts in the

law shall be strictly construed against the
application) even if the applicant is a former
Filipino in view of the fact that it is merely a
privilege.)
2. Not barred by res adjudicata (if granted , it
can still be questioned anytime.)
3. Naturalization of the father benefits wife and
minor children (DERIVATIVE NATURALIZATION…
ONLY MINOR CHILDREN BENEFIT)
4. Action for denaturalization does not prescribe
(YOU CAN BE DENATURALIZED ANYTIME)
WHAT ARE THE QUALIFICATIONS FOR NATURALIZATION?

Under the Naturalization Law, and as provided in Section 2, C.A. No. 573, as
amended, the petitioner for naturalization is required to possess the
following qualifications:
1.The petitioner must not be less than 18 years old on the date of the
hearing of the petition.
2.The petitioner must have resided in the Philippines for ten years, which
should be continuous.
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.
4.The petitioner must own real estate in the Philippines worth not less than
P5,000 in the Philippine currency, or must have some lucrative trade,
profession, or lawful occupation.
5.The petitioner must be able to speak and write English or Spanish and any
one of the principal Philippine languages.
6.The Petitioner must have enrolled his children of school age in any of the
public schools recognized y the government where the Philippine history,
government, and civics are taught or prescribed as part of the school
curriculum during the entire period of the residence required of him, prior
to the hearing of his petition for naturalization as citizen.
The residence requirement of ten years is reduced to five years

under any of the following instances:
1.The petitioner has honorably held office under the Government of

the Philippines or under that of any political subdivisions.
2.If the application has established a new industry or introduced a
useful invention in the Philippines
3.If the petitioner is married to female citizen of the Philippines.
4.If the applicant had been a teacher in a public or recognized
private school not established for the exclusive instruction of
children of persons of a particular nationality or race in the
Philippines for two years.
☼ 1. Filipino citizenship may be acquired through judicial

naturalization only by an alien
☼ A. born, raised, and educated in the Philippines who has
all the qualifications and none of the disqualifications to
become a Filipino citizen.
☼ B. who has all the qualifications and none of the
disqualifications to become a Filipino citizen.
☼ C. born and raised in the Philippines who has all the
qualifications and none of the disqualifications to become
a Filipino citizen.
☼ D. whose mother or father is a naturalized Filipino and
who himself is qualified to be naturalized.
1994, No. 7 and 1998, No. 10: Lim tong Biao, a Chinese citizen
applied for and was granted Philippine citizenship by the court. He
took his oath as citizen of the Philippines in July 1963. In 1975,
the Office of the SolGen filed a petition to cancel his Philippine
citizenship for the reason that in Aug. 1963, the Court of Tax
Appeals found him guilty of tax evasion for deliberately
understating his income taxes for the years 1959-61.
Can Lim Tong Biao’s Filipino citizenship be cancelled?
a.No, because due to the lapse of time prescription has set in
b.No, because the RTC’s granting citizenship is now res judicata
c.Yes, because an action for denaturalization is not subject to
prescription (CA)
d.Yes, because while prescription applies, the period provided by
law has not yet lapsed
Ra No. 9139 – Administrative Naturalization Law of 2000

(requisites)
1. Born in the Philippines and residing therein since

birth
2. Not less than 18 years of age at the time of filing at

the Special Committee on Naturalization
92. The Special Committee on Naturalization is

headed by______
A. the Secretary of Justice.

B. the Secretary of Foreign Affairs.
C. the National Security Adviser.
D. the Solicitor General.
By direct act of Congress. Basis: “those who may be

naturalized in accordance with law.” (may refer to General
or Special Law)
Plenary power of Congress.

2005, No. 9: In the May 8, 1995 election for local officials whose
term were to commence on June 30, 1995, Ricky filed on March
30, 1995 his COC for Governor of Laguna. He won, but his
qualification as an elected official was questioned. It is admitted
that he is a repatriated Filipino citizen. To be qualified for the
office to which a local official has been elected, when at the latest
should he be a Filipino citizen?
a.At the time of proclamation and at the start of his term

b.On the day of the election
c.At the time he files his certificate of candidacy
d.At least one year before the election
WHO ARE CONSIDERED AS NATURALBORN CITIZENS?
Section 2 provides that Natural-born citizens are:
1.those who are citizens of the Philippines from birth

without having to perform any act to acquire or perfect
their Philippine citizenship.
2.Those who elect Philippine citizenship in accordance with

paragraph (3), Section 1 of Article 4 of the Philippine
Constitution shall be deemed natural-born citizens.
2006, No. 8(a): Atty. Emily Go, a legitimate daughter of a Chinese

father and a Filipino mother, was born in1945. At 21, she elected
Philippine citizenship and studied law. She passed the bar and
engaged in private practice. Her nomination is being contested by
Atty. Juris Castillo, also an aspirant to the position. She claims
that Atty. Go is not a natural-born citizen, hence, not qualified to
be appointed to the Supreme Court. Is the contention correct?
Is Atty. Go a natural born Filipino citizen?
a.No, because she performed an act in order to complete or perfect
her citizenship
b.No, because she made the election prior to the effectivity of the
1987 Constitution
c.Yes, because those who elect Philippine citizenship because only
their mothers are Filipino are deemed natural born.
d.Yes, because in her case, election is a surplusage because one of
her parents is was a Filipino citizen
2006, 8(b): atty. Richard Chua was born in 1964. He is a

legitimate son of a Chinese father and a Filipino mother. His
father became naturalized Filipino citizen when Atty. Chua was
still a minor. Eventually, he studied law and was allowed by the
Supreme Court to take the bar examinations, subject to his
submission to the Supreme Court proof of his Philippine
citizenship. Although he never complied with such requirement.
Atty. Chua practiced law for many years until one Noel Eugenio
filed with the Supreme Court a complaint for disbarment against
him on the ground that he is not a Filipino citizen. He then filed
with the Bureau of Immigration an affidavit electing Philippine
citizenship. Noel contested it claiming it was filed many years
after Atty. Chua reached the age of majority. Will Atty. Chua be
disbarred. Explain.
a.Yes, not having elected Philippine citizenship he is an alien
b.Yes, because even if he is a Filipino since his father was
naturalized while Atty. Chua was still a minor, he is not natural
born
c.No, since he was a minor when his father was naturalized, he also
obtained derivative citizenship.
d. No, because lack of citizenship is not a ground for disbarment
under Rule 139-B
2003, No. 4; 2002, No. 1; 1999, No. 3:

Julio Hortal was born of Filipino parents. Upon reaching the age of
majority, he became naturalized citizen in another country. Later he
reacquired Philippine citizenship. Could Hortal regain his status as a
natural-born Filipino citizen? Would your answer be the same whether he
reacquires his Filipino citizenship by repatriation or by act of Congress?
Explain? [by repatriation?]
PRINCIPLE: If he reacquired the same by repatriation – he is restored
to his former status as natural born. If it is through or by act of congress- he
is not natural born by reason of the fact that he is naturalized by act of
congress.
GENERAL RULE: IF CITIZENSHIP IS REACQUIRED BY ANY ACT (ACT BY

CONGRESS OR NATURALIZTION) OTHER THAN REPATRIATION;
RESTORAITON TO A FORMER STATUS AS NATURAL BORN CANNOT BE
HAD.
a.No, because by getting repatriated he performed an act in order to perfect

his citizenship
b.No, because once the status of being a natural-born citizen is lost, there is
no way to regain it
c.Yes, because repatriation restores one to his former status as a natural-
born
d.Yes, because by getting naturalized in a foreign country, he ever lost his
status as a natural-born citizen
Section 3. Philippine citizenship may be lost or reacquired in the

manner provided by law.
HOW FILIPINO CITIZENSHIP MAY BE LOST? Filipino citizen may

lose his citizenship in any of the following ways:
1.Voluntary
2.Involuntary
VOLUNTARY LOSS (EXPATRIATION):

Grounds for loss: (CA 63)
1.Naturalization in a foreign country, except if he avails of RA
9225(2003). (Naturalization in another country does not necessarily
result in loss of Filipino citizenship under RA 9225 because it is a
law of retainship and reacquisition)
2.Express renunciation of citizenship (no implied renunciation!
3. Subscribing to an oath of allegiance to support laws of another
country
4. Rendering service in the armed forces of another country
(exception: rendering service in a arm forces of foreign country
with whom the PH has defense treaty provided consent of PH
government is had)
5. Cancellation of certificate of naturalization (apply if you’re a naturalized
Filipino)
6. Desertion in the armed forces (apply only in an international war… not war with
rebels, milf)
Aznar case…. Not included passport…
☼ Modes of Reacquisition (NDRO)
1. Naturalization
2. Direct Act of Congress
3. Repatriation (ADMIN PROCEEDINGS!)
4. By taking an oath of allegiance under RA 9225 (natural-

born?]
RETENTION AND ACQUISITION OFCITIZENSHIP Under R.A.

9225 otherwise known as the “Citizenship Retention and
Re- acquisition Act of 2003” which was approved in August
29, 2003
Natural born citizens of the Philippines who have lost their

Philippine Citizenship by reason of naturalization as
citizens of a foreign country are deemed to have reacquired
Philippine citizenship upon taking an oath of allegiance to
the Philippine Republic
“I ___________, solemnly swear (or affirm) 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 impose this obligation upon
myself without mental reservation or purpose of evasion.”•
The natural-born citizens of the Philippines who, after the
effectivity of the Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the
aforesaid oath.
UNDER RA 9225:
DERIVATIVE CITIZENSHIP The unmarried child, whether

legitimate, illegitimate or adopted, below 18 years of age, of those
who reacquire Philippine citizenship upon effectivity of the Act
shall be deemed citizens of the Philippines.
RETENTION AND ACQUISITION OF CITIZENSHIPCIVIL AND

POLITICAL RIGHTS AND LIABILITIESThose who shall retain or re-
acquire Philippine citizenship under the Act shall enjoy full civil
and political rights and be subject to all attendant liabilities and
responsibilities under existing laws of the Philippines and the
following conditions:
1. Those intending to exercise their right of suffrage must meet
the requirement under Section 1, Article V of the Philippine
Constitution, RA 9189 otherwise known as “ The Overseas
Absentee Voting Act of 2003 and other existing laws.
2. Those seeking elective public office 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 oath;
3. Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the Philippines
and its duly constituted authorities prior to their assumption of
office. They must renounce their oath of allegiance to the foreign
country where they took that oath;
4. Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license or
permit to engaged in such practice; and
5. The right to vote or be elected or appointed to any public
office in the Philippines cannot be extended to, those who: a. Are
candidates for or are occupying any public office in the country of
which they are naturalized citizens; and/or b. Are in active service
as commissioned or noncommissioned officers in the armed forces
of the country of which they are naturalized.
☼ 1. Deserter in the armed forces (CA 63)
☼ 2. Filipina who lost citizenship by marriage to an alien (RA 8171)
☼ 3. Natural born who lost it by political or economic necessity

(Angat/Tabasa) (during marcos regime….. Those who went abroad
economic necessity and from political persecution and became
naturalized)
☼ 4. Any natural born who lost it by naturalization [PD 725] (still in effect)
☼ 5. Joining Armed Forces of US without consent of Philippine government

[Bengzon/RA 2630]
IMPLICATION: IF YOU REACQUIRED YOUR CITIZENSHIP BY REPATRIATION-

YOU ARE RESTORED TO YOUR FORMER STATUS AS NATURAL BORN
CITIZEN.
Take note! If you lost your citizenship by taking an oath of allegiance to

sup0port the constitution of foreign country or renouncement of
citizenship- you cannot get it back through repatriation..
Probably only by naturalization.

Take note of Frivaldo and Alterajos cases:

Principle of Retroactivity
GR: If you get back our citizenship through repatriation, it will

retroact to the date of application for repatriation. Hence,
consequences will have to be that I will be deemed to have
reacquired my filipino citizenship on the dqte of my application..
Who can reacquire Philippine citizenship through repatriation?

[5%]
a.a Filipino male who married a Saudi Arabian woman and joined
the forces of his wife’s country
b.b. a natural-born Filipino citizen who lost Philippine citizenship
in 1990 because he was naturalized in a foreign state
c.a 20-year old natural-born Filipino who lost citizenship while still
a minor because his parents lost Philippine citizenship on account
of political necessity (because it does not apply to children but to
the person himself)
d.a natural-born Filipino citizen who expressly renounced
Philippine citizenship after a long residency abroad
WHAT IS THE EFFECT OF MARRIAGE OF A CITIZEN TO AN ALIEN?
Sec. 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.
-Marriage alone does not result to loss of Philippine citizenship.
[Labo v. COMELEC]
-What acts will result to loss? (by naturalization, desertion, taking an oath
of allegiance or renunciation of citizenship, rendered service.)
-What omissions? As of to date, no omissions is defined. Only acts
Under Section 4, a Filipino citizen who marries an alien does not

automatically lose his or her citizenship, even if his or her
nationality was granted by his or her husband’s or wife’s country. •
Only by their act or omission are they deemed under the law to
have renounced their citizenship such as taking an oath of
allegiance to a foreign country. • If a Filipino woman marries an
alien and acquires her husband’s citizenship, she will possess two
citizenships, Philippine citizenship and that of her husband.
1994, No. 8:
In 1989, Zeny Reyes married Ben Tulog, a national of the
state of Kongo. Under the laws of Kongo, an alien woman
marrying a Kongo national automatically acquires a Kongo
citizenship. After her marriage, Zeny resided in Kongo and
acquired a Kongo passport. In 1991, Zeny returned to the
Philippines to run for governor of Sorsogon.
(1) Was Zeny qualified to run for Congressman? for
governor?
a.Yes, because marriage to an alien does not result to loss of
citizenship (ca)
b.No, because by acquiring a Congo passport she is deemed
to have renounced her Philippine citizenship
c.No, because by automatically acquiring Kongo citizenship
she is deemed to have renounced Philippine citizenship
d.No, because by choosing to reside in Kongo she became a
dual citizen and thus became ineligible for membership in
the House
2004, No. 4: TAC, a Filipina medical technologist, left in 1975 to

work in ZOZ State. In 1988 she married ODH, a citizen of ZOZ.
Pursuant to ZOZ’s law, by taking an oath of allegiance, she acquired
her husband’s citizenship.
ODH died in 2001, leaving her financially secure. She returned
home in 2002, and sought elective office in 2004 by running for
Mayor of APP, her hometown. Her opponent sought to have her
disqualified because of her ZOZ citizenship. She replied that
although she acquired ZOZ’s citizenship because of marriage, she
did not lose her Filipino citizenship. Both her parents, she said.
Are Filipino citizens.
Is TCA qualified to run for Mayor?
[House of Representatives]
a.No, because by marrying an alien she lost Philppine citizenship
b.No, because by her act of acquiring the citizenship of her husband
she lost Philippine citizenship
c.No, because be taking an oath of allegiance to her husband’s
country, she is deemed under the law to have renounced Philippine
citizenship (ca)
d.Yes, because marriage of a Filipino citizen to an alien does not
result to loss of Philippine citizenship
The others side: Effect on the citizenship of the alien:

1. Effect on the alien woman:
Moy Ya Lim Yao – CA 473, Art. 15: Any woman who is now or may
hereafter be married to a Filipino citizen and who might herself be
lawfully naturalized shall be deemed a citizen of the Philippines.”
-she is ipso facto a Filipino by marrying filipino if she possess none of
the disqualification
What is important is she is not disqualified. Meaning she is not violent, not
inflicted with or suffered sickness, or threat to the government. She
need not be a resident for a certain period, need not own property,
need not speak any dialect.
It is not automatic, it is subject to administrative proceeding

file an application with the BID showing
1. that she is married to a Filipino,
2. that she is not disqualified, not suffered sickness contagious
3. if BID satisfied that you are not disqualified, you will have to
take an oath and become a filipino.. No need to be naturalized WHICH
take a long time
Djumantan v. Domingo (1995) –

Marriage of an alien woman to a Filipino husband does not ipso facto
make her a Filipino citizen. (administrative proceeding must be had to
acquire Filipino citizenship with the BID)
2003, No. 3: Miss Universe from Finland, came to the

Philippines on a tourist visa. While in this country, she fell
in love with and married a Filipino doctor, Her tourist visa
having expired and after the maximum extension allowed
therefor, the BID is presently demanding that she leave the
country but she refuses to do so, claiming that she is
already a Filipino citizen by her marriage to a Filipino
citizen. Can the BID still order the deportation of Miss
Universe? Explain. [Is she a Filipino citizen?]
2. Effect on the Alien Male (TAKE NOTE!)
CA 473: Qualifications for naturalization:

1. Ten (10) year residency in the Philippines, exceptions:
In the following cases, residency is reduce to five (5)
years: xxx
-Being married to a Filipino woman
(ALIEN man does not ipso facto become a Filipino after
marriage and administrative proceeding but must comply
the qualification set forth for naturalization) the 5 year
residency period.) Hence, must apply for naturalization.
Section 5. Dual allegiance of citizens is inimical to the national

interest and shall be dealt with by law.
WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his state.
Note that what Section 5 prohibits is not dual citizenship but dual
allegiance of citizens. Dual citizenship arises because our laws
cannot control laws of other states on citizenship but dual
allegiance can be a matter of personal choice or decision.
Dual Citizenship – A situation in which an individual holds

citizenship in more than one country.
It arises when, as a result of the concurrent application of the

different laws of two or more states, a person is simultaneously
considered a national by more than one state.
B. Dual Citizenship v. Dual Allegiance

Dual allegiance- refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more
states
Dual citizenship is involuntary, dual allegiance is
intentional.
B. Causes of Dual Citizenship

(1) Those born of Filipino fathers and/or mothers in foreign
countries which follow the principle of jus soli;
(2) Those born of Filipino mothers and alien fathers if by
the laws of their fathers’ country such children are citizens of that
country;
(3) Those who marry aliens if by the laws of the latter’s country
the former are considered citizens, unless by their act or omission
they are deemed to have renounced Philippine citizenship.
(4) Those who retained or reacquired Philippine citizenship
under the provisions of RA No. 9225.
What has Congress done?
1. Sec. 40, RA 7160:

Sec. 40 (d), RA No. 7160 (Local Government Code of 1991):
Disqualification.—The following persons are disqualified from
running for any elective local position:
(d) Those with dual citizenship. (beware)
2. RA No. 9225: Citizenship Retention and Reacquisition Act

Question:
Are persons with dual citizenship prohibited from running for a local
elective position?
Valles v. COMELEC, 337 SCRA 543 (2000)

Valles mother was Filipino and her father was Australian… she was with
dual citizenship. She ran and won for governor. She was questioned on the
ground of prohibition in the Local Government Code?
Held- PERSON WITH DUAL CITIZENSHIP IS NOT PROHIBTED FROM RUNNING

LOCAL ELECTIVE POSITION. THE CONSTITUTION IS CONCERNED WITH DUAL
ALLEGIANCE AS PROHIBITED ONE… PROVISIONS IN LOCAL GOVERNMENT
CODE ON DUAL CITIZENSHIP PROHIBITION MUST BE UNDERSTOOD TO BE
DUAL ALLEGIANCE. MORESO, SC SAID THAT THE MERE ACT OF FILING A
CERTIFICATE OF CANDIDACY TERMINATES THE STATUS OF DUAL
CITIZENSHIP. IT IS DEEMED A RENOUNCIATION OF HIS ALIEN CITIZENSHIP.
Answer: No.
1. The phrase “dual citizenship” in RA 7160 should be

understood as “dual allegiance”
2. The mere act of filing of Certificate of Candidacy
terminates status as a person with dual citizenship
Is RA 9225 constitutional? AASJS v. Datumanong, 523

SCRA 108 (2007)
1. By swearing to supreme authority of the Republic of
the Philippines, he implicitly renounces his allegiance to
the foreign country [no dual allegiance];
2. By requiring an oath, it shifted the problem of dual
allegiance to the other country [other citizenship is not a
concern of the RA 9225]
1. Can dual citizens vote? YES AS A GENERAL RULE UNDER THE

ABSENTEE VOTING ACT [Nicolas-Lewis] Exceptions:
a. Not a candidate in a foreign country,
B. not occupying public office or in the armed forces of
the foreign country
2. Can you run for or get appointed to a public office? (MEMO)

YES BUT YOU MUST
(a) Make a personal and sworn renunciation of all
foreign citizenship upon filing
(b) Residency requirement [Caasi] this must be complied
(C)Not a candidate in a foreign country,
(d) Not occupying public office or in the armed
forces of the foreign country
Lopez v. COMELEC, 559 SCRA 696 (2008)

Lopez was a candidate for the position of Chairman of
Barangay Bagacay, San Dionisio, Iloilo City in the election held on
October 29, 2007. He was a dual citizen having been naturalized in
the United States but regained his Philippine citizenship by virtue
of RA No. 9225, otherwise known as the Citizenship Retention and
Re- acquisition Act of 2003. When his dual citizenship status was
questioned, he invoked Valles v. COMELEC, claiming that by filing
his certificate of candidacy, he is deemed to have renounced his
foreign citizenship.
Held: No! Lopez contention is wrong. Valles vs. comelec cannot be

applied. He must Make a personal and sworn renunciation of all
foreign citizenship upon filing (at the time of filing. His later
renunciation cannot be given effect as it must be made at the time
of filing.
3. Are you natural-born or not?

IX, 2009
Warlito, a natural-born Filipino, took up permanent
residence in the United States, and eventually acquired
American citizenship(naturalized). He then married Shirley,
an American, and sired three children. In August 2009,
Warlito decided to visit the Philippines with his wife and
children: Johnny, 23 years of age; Warlito, Jr., 20; and
Luisa, 17.
While in the Philippines, a friend informed him that he
could reacquire Philippine citizenship without necessarily
losing U.S. nationality. Thus, he took the oath of allegiance
required under R.A. 9225.
[a] Having reacquired Philippine citizenship, is Warlito a
natural-born or a naturalized Filipino citizen today? Explain
your answer. (3%)
Held: he is natural born filipino. In the first place, he is
deemed to have retained his natural born status by virtue of
Sec.2 DECLARATION POLICY OF RA 9225
“Section 2. Declaration of Policy - It is hereby declared the

policy of the State that all Philippine citizens of another
country shall be deemed not to have lost their Philippine
citizenship under the conditions of this Act.”
2009, IX
[b] With Warlito having regained Philippine
citizenship, will Shirley also become a Filipino citizen?
If so, why? If not, what would be the most speedy
procedure for Shirley to acquire Philippine
citizenship? Explain. (3%)
NO derivative citizenship. Pursuant to mo ya lim yao… no need
naturalization proceeding. Only undergo administrative proceeding with
BID
[c] Do the children --- Johnny, Warlito Jr., and Luisa

--- become Filipino citizens with their father's
reacquisition of Philippine citizenship? Explain your
answer. (3%)
Only Luisa the minor acquires filipino citizenship by virtue of Derivative
Citizenship Sec. 3 of RA 9225
Petition for Leave…, 540 SCRA 424 (2007)

Dacanay was admitted to the Philippine bar in March
1960. He practiced law until he migrated to Canada and
acquired Canadian citizenship. On July 14, 2006, pursuant
to Republic Act (RA) 9225, Dacanay reacquired his
Philippine citizenship. Thereafter, he returned to the
Philippines and now intends to resume his law practice. Did
Dacanay lose his membership in the Philippine bar when he
gave up his Philippine citizenship in May 2004?
“All Philippine citizens who become citizens of
another country shall be deemed not to have lost their
Philippine citizenship under the conditions of [RA 9225].“
HELD: No need to take another BAR again. Just apply for permission to practice
legal profession by paying fees and attend mcle. It would be otherwise if He
reacquired his citizenship by naturalization, in that he cannot be said to have not
lost his philippine citizenship ?
Which of the following are not considered natural-born

citizens of the Philippines?
a. Those who elected Philippine citizenship upon reaching
the age of majority because their mother is Filipina but
their father is an alien
b. Naturalized Filipino citizens who lost Philippine
citizenship but reacquired it through repatriation
c. Natural-born citizens who got naturalized in a foreign
country and reacquire citizenship under RA 9225
d. The minor children of parents whose parents got
naturalized as Filipino citizen (debatable in view of ong
case)
EXERCISES:
Determine the citizenship of the child with the following
conditions:
1. The father and mother are Filipino citizens.
2. The father is a former American citizen and was naturalized as
Filipino and the mother is American citizen.
3. The father was born in the Philippines on December 25, 1970
whose father is a US navy and a Filipina mother; failed to
elect his citizenship.
4. The child was born in the Philippines whose parents are
Germans.
5. 5. The child was born inside the Philippine Airlines of
American parents.
6. The parents are both Chinese and were naturalized as Filipino
citizens and their child was born in the Philippines.
7. The child was born in Los Angeles of a Filipina mother and
American father.
8. Filipino couples migrated to US and acquire US citizenship
and had children there.
fin

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School of Law and Business

"Philippine citizenship is a gift that must be deserved to be

-Justice Isagani Cruz-

• This legal relationship involves rights and obligations on the part

• It is personal and more or less permanent in character

A person having the title of citizenship. He is a member of

DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY

1.Citizenship is membership in a democratic or political

2.Citizenship follows the exercise of civil and political rights

3.3. A person can be a citizen of one country and a national of

A citizen of a country who is residing in or passing through another

GENERAL WAYS OFACQUIRING CITIZENSHIP?

WHAT ARE THE DIFFERENT KINDS OFCITIZENS UNDER

2. Citizens at the time of the adoption of this Constitution

3. Those who elect Philippine citizenship upon reaching

4. Those who are naturalized in accordance with law.

WHO ARE THE CITIZENS OF THE PHILIPPINES?

Section 1 provides that the following are deemed citizens of the

☼ Tecson v. COMELEC (2004)– illegitimate

☼ Republic v. Lim (2004)- illegitimate child of

☼ All Filipinos - The Constitution does not

☼ 62. A child born in the United States to a Filipino mother

☼ B. a repatriated Filipino citizen.

☼ C. a dual citizen. ( second answer)

☼ D. a natural born Filipino citizen. (Correct Answer)

Note in Art. IV, Sec 1 (3):

☼ [Lim case: Must an illegitimate child of a Filipino woman

☼ If illegitimate, no need of election……

1990, No. 3: Y was elected Senator in the May 1987

Is Y a natural-born Filipino citizen?

1996, No. 8: X was born [a legitimate child] in the United States

a. Yes, because one whose father or mother is a Filipino is also a

☼ 1998, No. 4: Andres Ang was born of a Chinese

1. Who can elect? Requisites:

At what time must the mother be Filipino?

2. When do you elect?

Constitution: “upon reaching the age of majority”

Re Application for Admission: Election 14 years from reaching the

Ruling: Not Allowed anymore to elect. The reasonable time is only

3. How do you elect? Ma v. Commissioner (2010)

Public Offices exclusive for natural-born citizens:

(4) Those who are naturalized in accordance with law: (JAL)

Naturalization is the legal act of adopting a foreigner into the

A person may be naturalized either by complying with both the

1. Not a right but a mere privilege (doubts in the

WHAT ARE THE QUALIFICATIONS FOR NATURALIZATION?

The residence requirement of ten years is reduced to five years

1.The petitioner has honorably held office under the Government of

☼ 1. Filipino citizenship may be acquired through judicial

Ra No. 9139 – Administrative Naturalization Law of 2000

1. Born in the Philippines and residing therein since

2. Not less than 18 years of age at the time of filing at

92. The Special Committee on Naturalization is

A. the Secretary of Justice.

By direct act of Congress. Basis: “those who may be

Plenary power of Congress.

a.At the time of proclamation and at the start of his term

WHO ARE CONSIDERED AS NATURALBORN CITIZENS?

Section 2 provides that Natural-born citizens are:

1.those who are citizens of the Philippines from birth

2.Those who elect Philippine citizenship in accordance with

2006, No. 8(a): Atty. Emily Go, a legitimate daughter of a Chinese