Anda di halaman 1dari 4

Who are the Citizens of the Philippines?

A Filipino citizen may be considered natural-born or naturalized citizen. Both s


tatuses bestowupon the individual certain privileges and exclusive rights such a
s the rights to vote, to run forpublic, etc. which may be denied the foreigner.N
ATURAL-BORN FILIPINO Art. IV, sec. 2 of the 1987 Constitution defines the NATURA
L-BORN Filipino citizens as:1. Those who are citizens of the Philippines at the t
ime of the adoption of this (1987) Constitution 2. those whose fathers OR mothers a
re citizens of the Philippines and3. those born before January 7, 1973, of Filipin
o mothers, who elect Philippine citizenship uponreaching the age of majority. Ev
en if the child is born to an alien father and a Filipino mother, the Filipino c
itizenship of themother will bestow natural-born Philippine citizenship upon the
child PROVIDED his birth occurred onor after January 17, 1973 (date of ratifica
tion of the 1973 Constitution), otherwise he followed thecitizenship of the alie
n father and acquired at best only an inchoate Philippine citizenship which heco
uld perfect by election upon attaining majority age. EXCEPT if he is born out of
lawful wedlock, inwhich case, he will be considered a Filipino by virtue of his
mother s citizenship. In addition, only natural-born citizens are allowed to hold
constitutional offices such as the officeof the President; Senators; Members of
the House of Representatives; Members of the SupremeCourt; and the Chairman and
Commissioners of the Constitutional Commissions (Civil ServiceCommission, COMEL
EC and the Commission on Audit).NATURALIZED FILIPINO Naturalization takes place
either voluntarily by complying both the substantive and proceduralrequirements
of the general naturalization law or by operation of law. This process may be di
rect orderivative.Under the Commonwealth Act 473, a foreigner who is not married
to a Filipino but seeks toacquire Philippine citizenship is required to have li
ved in the Philippines for a continuous period of NOT LESS than ten (10) years.
The said period shall be reduced to five (5) years if he is beingmarried to a Fi
lipino. Other prescribed qualifications pertain to the age, moral, occupational,
language and educational qualifications of the petitioner.However, naturalizatio
n shall be subject to the Rule of Reciprocity, hence, the alien petitionermust p
rove by evidence that the laws of his country grant Filipinos the right to be na
turalized.

renounce her Philippine citizenship, petitioner s claim that respondent must go th


rough the process of repatriation does not hold water.
Application of Res Judicata in citizenship issues[c. naturalized citizens]Petiti
oner is correct insofar as the
general rule is concerned,
i.e.,
the principle of
res judicata
generallydoes not apply in cases hinging on the issue of citizenship
. However, in the case of
Burca v. Republic (51SCRA 248 [1973]),
an exception to this general rule was recognized. The Court ruled in that case t
hat
in orderthat the doctrine of
res judicata
may be applied in cases of citizenship, the following must bepresent:
1) a person s citizenship be raised as a material issue in a controversy where sai
d person is a party;2) the Solicitor General or his authorized representative to
ok active part in the resolution thereof, and3) the finding on citizenship is af
firmed by this Court.

Re: Application for Admission to the Philippine Bar,Vicente D. Ching


, Bar Matter No. 914, Oct. 1, 1999,En Banc [Kapunan]
[Failure to elect Philippine citizenship upon reaching the age of majority] ---
[lossand reacquisition of citizenship]Under Article IV, Section 1(3) of the 1935
Constitution, the citizenship of a legitimate child born of a Filipinomother an
d an alien father followed the citizenship of the father, unless, upon reaching
the age of majority, thechild elected Philippine citizenship. xxx The phrase reas
onable time has been interpreted to mean that the election should be made within
three (3)years from reaching the age of majority. xxxPhilippine 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 suchcitizenship. As such, he should avail of the right with fervour, enthusi
asm and promptitude.
Bengzon, III v. HRET
, G.R. No. 142840, May 7, 2001, En Banc[Kapunan]
[Natural-born Philippinecitizenship; Effect of Repatriation; Naturalization and
Repatriation] ---
[loss and reacquisition of citizenship] There are
two ways of acquiring citizenship:
(1) by birth, and (2) by naturalization. These ways of acquiringcitizenship corr
espond to the two kinds of citizens: the natural-born citizen, and the naturaliz
ed citizen. A personwho at the time of his birth is a citizen of a particular co
untry, is a natural-born citizen thereof.
As defined in the x x x Constitution,
natural-born citizens
are those citizens of the Philippines from birth
without having to perform any act to acquire or perfect his Philippine citizensh
ip. On the other hand,
naturalized citizens
are those who have become Filipino citizens through naturalization,generally und
er Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law,
which repealedthe former Naturalization Law (Act No. 2927), and by Republic Act
No. 530 xxx
To be naturalized
, an applicant has to prove that he possesses all the qualifications and none of
thedisqualifications provided by law to become a Filipino citizen. The decision
granting Philippine citizenshipbecomes executory only after two (2) years from
its promulgation when the court is satisfied that during theintervening period,
the applicant has (1) not left the Philippines; (2) has dedicated himself to a l
awful calling orprofession; (3) has not been convicted of any offense or violati
on of government promulgated rules; or (4)committed any act prejudicial to the i
nterest of the nation or contrary to any government announcedpolicies
(Section 1, R.A. 530).
Filipino citizens who have lost their citizenship may x x x reacquire the same i
n the manner provided bylaw.
Commonwealth Act No. 63 enumerates the
three modes by which Philippine citizenship may bereacquired by a former citizen
:
(1) by naturalization, (2) by repatriation, and (3) by direct act of Congress
.
xxx
Naturalization
is a
mode for both acquisition and reacquisition of Philippine citizenship
. As a mode of initially acquiring Philippine citizenship, naturalization is gov
erned by Commonwealth Act No. 473, as amended.On the other hand, naturalization
as a mode for reacquiring Philippine citizenship is governed by CommonwealthAct
No. 63
(An Act Providing for the Ways in Which Philippine Citizenship May Be Lost or Re
acquired [1936]).
Under this law, a former Filipino citizen who wishes to reacquire Philippine ci
tizenship must possess certainqualifications and none of the disqualifications m
entioned in Section 4 of C.A. 473.
Repatriation
, on the other hand, may be had under various statutes by those who lost their c
itizenship dueto: (1) desertion of the armed forces
(Section 4, C.A. No. 63);
(2) service in the armed forces of the allied forces inWorld War II
(Section 1, Republic Act No. 965 [1953]);
(3) service in the Armed Forces of the United States at anyother time
(Sec. 1, Republic Act No. 2630 [1960]);
(4) marriage of a Filipino woman to an alien
(Sec. 1, Republic Act No. 8171 [1995]);
and (5) political and economic necessity
(Ibid).
As distinguished from the lengthy process of naturalization, repatriation simply
consists of the taking of anoath of allegiance to the Republic of the Philippin
es and registering said oath in the Local Civil Registry of theplace where the p
erson concerned resides or last resided xxxMoreover,
repatriation results in the
recovery of the original nationality
.
This means that a naturalizedFilipino who lost his citizenship will be restored
to his prior status as a naturalized Filipino citizen. On the other
hand, if he was originally a natural-born citizen before he lost his Philippine
citizenship, he will be restored to hisformer status as a natural-born Filipino.

Angat v. Republic
, G.R. No. 132244, Sept. 14, 1999 [Vitug]
[Repatriation under R.A. 8171]
R.A. No. 8171, which has lapsed into law on October 23, 1995, is an act providin
g for the repatriation (a) of Filipino women who have lost their Philippine citi
zenship by marriage to aliens and (b) of natural-born Filipinoswho have lost the
ir Philippine citizenship on account of political or economic necessity.An appli
cation for repatriation could be filed with the
Special Committee on Naturalization
chaired by the SolicitorGeneral with the Undersecretary of Foreign Affairs and t
he Director of the National Intelligence CoordinatingAgency as the other members
.
Mercado v. Manzano
, 307 SCRA 630, May 26, 1999, En Banc [Mendoza]
[Dual citizenship and dual allegiance]
Dual citizenship
arises when, as a result of the concurrent application of the different laws of
two or morestates, a person is simultaneously considered a national by the said
states. For instance, such a situation mayarise when a person whose parents are
citizens of a state which adheres to the principle of
jus sanguinis
is born ina state which follows the doctrine of
jus soli.
Such a person,
ipso facto
and without any voluntary act on his part,is concurrently considered a citizen o
f both states.
Dual allegiance
, on the other hand, refers to a situation in which a person simultaneously owes
, by somepositive act, loyalty to two or more states. While dual citizenship is
involuntary, dual allegiance is the result of anindividual s volition xxxHence, the
phrase dual citizenship in R.A. No. 7160, Section 40(d) (Local Government Code) mu
st beunderstood as referring to dual allegiance. Consequently, persons with mere d
ual citizenship do not fall underthis disqualification. Unlike those with dual a
llegiance, who must, x x x, be subject to strict process with respectto the term
ination of their status, for candidates with dual citizenship, it should suffice
if, upon the filing of theircertificate of candidacy, they elect Philippine cit
izenship to terminate their status as persons with dual citizenshipconsidering t
hat their condition is the unavoidable consequence of conflicting laws of differ
ent states.
Instances when a Philippine citizen may possess dual citizenship:
1- Those born of parents whose country adopts the
jus sanguinis
principle in fereign countries which followsthe
jus soli
principle.2- Those born in the Philippines of Filipino mothers and an alien fath
er, if by the laws of their father s countrysuch children are citizens of that cou
ntry.3- Those who marry aliens if by the laws of the latter s country, the former
are considered citizens,
unless,
bytheir act or omission they are deemed to have renounced Philippine citizenship
.