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CITIZENSHIP

What is citizenship?
One’s personal and permanent membership in a political community

Distinguish from nationality


Nationality is membership in any class or form of political community.
Nationality does not necessarily include the right or privilege of exercising civil or political rights.

Different modes of acquiring citizenship


Birth
Naturalization

Spanish subjects as of April 11, 1899 were given the option to become Filipino citizens
- Exchange of instrument of ratification (Treaty of Paris)

April 11, 1899-October 11, 1900


Issue: Citizenship of children born within this period

Jus Soli
Modified jus soli under 1935 Consti

Caram Provision
Delegate to the Con-Con. He was accommodated to avoid the situation wherein one of the framers of the
Consti is an alien

Who are citizens of the PH under the 1987 Consti?


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 the accordance with law.

Natural-born vs. Naturalized


A natural-born citizen is defined in Article IV, Section 2 as one who is a citizen of the Philippines "from
birth without having to perform any act to acquire or perfect Philippine citizenship." By necessary
implication, a naturalized citizen is one who is not natural-born.

“Those born before January 17, 1973…”


During minority, what is his citizenship?
He is not a Filipino citizen. We cannot say that he is a Chinese (Chinese father) because our Consti is
limited to determining whether or not one is a Filipino citizen

Republic v. Lim
Illegitimate child follows the citizenship of the mother
No need to elect Filipino citizenship

1935 Consti: born to a Filipino father = Filipino

When should a child elect Filipino citizenship?


In re: Ching: Within 3 years after reaching age of majority
Only those born before January 17, 1973 are required to elect

Alien father: must elect Filipino citizenship


1973, 1987 – illegitimate child of Filipina mother of Filipino father = Filipino (jus sanguinis)

CA 625
Requirements for election
1) Election is expressed in a statement to be signed and sworn to by the party concerned before any official
authorized to administer oaths.
2) Statement to be filed with the nearest Civil Registry.
3) The statement is to be accompanied with the Oath of Allegiance to the Constitution and the Government
of the Philippines.
4) Within a reasonable time

CA 63
How citizenship may be lost
(1) Naturalization in a foreign country;
(2) Express renunciation of citizenship; and
(3) Subscribing to an oath of allegiance to support the Constitution or laws of a foreign country.

Repatriation
The Filipino citizen, once he takes the oath of allegiance is deemed not to have lost his Filipino citizenship

Yu vs. Defensor-Santiago
Exception to the general rule that there must be express renunciation
Totality of circumstances

Maquiling vs. COMELEC


Use of foreign passport does not divest him of Filipino citizenship but his affidavit of renunciation is
deemed withdrawn

3 modes of reacquiring Filipino citizenship


(1) Direct act of Congress;
(2) By naturalization; or
(3) By repatriation.

Frivaldo vs. COMELEC


“Jealous and possessive mother”

Res judicata not applicable (generally) in citizenship cases except when 3 conditions are present
(CID v. Dela Rosa)
(1) A person’s citizenship is resolved by a court or an administrative body as a material issue in the
controversy, after a full-blown hearing;
(3) With the active participation of the Solicitor General or his representative; and
(3) The finding of his citizenship is affirmed by the Supreme Court.

CA 473
Qualifications for naturalization
1) Not less than 21 years of age on the day of the hearing of the petition;
2) He must have resided in the Philippines for a continuous period of not less than 10 years;
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 in his relation with the constituted government as well as with the community
in which he is living.
4) He must own real estate in the Philippines worth not less than P5,000 or must have some known lucrative
trade, profession, or lawful occupation;
5) He must be able to speak and write English or Spanish and any one of the principal Philippine languages;
and
6) 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.

DQ
1) Persons opposed to organized government or affiliated with any association or group of persons who
uphold and teach doctrines opposing all organized governments;
2) Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination
for the success and predominance of their ideas;
3) Polygamists or believers in the practice of polygamy;
4) Persons convicted of crimes involving moral turpitude;
5) Persons suffering from mental alienation or incurable contagious diseases;
6) 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;
7) Citizens or subjects of nations with whom the United States and the Philippines are at war, during the
period of such war;
8) Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos
the right to become naturalized citizens or subjects thereof.

Must possess all the qualifications and none of the disqualifications

Declaration of intention one year prior to the filing of the petition with the OSG

Who are exempt from filing declaration of intention


Persons born in the Philippines and have received their primary and secondary education in public schools
or those recognized by the Government and not limited to any race or nationality, and those who have
resided continuously in the Philippines for a period of thirty years or more before filing their application

Moy Ya Lim Yao – alien wife


Sufficient if she possesses none of the disqualifications

What is dual allegiance?


Dual allegiance refers to the situation in which a person simultaneously owes, by some positive act, loyalty
to two or more states.

Can dual citizens run for public office?


For candidates with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy,
they elect Philippine citizenship to terminate their status as persons with dual citizenship

Instances where it is possible to possess dual citizenship (Mercado vs. Manzano)


(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their fathers’ country
such children are citizens of that country; and
(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.

Dual citizens by birth: Mere filing of COC constitutes renunciation


By naturalization: Affidavit of renunciation (RA 9225)

Aznar: Use of US passport not sufficient proof that a person lost his Filipino citizenship; only proves that
he is American

Dual citizen by birth:


Burden of proof lies on the person who contends the loss of Filipino citizenship

Dual citizen by naturalization:


Burden of proof to prove reacquisition of Filipino citizenship lies on the dual citizen