ART.

IV - CITIZENSHIP

A.GENERAL PRINCIPLES

Definition – Membership in a political community which is

personal; and more or less permanent in character.

Distinguished 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.

Usual modes of acquiring citizenship

a. By birth
b. By naturalization
c. By marriage

Modes (by birth) applied in the Philippines

a. Before the adoption of the 1935 Constitution

1. Jus sanguinis – all inhabitants of the islands who were SPANISH
SUBJECTS on April 11, 1899, and residing in the islands who did
not declare their intention of preserving Spanish nationality between
said date and October 11, 1900, were DECLARED CITIZEN OF
THE PHILIPPINES
2. Jus soli – Those declared as Filipino citizens by the courts are
recognized as such today, not because of the application of the jus
soli doctrine, but principally because of the doctrine of res judicata.

b. After the adoption of the 1935 Constitution Only the jus

sanguinis doctrine.

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Who are natural-born citizens – Those who are citizens of the
Philippines from birth without having to perform any act to acquire
or perfect their citizenship. Those who elect Philippine citizenship
shall be deemed natural-born citizens. (Sec. 2, Art. IV)

Policy against Dual Allegiance – dual allegiance of citizens is

inimical to the national interest and shall be dealt with by law. (sec.
5, Art. IV)

Mercado v. Manzano – the Court clarified that the “dual

citizenship” disqualification in Sec. 40, LGC, and reconciled the
same with Sec. 5, Art. IV of the Constitution on “dual allegiance.”
Recognizing situation in which a Filipino citizen MAY, WITHOUT
PERFORMING ANY ACT and as AN INVOLUNTARY
CONSEQUENCE of the conflicting laws of different countries, be
also a citizen of another state, the Court explained that dual
citizenship as a disqualification must refer to citizens with dual
allegiance. Consequently, persons with mere dual citizenship do not
fall under the disqualification.

* The filing of a certificate of candidacy suffices to renounce foreign

citizenship, effectively removing any disqualification as dual citizen.
In the certificate of candidacy, one declares that he/she is a Filipino
citizen and he/she will support and defend the Constitution and will
maintain true faith and allegiance to the same. (This operates as an
effective renunciation of foreign citizenship.)

* Res judicata in cases involving citizenship – The doctrine of res

judicata does not ordinarily apply to questions of citizenship.

It does so only when: (a) 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; (b) with the active

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participation of the SolGen or his representative; and (c) The finding
of his citizenship is affirmed by the Supreme Court. Then, the
decision on the matter shall constitute conclusive proof of such
party’s citizenship in any other case or proceeding.

CITIZENS OF THE PHILIPPINES

1. Those who are citizens of the Philippines at the time of the

adoption of this 1987 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.

* Within 3 years from reaching the age of majority.

Doctrine of implied election – In Cuenco v. Secretary of justice,

where the SC ruled that there was justifiable reason for the delay
because the party thought all along that he was already a Filipino
citizen. Co v. HRET – The Court affirmed the finding of HRET that
the exercise of the right of suffrage and participation in election
exercises constitute a positive act of election of Philippine
citizenship.

* The right to elect Philippine citizenship is an inchoate right; during

his minority, the child is considered an alien.

* The constitutional and statutory requirements of electing Filipino

citizenship apply only to legitimate children.

4. Those who are naturalized in accordance with law.

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Naturalization – the act of formally adopting a foreigner into the
political body of a nation by clothing him or her with the privileges
of a citizen.

Modes of naturalization

a. Direct: Citizenship is acquired by:

1. Individual, through judicial or administrative proceedings;
2. Special act of legislature;
3. Collective change of nationality, as a result of cession or
subjugation;
4. In some cases, by adoption of orphan minors as nationals of the
State where they are born.

b. Derivative: Citizenship conferred on:

1. wife of naturalized husband;
2. Minor children of naturalized person;
3. Or on the alien women upon marriage to a national.

Doctrine of indelible allegiance – an individual may be compelled

to retain his original nationality even if he has already renounced or
forfeited it under the laws of the second State whose nationality he
has acquired.

Direct Naturalization under Philippine Laws

Three ways by which an alien may become a citizen of the

Philippines by naturalization:

1. Judicial naturalization under CA No. 473, as amended;

2. Administrative naturalization under RA 9139; and
3. Legislative naturalization in the form of a law enacted by
Congress bestowing Philippine citizenship to an alien.

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Naturalization under CA 473 (Judicial Naturalization)

Qualifications:
1. Not less than 21 y/o on the date of the hearing of the petition;
2. Resided in the Philippines for a continuous period of not less than
10 years; may be reduced to 5 years if:
a. He honorably held office in Government,
b. Established a new industry or
c. introduced a useful invention in the Philippines,
d. Married to a Filipino woman,
e. Been engaged as a teacher in the Philippines (Public or private not
established for the exclusive instruction of persons of a particular
nationality or race) or in any of the branches of education or
industry for a period of not less than 2 years,
f. Born in the Philippines
3. Good moral character, believes in the principles underlying the
Philippine Constitution;
4. Own real estate in the Philippines worth not less than P 5,000.00,
or must have some known lucrative trade, profession or lawful
occupation;
5. Speak and write English or Spanish and any of the principal
Philippine languages;
6. Enrolled his minor children of school age in any of the public or
private schools recognized by the Government where Philippine
history, government and civics are taught as part of the school
curriculum, during the entire period of residence in the Philippines
required of him prior to the hearing of his petition for naturalization.
Disqualifications: Those
1. Opposed to organized government or affiliated with any
association or group of persons who uphold and teach doctrines
opposing all organized governments;

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2. Defending or teaching the necessity or propriety of violence,
personal assault or assassination for the success or predominance of
their ideas;
3. Polygamists or believers in polygamy;
4. Convicted of a crime involving moral turpitude;
5. Suffering from mental alienation or incurable contagious disease;
6. 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 Philippines is at
war, during the period of such war;
8. Citizens or subject of a foreign country whose laws do not grant
Filipinos the right to become naturalized citizens or subject thereof.

Procedure:

1. Filing of DECLARATION OF INTENTION one year prior to the

filing of the petition with the Office of the SolGen.

Exemption from filing of declaration of intention:

a. Born in the Philippines and have received their primary and

secondary education in public or private schools recognized by the
Government and not limited to any race or nationality;
b. Resided in the Philippines for 30 years or more before the filing
of the petition, enrolled his children in elementary and high schools
recognized by the Government and not limited to any race or
nationality;
c. Widow and minor children of alien who has declared his intention
to become a citizen of the Philippines and ides before he is actually
naturalized;

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2. Filing of the petition accompanied by the affidavit of two credible
persons, citizens of the Philippines, who personally know the
petitioner, as character witnesses.

3. Publication of the petition.

Requisites for a valid publication:

a. Petition and notice of hearing must be published;

b. The publication must be made once a week for three consecutive
weeks;
c. The publication must be in the OG and in a newspaper of general
circulation in the province where the applicant resides.

In addition, copies of the petition and notice of hearing must be

posted in the office of the COC or in the building where the office is
located.

The same notice must also indicate, among others, the names of the
witnesses whom the petitioner proposes to introduce at the trial.

* Publication is a jurisdictional requirement. Non-compliance is

fatal for it impairs the very root or foundation of the authority to
decide the cases, regardless of whether the one to blame is the COC
or the petitioner or his counsel.

* In the same vein, the failure to state all the required details in the
notice of hearing, constitutes a fatal defect. (Naturalization law
should be rigidly enforced and strictly construed in favor of the
government and against the applicant.)

d. Actual residence in the Philippines during the entire proceedings.

e. Hearing of the petition.

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f. Promulgation of the decision.
g. Hearing after two years. (two-year probation period)
h. Oath taking and issuance of the Certificate of Naturalization.

Effect of naturalization:

1. Vests citizenship on wife if she herself may be lawfully

naturalized. (provided not disqualified) File with the BID a petition
for the cancellation of her Alien Certificate of Registration ACR)

2. Minor children born in the Philippines before the naturalization

shall be considered citizens of the Philippines.

3. Minor child born outside the Philippines who was residing in the
Philippines at the time of naturalization shall be considered a
Filipino citizen.

4. Minor child born outside the Philippines before parent’s

naturalization shall be considered Filipino citizens only during
minority, unless he begins to reside permanently in the Philippines.

5. Child born outside the Philippines after parent’s naturalization

shall be considered a Filipino, provided that he registers as such
before any Philippine consulate within one year after attaining
majority age, and takes his oath of allegiance.

Denaturalization

Grounds:

1. Naturalization certificate is obtained fraudulently or illegally.

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2. If within five years, he returns to his native country or to some
foreign country and establishes residence there; provided, that 1 year
stay in native country, or 2 year stay in a foreign country shall be
prima facie evidence of intent to take up residence in the same.

3. Petition was made on an invalid declaration of intention.

4. Minor children failed to graduate through the fault of the parents

either by neglecting to support them or by transferring them to
another school.

5. Allowed himself to be used as a dummy.

Effects of denaturalization:

1. If the ground affects the intrinsic validity of the proceedings, the

denaturalization shall divest the wife and children of their derivative
naturalization.

2. If the ground was personal to the denaturalized Filipino, his wife

and children shall retain their Philippines citizenship.

Naturalization by direct legislative action (Legislative

naturalization)
This is discretionary on Congress; usually conferred on an alien who
has made outstanding contributions to the country.

Administrative Naturalization under RA 9139 “Administrative

Naturalization Law of 2000”

RA 9139 would grant Philippine citizenship by Administrative

proceedings to aliens born and residing in the Philippines.

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* CA 473 and RA 9139 are separate and distinct laws.

CA 473 RA 9139
Covers aliens regardless of class Covers native-born aliens who
lived in the Philippines all their
lives, who never saw any other
country and all along thought
that they were Filipinos.
Nothing in the law from which it The intention of the legislature in
can be inferred that CA 473 is enacting RA 9139 was to make
intended to be annexed to or the process of acquiring
repealed by RA9139. Philippine citizenship less
tedious, less technical, and more
encouraging.
Native-born alien has the choice to apply for judicial or
administrative naturalization, subject to the prescribed qualifications
and disqualifications.

Special Committee on Naturalization – has the power to approve,

deny or reject applications for naturalization under this Act.

Composition:
1. SolGen as Chairman
2. Secretary of Foreign Affairs or his representative, member
3. National Security Adviser, member

Qualifications: Applicant must

1. Be born in the Philippines and residing therein since birth;

2. Not be less than 18 years of age, at the time of filing of his/her
petition;
3. Be of good moral character ad believes in the underlying
principles of the Constitution.

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4. Have received his/her primary and secondary education in any
public school or private educational institution duly recognized by
the Dept. of Education, where Philippine history, government and
civics are taught and prescribed as part of the school curriculum.
5. Have a known trade, business, profession or lawful occupation,
from which he/she derives income sufficient for his/her support and
that of his/her family. (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.
6. Be able to read, write and speak Filipino or any of the dialects of
the Philippines.
7. Have mingled with the Filipinos and evinced a sincere desire to
learn and embrace the customs and traditions and ideals of the
Filipino people.

Disqualifications: Same as those provided in CA 473

Procedure:

1. Filing of a petition with the Special Committee on Naturalization;

(same contents as that of the petition under RA 9139)
2. Publication of pertinent portions of the petition once a week for
three consecutive weeks in a newspaper of general circulation,
copies thereof posted in any public or conspicuous area; copies also
furnished the DFA, BID, Civil Registrar of petitioner’s place of
residence, NBI which shall post copies of the petition in any public
or conspicuous areas in their buildings, offices, premises, and within
30 days submit a report to the Committee stating whether or not
petitioner has any derogatory on file;

3. Committee shall, within 60 days from receipt of the report of the

agencies, consider and review all information received pertinent to
the petition;

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4. Committee shall then approve or deny the petition;

5. Within 30 days from approval of the petition, applicant shall pay

to the Committee a fee of 100,000, then take the oath of allegiance
and a certificate of naturalization shall issue.

6. Within 5 days after the applicant has taken his oath of allegiance,
the BID shall forward a copy of the oath to the proper local registrar,
and thereafter, cancel petitioner’s alien certificate of registration.

Status of alien 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
required fees.

* But if the applicant is a MARRIED WOMAN, the approval of her

petition shall not benefit her alien husband, although the minor
children may still avail of the right to seek the cancellation of their
alien certification of registration.

Cancellation of the Certificate of Naturalization

The Special Committee on Naturalization may cancel certificates of

naturalization issued under this act in the following cases:

1. If 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, or if he obtains Philippine citizenship fraudulently or
illegally;

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2. If within 5 years, he shall establish permanent residence in a
foreign country, provided that remaining for more than one year in
his country of origin or two years in any foreign country shall be
prima facie evidence of intent to permanently reside therein;

3. If allowed himself or his wife or child with acquired citizenship to

be used as a dummy;

4. If he, his wife or child with acquired citizenship commits any act
inimical to national security.

D. LOSS AND REACQUISITION OF PHILIPPINE

CITIZENSHIP (CA 63)

Loss of Citizenship

1. By naturalization in a foreign country. (Modified by RA 9225,

which declares the policy of the State that all Philippine citizens
who become citizens of another country shall be deemed not to have
lost their Philippine citizenship.)

2. By express renunciation of citizenship.

Express renunciation – renunciation that is made known distinctly

and explicitly and not left to inference or implication.

Ex: Application for citizenship of another foreign country.

3. By subscribing to an oath of allegiance to support the Constitution

or laws of a foreign country, upon attaining 21 years of age. (A
Filipino may not divest himself of Philippine citizenship in any
manner while the RP is at war with any country. – Principle of
indelible allegiance)

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4. By rendering service to or accepting commission in the armed
forces of a foreign country.
XPN: If either of the following circumstances is present:
a. The RP has a defensive and/or offensive pact of alliance with the
said foreign country;
b. The said foreign country maintains armed forces in Philippine
territory with the consent of the RP.

5. By cancellation of the certificate 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.

Reacquisition of citizenship

1. By taking an oath of allegiance required of former natural-born

Philippine citizens who may have lost their Philippine citizenship by
reason of their acquisition of the citizenship of a foreign country.
(RA 9225)

2. By naturalization provided that the applicant possesses none of

the disqualifications prescribed for naturalization.

3. By repatriation of deserters of the Army, Navy or Air Corps,

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.

PD 725 – Repatriation of former natural-born Filipino citizens who

lost Filipino citizenship.

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When repatriation takes effect – retroacts to the date of the filing
of petition.

Effect of repatriation – allows the person to recover, to return to,

his original status before he lost Philippine citizenship.

4. By direct act of Congress.

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