Académique Documents
Professionnel Documents
Culture Documents
Malolos Constitution
Malolos Constitution
Article 6. The following are Filipinos:
1.
2.
3.
4.
xxxx
Malolos Constitution
Article 6. xxx
It is understood that domicile is acquired by
uninterrupted residence for two years in any locality
within Philippine territory, with an open abode and
known occupation, and contributing to all the taxes
imposed by the Nation.
The condition of being a Filipino is lost in accordance
with law.
Malolos Constitution
Duncan v. CFI
Duncan v. CFI
Duncan v. CFI
Duncan v. CFI
1935 Constitution
ARTICLE VII, Section 3
SEC. 3. No person may be elected to the oce of
President or Vice-President, unless he be a
natural-born citizen of the Philippines, a
qualied voter, forty years of age or over, and
has been a resident of the Philippines for at least
ten years immediately preceding the election.
Presumptions on Filiation
New Civil Code
Family Code
1997 Rules of Civil Procedure
ARTICLE 255. Children born ARTICLE 168. If the marriage is S E C T I O N 3 . D i s p u t a b l e
after one hundred and eighty t e r m i n a t e d a n d t h e m o t h e r presumptions. The following
days following the celebration contracted another marriage within presumptions are satisfactory if
of the marriage, and before three hundred days after such uncontradicted, but may be
three hundred days following termination of the former marriage, contradicted and overcome by
i t s d i s s o l u t i o n o r t h e these rules shall govern in the other evidence.
separation of the spouses shall absence of proof to the contrary:
be presumed to be legitimate.
xxx
(1) A child born before one hundred (dd) That if the marriage is
Against this presumption no eighty days after the solemnization terminated and the mother
evidence shall be admitted of the subsequent marriage is contracted another marriage
other than that of the physical considered to have been conceived within three hundred days after
impossibility of the husband's during the former marriage, such termination of the former
having access to his wife provided it be born within three marriage, these rules shall
within the first one hundred hundred days after the termination of govern in the absence of proof
and twenty days of the three the former marriage;
to the contrary:
hundred which preceded the
birth of the child.
Presumptions on Filiation
New Civil Code
Family Code
(cont.)
(2) A child born after one hundred (1) A child born before one
e i g h t y d a y s f o l l o w i n g t h e hundred eighty days after the
celebration of the subsequent solemnization of the subsequent
marriage is considered to have been marriage is considered to have
conceived during such marriage, been conceived during the
even though it be born within the former marriage, provided it be
three hundred days after the born within three hundred days
termination of the former marriage. after the termination of the
(259a)
former marriage;
(2) A child born after one
hundred eighty days following
the celebration of the
subsequent marriage is
considered to have been
conceived during such
marriage, even though it be
born within the three hundred
days after the termination of the
former marriage.
Presumptions on Filiation
New Civil Code
ARTICLE 256. The child shall
be presumed legitimate,
although the mother may have
declared against its legitimacy
or may have been sentenced as
an adulteress. (109)
ARTICLE 257. Should the
wife commit adultery at or
about the time of the
conception of the child, but
there was no physical
impossibility of access
between her and her husband
as set forth in article 255, the
child is prima facie presumed
to be illegitimate if it appears
highly improbable, for ethnic
reasons, that the child is that of
the husband. For the purposes
of this article, the wife's
adultery need not be proved in
a criminal case. (n)
Family Code
ARTICLE 167. The child shall be
considered legitimate although the
mother may have declared against its
legitimacy or may have been
sentenced as an adulteress. (256a)|||
Presumptions on Filiation
New Civil Code
ARTICLE 258. A child born
within one hundred eighty days
following the celebration of the
marriage is prima facie
presumed to be legitimate.
Such a child is conclusively
presumed to be legitimate in
any of these cases:
(1) If the husband, before the
marriage, knew of the
pregnancy of the wife;
(2) If he consented, being
present, to the putting of his
surname on the record of birth
of the child;
(3) If he expressly or tacitly
recognized the child as his
own. (110a)
Family Code
Presumptions on Filiation
New Civil Code
ARTICLE 261. There is no
presumption of legitimacy or
illegitimacy of a child born
after three hundred days
following the dissolution of
the marriage or the
separation of the spouses.
Whoever alleges the
legitimacy or the illegitimacy
of such child must prove his
allegation. (n)
Family Code
ARTICLE 169. The legitimacy or
illegitimacy of a child born after
three hundred days following the
termination of the marriage shall be
proved by whoever alleges such
legitimacy or illegitimacy. (261a)
LEGISLATIVE POSITIONS
Senator
Members of the House of Representatives
Nominees as Party-list Representatives
JUDICIAL POSITIONS
MILITARY PERSONNEL
All persons appointed officers of the regular force of the armed forces
of the Philippines
Officers of the womens auxiliary corps
Foundling Citizenship in
Other Countries
166 out of 189 countries surveyed (87.83%)
consider foundlings as citizens by operation of law
(either by jus soli or by specific provision)
Only 23* out of the 189 total countries surveyed
(11.64%) do not grant citizenship to foundlings.
*Excluding the Philippines
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Malta
Mexico
Moldova
Paraguay
Peru
Saint Kitts and
Nevis
Saint Lucia
Saint Vincent and
the Grenadines
Suriname
United States of
America
Uruguay
Venezuela
Jordan
Kazakhstan
Korea
Kuwait
Kyrgyz Republic
Lao PDR
Lebanon
Malaysia
Mongolia
Nepal
Oman
Pakistan
Yemen
Qatar
Russia
Saudi Arabia
Singapore
Sri Lanka
Taiwan
Tajikistan
Thailand
Timor-Leste (East
Timor)
Turkey
Turkmenistan
United Arab Emirates
Uzbekistan
Vietnam
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kosovo
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia
Montenegro
Netherlands
Norway
Poland
Portugal
Romania
Serbia
Slovakia
Slovenia
Spain
Sweden
Switzerland
Turkey
Ukraine
United Kingdom
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Ghana
Guinea
G. Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Morocco
Mozambique
Niger
Rwanda
Sao Tome & Principe
Somalia
South Africa
South Sudan
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zimbabwe
Australia
Fiji
Kiribati
Marshall Islands
New Zealand
Palau
Papua New Guinea
Samoa
San Marino
On the US Constitution:
xxx The instrument was not intended to provide merely for
the exigencies of a few years, but was to endure through a
long lapse of ages, the events of which were locked up in
the inscrutable purposes of Providence. xxx Hence its
powers are expressed in general terms, leaving to the
legislature from time to time to adopt its own means to
effectuate legitimate objects and to mould and model the
exercise of its powers as its own wisdom and the public
interests, should require.
Records of the Senate, Vol. 1, No 24; October 14, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 14, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 14, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 14, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 23, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 23, 2002 [p. 831]
Records of the Senate, Vol. 1, No 24; October 23, 2002 [p. 831]