VIII.

CitizenshipGAYAS

* Define Citizenship.
-Citizenship refers to membership in a political which is personal and more or less
permanent in character. It denotes possession within that particular political community of
full civil and political rights subject to special disqualifications such as minority. Reciprocally,
it imposes the duty of allegiance to the political community (Bernas, 1987 Constitution: A
Commentary, 2009 ed.)
* Who are Filipino citizens?
- As provided in Article IV of the 1987 Constitution, the following are citizens of the
Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of the
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
* Who are natural-born citizens?
- Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 of Article IV shall be
deemed natural-born citizens. (Article IV, Section 2)
* What are the modes of acquiring citizenship?
- By birth
jus sanguinis- refers to acquisition of citizenship on the basis of blood relationship
jus soli- refers to acquisition of citizenship on the basis of place of birth
- By naturalization
- It is a legal act of adopting an alien and clothing him with the privilege of a native
born citizen (Bernas, 1987 Constitution: A Commentary, 2009 ed.).
* Define Naturalization.
- It is the process by which a foreigner acquires, voluntarily or by operation of law, the
citizenship of another State (Cruz, Constitutional Law, 2007 ed.)
* What are the kinds of naturalization?
- Direct naturalization:
1. by individual judicial proceedings under general naturalization laws
2. by special act of the legislature
3. by collective change of nationality (naturalization en masse)
4. by adoption of orphan minors as nationals of the State where they are born
(Cruz, Constitutional Law, 2007 ed.)

- Derivative naturalization conferred on:

1. wife of the naturalized husband
2. minor children of naturalized parent
3. alien woman upon marriage to a national
(Cruz, International Law, 2nd ed.)
* What are the qualifications for Naturalization?
- Under Sections 2 and 3 of CA 473, the following are the qualifications for naturalization:
1. Not less than 18 years of age 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. honorably held office in the Philippines;
b. established a new industry or introduced a useful invention;
c. married to a Filipino women;
d. engaged as teacher in Philippine public or private school not established for
exclusive instruction to a particular nationality or race, or in any branches of education or
industry for a period not less than 2 years; and
e. born in the Philippines;
3. Must be of good moral character, believes in the Constitution, and conducted
himself in an irreproachable conduct during his stay in the Philippines;
4. Must own real estate in the Philippines worth not less than P 5,000, or have some
lucrative trade, profession, or lawful occupation;
5. Able to speak an write Filipino or English and any principal Philippine dialect;
6. Must have enrolled his minor children of school age in any of the public schools or
private schools recognized by the government where Philippine history, government, and
civics are taught as part of the curriculum, during the entire period of residence prior to
hearing of petition.
-These qualifications must be possessed at the time of application for naturalization and not
subsequently.
* Who are disqualified from Naturalization?
- The following are disqualified from naturalization:
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 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 subjects of a foreign country whose laws do not grant Filipinos the right
to become naturalized citizens or subject thereof.

* What is the procedure for Naturalization?

1. Declaration of intention- filed with the Office of the Solicitor General one year before filing
the application for naturalization (Sec. 5, CA 473)
Purpose: To enable the government to make initial investigations into his circumstances, to
determine his fitness for citizenship, and to test his sincerity. (Cruz, Constitutional Law,
2007 ed.)
Exceptions:
a. those born in the Philippines and received primary and secondary education in a
Philippine school;
b. Those who have resided in the Philippines for thirty years; or
c. the widow or children of the applicant who died before his application was granted (Sec.
6, CA 473)
2. Such declaration shall set forth:
a. Name
b. Age
c. Occupation
d. Personal description
e. Place of birth
f. Last foreign residence and allegiance
g. date of arrival
h. name of aircraft or vessel, if any
i. place of residence in the Philippines at the time of making the declaration
(Sec. 5, CA 473)
3. Upon the receipt of the petition, the clerk of court has the duty of publishing it in the
Official Gazette and in one newspaper of general circulation in the province or city once a
week for three consecutive weeks and to post notices thereof and of the hearing.
4. Non-observance will make the proceedings null and void.
5. At least 6 months after the last publication, but in no case within 30 days before any
election, the hearing shall begin, at which the petitioner shall establish all the allegations of
his petition, to be corroborated by at least 2 credible witnesses.
6. If the petitioner is able to prove his qualifications and no disqualifications, petition shall
be granted and it will become final after 30 days from notice. But the order shall only
become executor after the period of 2 years during which the petitioner shall be under
probation
7. After probation, applicant may apply for administration of oath of citizenship in
accordance with the decision rendered. His motion shall be granted provided:
a. Petitioner has not left the country;
b. Devoted himself to a lawful calling;
c. Has not been convicted of any violation of law; and
d. Has not committed any act in contravention of any government announced policies
8. Administration of oath of citizenship, by virtue of which the petitioner shall embrace
Philippine citizenship and renounce allegiance to any foreign State

* What are the effects of Naturalization?

- On the wife- vests citizenship on the wife who might herself be lawfully naturalized; she
need not prove her qualifications but only that she is not disqualified (Mo Ya Lim Yao v.
Comm. of Immigration, G.R. No. L-21289)
- On the minor children
a. If born in the Philippines- automatically becomes a citizen;
b. If born abroad before the naturalization of the father
i. residing in the Philippines at the time of naturalization- automatically
becomes
citizen
ii. not residing- considered citizen only during minority, unless begins to
reside permanently in the Philippines
* What are the grounds for Denaturalization?
- The following are grounds for revocation of naturalization:
1. Certificate of naturalization was obtained fraudulently;
2. Establishment of permanent residence abroad within five years after
naturalization;
3. Petition was based on an invalid declaration of intention;
4. Minor children failed to comply with the educational requirement through his fault
or neglect;
5. Allowed himself to be used as a dummy in violation of our naturalization laws.
* What are the effects of denaturalization?
- If ground affects the intrinsic validity of the proceedings- divest the wife and children of
their derivative naturalization
- If ground is personal to the denaturalized Filipino- wife and children shall retain citizenship
* Distinguish Dual Citizenship and Dual Allegiance
Dual Citizenship

Dual Allegiance
Definition
Arises when, as a result of concurrent
Refers to the situation where a person
application of the different laws of two or
simultaneously owes, by some positive act,
more states, a person is simultaneously
loyalty to two or more states
considered a citizen of said states
How acquired
Involuntary
Result of an individuals volition and is
prohibited by the Constitution as it is inimical
to the national interest

* How is Philippine citizenship lost?

- According to CA no. 63, Philippine citizenship is lost:
1. by naturalization in foreign countries;
2. by express renunciation of citizenship;
3. by subscribing to an oath of allegiance to support the Constitution or laws of a
foreign country upon attaining 21 years of age or more;
4. by rendering service to ,or accepting commission in the armed forces of a foreign
country;
Exception: When rendering service is done with the consent of the Republic of the
Philippines, if either of the following circumstances is present:
a. Philippines has a defensive and/or offensive pact of alliance with the said foreign
country; or
b. the said foreign country maintains armed forces on Philippine territory with the
consent of the Philippines
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; or
7. in case of a woman, upon her marriage to a foreigner, I f by virtue of the laws in
force of her husbands country, she acquires his nationality
*How is Philippine citizenship re-acquired?
- By naturalization
- By repatriation
1. RA 8171 provides for the repatriation of the following:
a. Filipino women who have lost their Philippine citizenship by marriage to aliens;
b. Natural-born Filipinos who have lost their Philippine citizenship on account of
political or economic necessity
Repatriation shall be effected by taking the necessary oath of allegiance to the
Republic of the Philippines and registration in the proper civil registry and in the Bureau of
Immigration. The Bureau of Immigration shall thereupon cancel the pertinent alien
certificate of registration and issue the certificate of identification as Filipino citizen to the
repatriated citizen.
2. RA 9225, also known as the Citizenship Retention and Re-Acquisition Act of
2003, approved on August 29, 2003 provides that, upon taking the oath of allegiance to the
Republic:
a. Natural-born citizens of the Philippines who have lost their Philippine citizenship by
reason of their naturalization as citizens of a foreign country are deemed to have reacquired Philippine citizenship; and
b. Natural-born citizens of the Philippines who, after the effectivity of the said law,
become citizens of a foreign country shall retain their Philippine citizenship
- By direct act of Congress
* What public offices have a natural-born citizen requirement?

- Elective office
a. President (Sec. 2, Art. VIII, 1987 Constitution)
b. Vice-president (Sec. 3, Art. VII, 1987 Constitution)
c. Senators (Sec. 3, Art. VI, 1987 Constitution)
d. Members of the House of Representatives (Sec. 6, Art. VI, 1987 Constitution)
- Appointive office
a. Members of the Supreme Court or any lower collegiate court (Sec. 7, Art. VIII,
1987 Constitution)
b. Chairman and Commissioners of the Constitutional Commissions (Secs. 1-B to 1D, Art. IX, 1987 Constitution)
c. Ombudsman and Deputy Ombudsman (Sec. 8, Art. XI, 1987 Constitution)
d. Members of the governing board of the Monetary Board (Sec. 20, Art. XII, 1987
Constitution)
e. Chairman and Members of the Commission o Human Rights (Sec. 18, Art. XIII,
1987 Constitution)
* Is a collateral attack on citizenship allowed?
- No. Under Philippine law, an attack on a persons citizenship may only be done through a
direct action for its nullity
* Does Res judicata apply to Citizenship cases?
- As a rule, res judicata does not set in citizenship cases
- Exception:
1. Persons citizenship is resolved by a court or an administrative body as a material
issue in the controversy, after a full-blown hearing;
2. With the active participation of the Solicitor General or his representative; and
3. Finding of his citizenship is affirmed by the Supreme Court