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In procedural law, specifically for purposes of venue it has been held that the

residence of a person is his personal, actual or physical habitation or his actual


residence or place of abode, which may not necessarily be his legal residence or
domicile provided he resides therein with continuity and consistency. Applying this,
petitioners clearly were residents of Manila for they have a residential house in Las
Pias where they stay thereat due to their profession and occupation.
for purposes of venue, the less technical definition of residence is adopted. Thus,
it is understood to mean as the personal, actual or physical habitation of a person,
actual residence or place of abode. It signifies physical presence in a place and
actual stay thereat. In this popular sense, the term means merely residence, that
is, personal residence, not legal residence or domicile. Residence simply requires
bodily presence as an inhabitant in a given place, while domicile requires bodily
presence in that place and also an intention to make it ones domicile.

This Court held in the case of Uytengsu vs. Republic, 50 O.G.


4781, October 1954, reversing its previous stand in Larena v. Ferrer,
61 Phil. 36 and Nuval v. Guray 52 Phil 645, that
There is a difference between domicile and
residence. Residence is used to indicate a place of abode,
whether permanent or temporary; domicile denotes a fixed
permanent residence to which when absent, one has the
intention of returning. A man may have a residence in one
place and a domicile in another. Residence is not domicile,
but domicile is residence coupled with the intention to
remain for an unlimited time. A man can have but one
domicile for one and the same purpose at any time, but he
may have numerous places of residence. His place of
residence generally is his place of domicile, but is not by
any means, necessarily so since no length of residence
without any intention of remaining will constitute domicile

Citizenship
The following are citizens of the Philippines:[1]

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 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and

4. Those who are naturalized in accordance with law.

There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization. These ways of
acquiring citizenship correspond to the two kinds of citizens: the natural-born citizen, and the naturalized
citizen. A person who at the time of his birth is a citizen of a particular country, is a natural-born citizen
thereof.[2]

Contents
[hide]

1 Natural-born citizens
2 Naturalized citizens
2.1 Mode of initially acquiring citizenship

2.1.1 Qualifications for naturalization

2.1.2 Disqualifications for naturalization

2.1.3 Procedure
3 Mode of reacquiring citizenship

3.1 Naturalization as mode of reacquiring citizenship

3.2 Repatriation as mode of reacquiring citizenship


4 References

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. [3] Those born before 17 January 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the age of majority shall be deemed natural-born
citizens.[4]
The term "natural-born citizen" was first defined[5] in Article III, Section 4 of the 1973 Constitution as "one
who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his
Philippine citizenship." Two requisites must concur for a person to be considered as such: (1) a person
must be a Filipino citizen birth; and (2) he does not have to perform any act to obtain or perfect his
Philippine citizenship.

Under the 1973 Constitution definition, there were two categories of Filipino citizens which were not
considered natural-born: (1) those who were naturalized and (2) those born before 17 January 1973, of
Filipino mothers who, upon reaching the age of majority, elected Philippine citizenship. Those "naturalized
citizens" were not considered natural-born obviously because they were not Filipino at birth and had to
perform an act to acquire Philippine citizenship. Those born of Filipino mothers before the effectively of
the 1973 Constitution were likewise not considered natural-born because they also had to perform an act
to perfect their Philippines citizenship.[6]
The present Constitution, however, now consider those born of Filipino mothers before the effectivity of
the 1973 Constitution and who elected Philippine citizenship upon reaching the majority age as naturalborn. After defining who re natural-born citizens, Section 2 of Article IV adds a sentence: "Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed naturalborn citizens." Consequently, only naturalized Filipinos are considered not natural-born citizens. [7]
It is apparent from the enumeration of who are citizens under the present Constitution that there are only
two classes of citizens: (1) those who are natural-born and (2) those who are naturalized in accordance
with law. A citizen who is not a naturalized Filipino, i.e., did not have to undergo the process of
naturalization to obtain Philippine citizenship, necessarily is natural-born Filipino. Noteworthy is the
absence in said enumeration of a separate category for persons who, after losing Philippine citizenship,
subsequently reacquire it. The reason therefor is clear: as to such persons, they would either be naturalborn or naturalized depending on the reasons for the loss of their citizenship and the mode prescribed by
the applicable law for the reacquisition thereof.[8]

Naturalized citizens
Naturalized citizens are those who have become Filipino citizens through naturalization. [9] Naturalization is
a mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially acquiring
Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, also known as
the Revised Naturalization Law, and by Republic Act No. 530.[10] C.A. 473 repealed the former
Naturalization Law, Act No. 2927. On the other hand, naturalization as a mode for reacquiring Philippine
citizenship is governed by Commonwealth Act No. 63.[11]

Mode of initially acquiring citizenship


To be naturalized, an applicant has to prove that he possesses all the qualifications and none of the
disqualification provided by law to become a Filipino citizen. [12]

Qualifications for naturalization


Section 2 of Act 473 provides the following qualifications: [13]

He must be not less than 21 years of age on the day of the hearing of the petition;

He must have resided in the Philippines for a continuous period of not less than ten years;

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 and
well as with the community in which he is living;

He must own real estate in the Philippines worth not less than five thousand pesos, Philippine
currency, or must have some known lucrative trade, profession, or lawful occupation;

He must be able to speak and write English or Spanish and any of the principal languages; and

He must have enrolled his minor children of school age, in any of the public schools or private
schools recognized by the Bureau of Private Schools of the Philippines where Philippine history,
government and civic 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 learning of his petition for
naturalization as Philippine citizen.

Disqualifications for naturalization


Section 4 of Act 473 provides the following disqualifications: [14]

He must not be opposed to organized government or affiliated with any association or group of
persons who uphold and teach doctrines opposing all organized governments;

He must not be defending or teaching the necessity or propriety of violence, personal assault, or
assassination for the success and predominance of their ideas;

He must not be polygamist or believer in the practice of polygamy;

He must not have been convicted of any crime involving moral turpitude;

He must not be suffering from mental alienation or incurable contagious diseases;

He must have, during the period of his residence in the Philippines (of not less than six months
before filing his application), mingled socially with the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions and ideal s of the Filipinos;

He must not be a citizen or subject of a nation with whom the Philippines is at war, during the
period of such war;

He must not be citizen or subject of foreign country whose laws do not grant Filipinos the right to
become naturalized citizens or subjects thereof.

Procedure
The decision granting Philippine citizenship becomes executory only after two (2) years from its
promulgation when the court is satisfied that during the intervening period, the applicant has (1) not left
the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not been convicted of

any offense or violation of Government promulgated rules; or (4) committed any act prejudicial to the
interest of the nation or contrary to any Government announced policies. [15]

Mode of reacquiring citizenship


Philippine citizenship may be lost or reacquired in the manner provided by law.[16] Commonwealth Act. No.
(C.A. No. 63), enumerates the three modes by which Philippine citizenship may be reacquired by a former
citizen: (1) by naturalization, (2) by repatriation, and (3) by direct act of Congress. [17]

Naturalization as mode of reacquiring citizenship


Under Commonwealth Act No. 63, a former Filipino citizen who wishes to reacquire Philippine citizenship
must possess certain qualifications and none of the disqualification mentioned in Section 4 of C.A. 473.
The list of disqualifications are the same as above. The qualifications, on the other hand, are as follows:

The applicant must have lost his original Philippine citizenship by naturalization in a foreign
country or by express renunciation of his citizenship. [18]

He must be at least twenty-one years of age and shall have resided in the Philippines at least six
months before he applies for naturalization.[19]

He must have conducted himself in a proper and irreproachable manner during the entire period
of his residence (of at least six months prior to the filing of the application) in the Philippines, in his
relations with the constituted government as well as with the community in which he is living. [20]

He subscribes to an oath declaring his intention to renounce absolutely and perpetually all faith
and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject. [21]

Repatriation as mode of reacquiring citizenship


Repatriation may be had under various statutes by those who lost their citizenship due to: (1) desertion of
the armed forces;[22] (2) services in the armed forces of the allied forces in World War II; [23] (3) service in
the Armed Forces of the United States at any other time, (4) marriage of a Filipino woman to an alien;
[24]
and (5) political economic necessity.[25]
As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an
oath of allegiance to the Republic of the Philippine and registering said oath in the Local Civil Registry of
the place where the person concerned resides or last resided. [26]
Under these statutes, the person desiring to reacquire Philippine citizenship would not even be required
to file a petition in court, and all that he had to do was to take an oath of allegiance to the Republic of the
Philippines and to register that fact with the civil registry in the place of his residence or where he had last
resided in the Philippines. [27]

Moreover, repatriation results in the recovery of the original nationality.[28] This means that a naturalized
Filipino 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 his former status as a natural-born Filipino. [29]

The Philippine nationality law is based upon the principles of jus sanguinis (Latin: right of blood)
and therefore descent from a parent who is a citizen or national of the Republic of the Philippines is
the primary method of acquiring Philippine citizenship. This is contrasted with the legal principle
of jus soli where being born on the soil of a country, even to foreign parents, grants one citizenship.
For those born in the Philippines to non-Filipino parents, the Administrative Naturalization Law of
2000 (R.A. 9139) provides a path for administrative naturalization for those who qualify.[1][2]
Contents
[hide]

1 Citizenship by birth

2 Citizenship by naturalization

3 Loss and reacquisition of Philippine citizenship

4 See also

5 Notes

6 References

7 Further reading

8 External links

Citizenship by birth[edit]
As of 2010, with no significant changes expected, Philippine nationality law provides that a person
becomes a Philippine citizen by birth if

that person was born on or after October 15, 1986 and at least one parent was a Philippine
citizen on the birthdate;[3]

that person was born on or after January 17, 1973 and one or both parents were Philippine
citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of
the 1935 Constitution;[4]

or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if
the father was not, the mother was a Philippine citizen and the person elected Philippine
citizenship pursuant to the provisions of the 1935 Constitution;[5]

or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least
one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on
April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a
Spanish subject on April 11, 1899, except in certain specific cases.[6]

Citizenship by naturalization[edit]
Commonwealth Act No. 473, approved June 17, 1939, provided that persons having certain
specified qualifications may become a citizen of the Philippines by naturalization. [7]
Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were
born in the Philippines, who have resided in the Philippines and have resided therein since birth, and
who possess other specified qualifications may be granted Philippines citizenship by administrative
proceeding subject to certain requirements.[1][2]
Under Section 2 of the Revised Naturalization Law the applicant must possess the following
qualifications:

He/she must not be less than twenty-one (21) years of age on the day of the hearing of the
petition;

He/she must have resided in the Philippines for a continuous period of not less than ten (10)
years;

He/she 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;

He/she must own real estate in the Philippines worth not less than five thousand (5000)
pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful
occupation;[a]

He/she must be able to speak or write English or Spanish or any one of the principal
languages;[b]

He/she must have enrolled his minor children of school age in any of the public or private
schools recognized by the Bureau of Public Schools of the Philippines where 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 the petition
for naturalization as Philippine citizen.[8]

Loss and reacquisition of Philippine citizenship [edit]


Commonwealth Act No. 36, dated 20 October 1936, provides that Philippine citizens may lose
citizenship in any of the following ways and/or events:[9]
1. By naturalization in a foreign country;
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 twenty-one years of age or more: Provided, however,
That a Filipino may not divest himself of Philippine citizenship in any manner while
the Republic of the Philippines is at war with any country.
4. By rendering services to, or accepting commission in, the armed forces of a foreign
country, and the taking of an oath of allegiance incident thereto, except in certain
specified cases;
5. By cancellation of the certificates 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; and
7. In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in
force in her husband's country, she acquires his nationality.
Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino
women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos

who have lost their Philippine citizenship, including their minor children, on account of political or
economic necessity, to reacquire Philippine citizenship.[10]
Republic Act No. 9225, approved 29 August 2003, provided that all Philippine citizens who
become citizens of another country shall be deemed not to have lost their Philippine citizenship.
It further states that natural-born citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed
to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic, and
that their children whether legitimate, illegitimate or adopted, below eighteen (18) years of age,
shall be deemed citizens of the Philippines.[11]

denaturalize

[dee-nach-er-uh-lahyz] Show IPA


verb (used with object), denaturalized, denaturalizing.

1.
to deprive of proper or true nature; make unnatural.
2.
to deprive of the rights and privileges of citizenship or of naturalization.

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