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Philippine Citizenship Framework

Basic Orientation Seminar


Philippine Citizenship
Framework
Legal Framework on Citizenship
PHILIPPINE CITIZENSHIP

CONFIRMATION ACQUISITION LOSS RE-ACQUISITION

Jus
1987 PHILIPPINE CONSTITUTION
sanguinis

Bureau of Immigration Revised Naturalization Law


Loss and Re-Acquisition of Loss and Re-Acquisition of
(Application) (C.A. 473) Citizenship Act (C.A. 63)
Citizenship Act (C.A. 63)
Administrative Naturalization Citizenship Re-acquisition and
Department of Justice Law (R.A. 9139) Retention Act (R.A. 9225)
(Confirmation)
Legislative Naturalization Citizenship Repatriation
Act (R.A. 8171)
Election of Citizenship
(C.A. 625)
Who are Citizens?
Before 1935 1935 Constitution 1973 Constitution 1987 Constitution
Before the 1935 Those who are citizens of the Those who are citizens of the Those who are citizens of the
Philippine Islands at the time Philippines at the time of the Philippines at the time of the
Constitution took effect, of the adoption of this adoption of this Constitution adoption of the Constitution
the following Constitution
determined who were Those born in the Philippine Those whose fathers or Those whose fathers or
the citizens of the Islands of foreign parents who, mothers are citizens of the mothers are citizens of the
before the adoption of this Philippines Philippines
Philippine Islands: Constitution, had been elected
to public office in the Those who elect Philippine Those born before January 17,
The Treaty of Philippine Islands citizenship pursuant to the 1973, of Filipino mothers, who
Paris provisions of the Constitution elect Philippine citizenship
Those whose fathers are of nineteen hundred and upon reaching the age of
Philippine Bill citizens of the Philippines thirty-five majority
of 1902 Those whose mothers are
citizens of the Philippines and, Those who are naturalized in Those who are naturalized in
upon reaching the age of accordance with law accordance with law
majority, elect Philippine
citizenship (Article III, Section 1) (Article IV, Section 1)

Those who are naturalized in


accordance with law

(Article IV, Section 1)


Legal Framework on Citizenship
Confirmation of Citizenship Election of Citizenship
Basis Philippine Constitution Commonwealth Act No. 625

Mercado vs. Manzano G.R. No. 135083. May 26, 1999

Concerned Application: BI Application: DOJ


Confirmation: DOJ Registration: Civil registry
Agency
Coverage A foreign national, who wishes to be acknowledged as Those whose mothers are citizens of
Filipino, whose parent was a Filipino at the time of the the Philippines and, upon reaching the
applicants birth age of majority, elect Philippine
citizenship

Requirements -Letter request -Sworn statement of election of


-Photocopy of passport bio-page (Applicant and citizenship under oath
Parent) -Oath of allegiance to the Constitution
-Birth certificate (Applicant and parent) and the Republic of the Philippines
-Affidavit of citizenship -Registration of the statement of
-BI Clearance Certificate election and of oath
-Fees -Payment of filing fees
Procedure Administrative Administrative
Legal Framework on Citizenship
Administrative Naturalization Judicial Naturalization
Basis Republic Act No. 9139 Commonwealth Act No. 473

Concerned Application: OSG (SCN) Declaration of Interest: OSG


Cancellation of ACR: BI Application: Regional Trial Court
Agency
Coverage Those born in and resident of the Philippines Any person having the qualifications and
none of the disqualifications under the law
Must have qualifications and none of the grounds
for disqualification (Qualifications as to age, residency, good moral
character, financial capacity, assimilation to Filipino
culture, language proficiency)

Requirements -Petition -Petition alleging jurisdictional


-Duplicate original or certified photocopies of birth requirements
certificate (petitioner, minor children) -Certificate of arrival
-Duplicate original or certified photocopies of ACR -Declaration of intention (must attach
and native born certificate of residence (petitioner, certificate of permanent residence
minor children)
-Duplicate original or certified photocopies of
marriage certificate/decree of annulment
-Affidavit of financial capacity
-Sworn statement of good moral character from 2
witnesses
-School diploma, ITR, medical certificate

Procedure Administrative Judicial


Legal Framework on Citizenship
Repatriation Re-acquisition of Citizenship
Basis Republic Act No. 8171 Republic Act No. 9225

Concerned Registration: Civil register office Application: BI


Agency
Coverage Filipino women who have lost their Natural-born citizens who lost their citizenship
citizenship by marriage to aliens. through naturalization as citizens of a foreign
country
Natural-born Filipinos who have lost
their Philippine citizenship on account of
political or economic necessity.
Requirements -Oath of allegiance to the Republic of the -Petition under oath
Philippines -Oath of allegiance, with the Bureau of
-Registration in civil registry Immigration
-Registration in the Bureau of
Immigration
Procedure Administrative Administrative
Legal Framework on Citizenship
Cancellation of Alien Certificate of Registration
Basis Section 15 of Revised Naturalization Law

Jurisprudence in Mo Ya Lim Yao


Concerned Agency Bureau of Immigration

Coverage Foreign women married to Filipino men

Requirements -Application at the Bureau of Immigration


-Payment of fees
-Cancellation of ACR

Procedure Administrative
Legal Framework on Citizenship
Loss of Citizenship
Basis Commonwealth Act No. 63

Concerned Registration: Civil register office


Agency
Coverage Naturalization in a foreign country

Express renunciation of citizenship

Subscribing an oath of allegiance in support of the constitution or laws of a


foreign country upon attaining 21 years of age or more

Rendering service to or accepting commission in the armed forces of another


country

Cancellation of certificate of naturalization

Deserter of the armed forces in time of war