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ARTICLE VI: CITIZENSHIP

Section 1.

The following are citizens of the Philippines

Those who are citizens of the Philippines at the time of the adoption of this constitution.

Those whose fathers or mothers are citizens of the Philippines.

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

Those who are naturalized in accordance with law.

Citizenship – is a personal and more or less permanent membership in a political community. It


denotes possession within that particular 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.

Citizenship is a legal status which means that an individual has been registered with the
government of any given country. Citizenship is granted when an individual is accepted in to
that country’s legal means.

Nationality - is membership in any class or form of political community. No one is able to


change his nationality. An Indian can have an American citizenship but he cannot change his
nationality.

Usual Modes Of Acquiring Citizenship

By Birth

Jus Sanguinis – citizenship is determined by blood relationship

Jus Soli – citizenship is determined by the place of birth.

By Naturalization

By Marriage

Modes (By Birth) Applied In the Philippines

Before the adoption of the 1935 Constitution

A1. Jus Sanguinis – All inhabitants of the islands who were Spanish subjects on April 11,
1899, and residing in the Philippines who did not declare their intention of preserving Spanish
nationality between said date and October 11, 1900, were declared citizens of the Philippines
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(Sec. 4, Philippine Bill of 1902, Sec. 2, Jones Law of 1916), and their children born after April
11, 1899.

A2. Jus Soli

Res Judicata – It does not apply ordinarily to questions of citizenship. It does so only when:

If it is resolved by a court or administrative as a material issue in the controversy, after a full-


blown hearing.

With the active participation of the solicitor-general or his representative.

The finding of his citizenship is affirmed by the Supreme Court.

The decision on the matter shall constitute conclusive proof of such party’s citizenship in any
other case or proceeding.

De Novo – New Beginning

Ipso Jure - by operation of Law

Citizens of the Philippines At The Time of the Adoption of the 1973 Constitution

Section 1, Article 3. The following are citizens of the Philippines

Those who are citizens of the Philippines at the time of the adoption of this constitution.

Those whose fathers or mothers are citizens of the Philippines.

Those who elect Philippine citizenship pursuant to the provisions of the constitution of 1935.

Those who are naturalized in accordance with law.

Citizens of the Philippines At The Time of the Adoption of the 1935 Constitution

Section 1, Article 4. The following are citizens of the Philippines

Those who are citizens of the Philippine Islands at the time of the adoption of this constitution.

Those born in the Philippine Islands of foreign parents who, before adoption of this Constitution,
had been elected to public office in the Philippine Islands.

Those whose fathers are citizens of the Philippines.

Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect
Philippine citizenship.

Those who are naturalized in accordance with law.

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Mercado Versus Manzano

Facts: Manzano won the Makati vice-mayoralty election in 1998 but his proclamation was
suspended due to a pending disqualification filed by Ernesto Mamaril for the grounds that
Manzano has dual citizenship being born in San Francisco, California USA on September 4,
1955, adopting American citizenship through Jus Soli. His parents are both Filipinos making
him also a Filipino through Jus Sanguinis.

His disqualification is through the provision of Sec. 40 of the Local Government Code R.
A. No. 7160 which says that “Disqualified from running for any elective local position those
with dual citizenship.”

Issues: Whether Manzano is a dual citizen or not and whether he should be suspended or
disqualified from public office as vice-mayor of Makati.

Held: No. Manzano should not be disqualified nor suspended as Vice Mayor of Makati. Dual
citizenship mentioned in Sec. 40 of RA 7160 refers to dual allegiance. Sec. 5, Art. 4 of the 1987
Philippine Constitution states that “Dual allegiance of citizens is inimical to the National Interest
and shall be dealt with by Law.” Manzano’s dual citizenship is involuntary because he obtained
his citizenship not because of his expressed allegiance to USA but because of the Doctrine of Jus
Soli. Manzano has allegiance only to the Philippines.

Valles Versus Comelec

This is a petition for certiorari (A writ of order in which the higher court reviews the decision of
the lower court) dismissing the petition for disqualification filed by Valles against Rosalind
Ybasco Lopez in the May 1998 elections for governor of Davao Oriental.

Facts: Rosalind Ybasco Lopez was challenged thrice on the issue of her citizenship. She was
born on May 16, 1934 in Napier Terrace, Broome, Western Australia. Her parents is Telesforo
Ybasco, a Filipino and Theresa Marquez, an Australian. She left Australia in 1949 when she was
15 and married Leopoldo Lopez, a Filipino on June 27, 1952.

Cirilo Valles was the last to challenge her citizenship on the grounds that in 1988 Lopez
registered herself with the bureau of immigration as an Australian national & was issued Alien
Certificate of Registration No. 404695, dated September 19, 1988. She even applied for the
issuance of Immigrant Certificate of Residence. She was also issued Australian passport No.
700888.

Valles theorizes that:

Lopez renounced her Filipino citizenship.

In Her application for alien certificate of registration & immigrant certificate of residence, Lopez
expressly declared under oath that she was an Australian citizen.
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Said declaration forfeited her Filipino citizenship.

Issues: Whether Lopez is a Filipino citizen or an Australian citizen and whether or not if proven a
Filipino, did she in anyway renounce it by applying for Alien Certificate of Registration and
immigrant certificate of residence.

Held: Yes, respondent Lopez is a Filipino.

In 1934 the controlling laws of the Philippines were the Philippine Bill of July 01, 1902
and the Philippines Autonomy Act of August 29, 1916 (Jones Law). Under both organic acts, all
inhabitants of the Philippines who were Spanish subjects on April 11, 1899 and resided therein,
including their children, are considered Philippine citizens. Respondent father was therefore a
Filipino and consequently, she.

As for issue no. 2, responded did not lose her citizenship. Renunciation of citizenship
must be express. Applying for ACR, ICR and Australian passport are not enough to renounce
citizenship. They are merely acts of assertion of her Australia citizenship before she effectively
renounced the same. Holding of an Australian passport and an alien certificate of registration
does not constitute an effective renunciation of citizenship and does not militate against her
claim of Filipino citizenship. At most she has dual citizenship.

Lopez Versus Comelec

This is a petition for certiorari disqualifying the petitioner from running as Barangay Chairman.

Facts: Petitioner Lopez was a Filipino-American candidate for Brgy. Chairman of Bagacay, San
Dionisio, Iloilo City election of October 29, 2007. He was born a Filipino citizen but he also
deliberately sought American citizenship & renounced his Filipino citizenship. Tessie Villanueva
filed a petition to disqualify Lopez on issue that Eusebio Eugenio Lopez is an American citizen
and therefore ineligible from running for public office. Lopez argued that he is a dual citizen,
Filipino and American by virtue of RA 9225 known as the citizenship retention and re-
acquisition act of 2003. He also cited the case of valles versus comelec arguing that his filing of a
certificate of candidacy is an effective renunciation of his foreign citizenship.

Issues: Whether Lopez is qualified to run for public office and whether his filing of certificate
candidacy sufficient to renounce his dual citizenship.

Held: His petition was denied. The comelec ruled that the case of valles is substantially
different case. Rosalind Lopez was a dual citizen by accident (Jus Sanguinis & Jus Soli). She
did not swear allegiance to Australia. In contrast Eusebio Eugenio Lopez deliberately sought
American citizenship and renounced his Philippine citizenship. More importantly, the court’s
ruling on valles was superseded by the enactment of RA 9225 known as the citizen retention and
re-acquisistion act of 2003. Par. 2, Sec. 5 of RA 9225 states that those seeking elective public in
the Philippines shall meet the qualification for holding such public office as required by the
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Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make
a personal and sworn renunciation of any and all foreign citizenship before any public officer
authorized to administer an oath.

R.A. 9225 The Citizenship Retention and Re-acquisition Act 2003

- An act making the citizenship of Philippine citizens who acquire foreign citizenship
permanent, amending CA 63.

C.A. 473 The Revised Naturalization Law (Effectivity November 30, 1938)

- An act to provide for the acquisition of Philippine citizenship by naturalization and to


repeal acts 2927 and 3448

Caram Provision

- Those born in the Philippines of foreign parents who, before the adoption of this [1935]
Constitution, had been elected to public office in the Islands. In Chiongbian v. de Leon,
the Supreme Court held that the right acquired by virtue of this provision is transmissible.

Procedure For Election Upon Reaching The Age of Majority

- Election is expressed in a statement to be signed and sworn to by the party concerned


before any official authorized to administer oaths. Statement to be filed with the nearest
Civil Registry. The statement is to be accompanied with the Oath of Allegiance to the
Constitution and the Government of the Philippines [Sec. 1, CA 625].

- When To Elect – within 3 years upon reaching the age of majority except when there is
justifiable reason for the delay.

- The right to elect a Filipino citizenship is available to the legitimate child as long as
his/her mother is a Filipino at the time of marriage even if the mother lost her Filipino
citizenship by reason of such marriage.

- Inchoate – a legal right or entitlement that is in progress and is neither ripe, vested nor
perfected.

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 [Record, Senate, 12th Congress, June 4-5, 2001]

1. Modes of naturalization:

a) Direct: Citizenship is acquired by:

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(i) Individual, through judicial or administrative proceedings;

(ii) Special act of legislature;

(iii) Collective change of nationality, as a result of cession or subjugation; or

(iv) In some cases, by adoption of orphan minors as nationals of the State where they are
born.

b) Derivative: Citizenship conferred on:

(i) Wife of naturalized husband;

(ii) Minor children of naturalized person; or on the

(iii) Alien woman upon marriage to a national.

2. 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.

3. Direct naturalization under Philippine laws.

Under current and existing laws, there are three (3) ways by which an alien may become a citizen
of the Philippines by naturalization:

a) judicial naturalization under Commonwealth Act No. 473, as amended;

b) administrative naturalization under Rep. Act No. 9139; and

c) legislative naturalization in the form of a law enacted by Congress, bestowing Philippine


citizenship to an alien.

4. Naturalization under C.A. 473.

a) Qualifications:

[a] Not less than 21 years of age on the date of the hearing of the petition;

[b] Resided in the Philippines for a continuous period of not less than 10 years; may be
reduced to 5 years if he honorably held office in Government, established a new industry
or introduced a useful invention in the Philippines, married to a Filipino woman, been
engaged as a teacher in the Philippines (in a public or private school 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 two years, or born in the
Philippines;
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[c] Good moral character; believes in the principles underlying the Philippine
Constitution; must have conducted himself in a proper and irreproachable manner during
the entire period of his residence in the Philippines in his relations with the constituted
government as well as the community in which he is living; [d] Own real estate in the
Philippines worth not less than P5,000.00, or must have some known lucrative trade,
profession or lawful occupation; [e] Speak and write English or Spanish and any of the
principal Philippine languages; [f] 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.

b) Disqualifications: Those

[a] Opposed to organized government or affiliated with any association or group of


persons who uphold and teach doctrines opposing all organized governments;

[b] Defending or teaching the necessity or propriety of violence, personal assault or


assassination for the success or predominance of their ideas;

[c] Polygamists or believers in polygamy;

[d] Convicted of a crime involving moral turpitude;

[e] Suffering from mental alienation or incurable contagious disease;

[f] 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;

[g] Citizens or subjects of nations with whom the Philippines is at war, during the period
of such war;

[h] Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to
become naturalized citizens or subjects thereof.

c) Procedure

i) Filing of declaration of intention one year prior to the filing of the petition with
the office of the Solicitor General.

Exempt From Filing Declaration of Intention

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1. 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.
2. Resided in the Philippines for 30 years or more before the filing of the
petition, and enrolled his children in elementary and high schools recognized
by the government and not limited to any race of nationality.
3. Widow and minor children of an alien who has declared his intention to
become a citizen of the Philippines and dies before he is actually naturalized.

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

Sec 9 of the Revised Naturalization law in order that there be a valid publication,
the following requisites must concur:

(a) The petition and notice of hearing must be published


(b) The publication must be made once a week for 3 consecutive weeks
(c) The publication must be in the Official Gazette and in a newspaper of
general circulation in the province where the applicant resides.
(d) Copies of the petition and notice of hearing must be posted in the
office of the Clerk Of Court or in the building where the office is
located. The same notice must also indicate the names of the
witnesses whom the petitioner proposes to introduce at the trial.

iv) Actual residence in the Philippines during the entire proceedings


v) Hearing of the petition.
vi) Promulgation of the decision.
vii) Hearing after two years

At this hearing the applicant shall show that during the 2 year probation period,
applicant has

(i) Not left the Philippines.


(ii) Dedicated himself continuously to a lawful calling or profession
(iii) Not been convicted of any offense of violation of rules
(iv) Not committed an act prejudicial to the interest of the nation or contrary to
any government announced policies.

viii) Oath Taking and issuance of the Certificate of Naturalization.

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d) Effects of Naturalization

i. Vests citizenship on wife if she herself may be lawfully naturalized


ii. Minor children born in the Philippines before the naturalization shall be
considered citizens of the Philippines.
iii. Minor child born outside the Philippines who was residing in the Philippines at
the time of naturalization shall be considered a Filipino citizen.
iv. 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.
i. 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.

e) Denaturalization

i. Naturalization certificate is obtained fraudulently or illegally.


ii. If, within 5 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.
iii. Petition was made on an invalid declaration of intention.
iv. Minor children failed to graduate through the fault of the parents either by
neglecting to support them or by transferring them to another school.
v. Allowed himself to be used as a dummy.

f) Effects of Denaturalization

i. If the ground for denaturalization affects the intrinsic.


ii. If the ground for denaturalization affects the intrinsic validity of the proceedings,
the denaturalization shall divest the wife and children of their derivative
naturalization. But if the ground was personal to the denaturalized Filipino, his
wife and children shall retain their Philippine citizenship.

Naturalization By Direct Legislative Action

- This is discretionary on Congress; usually conferred on an alien who has made


outstanding contributions to the country.

Administrative Naturalization [R.A. 9139].

- The “Administrative Naturalization Law of 2000” would grant Philippine citizenship


by administrative proceedings to aliens born and residing in the Philippines.

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Special Committee on Naturalization

- Composed of the Solicitor General, as chairman, the Secretary of Foreign Affairs or


his representative, and the National Security Adviser, as members, this Committee
has the power to approve, deny or reject applications for naturalization under this Act.

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 and believes in the underlying principles of the Constitution and
must have conducted himself/herself in a proper and irreproachable manner during his/her entire
period of residence in the Philippines in his relations with the duly constituted government as
well as with the community in which he/she is living;
[4] have received his/her primary and secondary education in any public school or private
educational institution duly recognized by the Department of Education, where Philippine
history, government and civics are taught and prescribed as part of the school curriculum and
where enrolment is not limited to any race or nationality, provided that should he/she have minor
children of school age, he/she must have enrolled them in similar schools;
[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; provided that 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; and
[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.

c) Disqualifications:

- The same as those provided in C.A. 473.

d) Procedure:

Filing with the Special Committee on Naturalization of a petition (see Sec. 5, RA


9139, for contents of the petition);

Publication of pertinent portions of the petition once a week for three consecutive
weeks in a newspaper of general circulation, with copies thereof posted in any public
or conspicuous area; copies also furnished the Department of Foreign Affairs, Bureau
of Immigration and Deportation, the civil registrar of petitioner’s place of residence
and the National Bureau of Investigation which shall post copies of the petition in any
public or conspicuous areas in their buildings offices and premises, and within 30
days submit to the Committee a report stating whether or not petitioner has any

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derogatory record on file or any such relevant and material information which might
be adverse to petitioner’s application for citizenship;

Committee shall, within 60 days from receipt of the report of the agencies, consider
and review all information received pertaining to the petition (if Committee receives
any information adverse to the petition, the Committee shall allow the petitioner to
answer, explain or refute the information);

Committee shall then approve or deny the petition. Within 30 days from approval of
the petition, applicant shall pay to the Committee a fee of P100,000, then take the
oath of allegiance and a certificate of naturalization shall issue. Within 5 days after
the applicant has taken his oath of allegiance, the Bureau of Immigration shall
forward a copy of the oath to the proper local civil registrar, and thereafter, cancel
petitioner’s alien certificate of registration.

e) Status of Alien Wife and Minor Children.

After the approval of the petition for administrative naturalization and cancellation of the
applicant’s alien certificate of registration, applicant’s alien lawful 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 for administrative naturalization shall not benefit her alien husband,
although her minor children may still avail of the right to seek the cancellation of their alien
certificate of registration.

f) 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;

[2] if, within five 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.

LOSS & REACQUISITION OF PHILIPPINE CITIZENSHIP (C.A. 63)

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1. Loss of Citizenship

A. By Naturalization In A Foreign Country


B. By Express Renunciation of Citizenship
C. By Subscribing To An Oath Of Allegiance To support the Constitution or laws of a
foreign country upon attaining 21 years of age.
D. By rendering service to or accepting commission in the armed forces of a foreign
country.
E. By cancellation of the certificate of naturalization
F. 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.

2. Reacquisition of Citizenship

A. Under R.A. 9225, by taking the oath of allegiance required of former natural-born
Philippine citizens who may have lost their Philippine Citizenship by acquisition of
the citizenship of a foreign country.
B. By Naturalization, provided that the applicant possesses none of the disqualifications
prescribed for naturalization.
C. 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.

In Bengzon vs House of Representatives Electoral Tribunal, the Supreme Court ruled


that the act of repatriation allows the person to recover, or return to his original status
before he lost his Philippine citizenship.
D. By direct act of Congress.

ARTICLE V: SUFFRAGE

Sec. 1.
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by
law, who are at least 18 years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six months
immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
Sec. 2.
The congress shall provide a system for securing the secrecy and sanctity of the ballot as
well as a system for absentee voting by qualified Filipinos abroad.

The congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under
existing laws and such rules as the commission on elections may promulgate to protect
the secrecy of the ballot.

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Suffrage – Traditionally understood as the right to vote.

ARTICLE VII: THE LEGISLATIVE DEPARTMENT

A. The Legislative Power


-The power to propose, enact, amend and repeal laws vested in the congress except to the
extent reserved to the people by the provision of initiative and referendum.

B. Republic Act 6735: The Initiative and Referendum Act (approved by Pres. Corazon C.
Aquino on August 04, 1989)

1. Initiative – is the power of the people to propose amendments to the constitution or to


propose and enact legislation through an election called for the purpose.

3 Systems Of Initiative

i. Initiative on the Constitution - refers to a petition proposing amendments to


the constitution.
ii. Initiative on Statutes - refers to a petition proposing to to enact a national
legislation.
iii. Initiative on Local Legislation – refers to a petition proposing to enact a
regional, provincial, city, municipal or barangay law, resolution or ordinance.

2. Indirect Initiative – is the exercise of initiative by the people through a proposition


sent to congress or local legislative body for action (Sec. 2, RA 6735).

3. Referendum – is the power of the electorate to approve or reject legislation through


an election called for the purpose. It may be of two classes, namely;

i. Referendum on Statutes - refers to a petition to approve or reject an act or


law, or part thereof, passed by Congress;
ii. Referendum on Local Laws - refers to a petition to approve or reject a law,
resolution or ordinance enacted by regional assemblies and local legislative
bodies (Sec. 2 (c), R.A. 6735).

4. Prohibited Measures

The following cannot be the subject of initiative or referendum petition;

i. No petition embracing more than one subject shall be submitted to the


electorate
ii. And statutes involving emergency measures the enactment of which is
specifically vested in Congress by the Constitution, cannot be subject to
referendum until ninety (90) days after their effectivity.

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5. Local Initiative

It may be exercised by all registered voters of the country, autonomous regions,


provinces, cities, municipalities & barangays.

i. Autonomous Regions – not less than 2,000 registered voters


ii. Provinces, Cities – not less than 1,000 registered voters
iii. Municipalities – not less than 100 registered voters
iv. Barangays – not less than 50 registered voters

Requirements:

i. To exercise the power of initiative or referendum, at least ten per centum


(10%) of the total number of the registered voters, of which every legislative
district is represented by at least 3 per centum (3%) of the registered voters
thereof, shall sign a petition for the purpose and register the same with the
commission.

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