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Article I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1) the Philippine archipelago;


2) all other territories over which the Philippines has sovereignty or jurisdiction

PHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of Paris (1898),
as amended by the Treaty of Washington (1900) and the Treaty with Great Britain (1930).

– consists of its
a) Terrestrial
b) Fluvial
c) Aerial domains

– including its
a) Territorial sea
b) The seabed
c) The subsoil
d) The insular shelves; and
e) The other submarine areas

INTERNAL WATERS – the waters Around, Between and Connecting the islands of the archipelago, regardless of their
breadth and dimensions

ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINES HAS SOVEREIGNTY OR JURISDICTION–includes any
territory that presently belongs or might in the future belong to the Philippines through any of the accepted international
modes of acquiring territory.

ARCHIPELAGIC PRINCIPLE

Two elements:
1. The definition of internal waters (supra);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting the
outermost points on the coast without departing to any appreciable extent from the general direction of the coast.
Important distances with respect to the waters around the Philippines
-Territorial Sea 12 nautical miles (n.m.)
-Contiguous Zone 12 n.m. from the edge of the territorial sea
-Exclusive Economic Zone 200 n.m. from the baseline
[includes T.S. and C.Z.]
NOTE: There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental Shelf.

TERRITORIAL SEA

The belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas
on the other, extending up to 12 nautical miles from the low water mark.

CONTIGUOUS ZONE

Extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise
jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.
EXCLUSIVE ECONOMIC ZONE

Body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore, exploit,
conserve and manage the natural resources

The state in the EEZ exercises jurisdiction with regard to:


1. the establishment and use of artificial islands, installations, and structures;
2. marine scientific research;
3. the protection and preservation of marine environment;

The Philippine archipelago

Article III.
Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying
within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the
navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th)
degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree
meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north
latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its
intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol]
35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes
(119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol]
40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its
intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a
direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth
(118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree
meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of
twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.

The Treaty of Washington of 1900 was signed on November 7, 1900, and came into effect on March 23, 1901, when the
ratifications were exchanged. The treaty sought to remove any ground of misunderstanding growing out of the
interpretation of Article III of the 1898 Treaty of Paris by clarifying specifics of territories relinquished to the United States
by Spain. It explicitly provided:

Spain relinquishes to the United States all title and claim of title; which she may have had at the time of the conclusion of
the Treaty of Peace of Paris, to any and all islands belonging to the Philippine Archipelago, lying outside the lines
described in Article III of that Treaty and particularly to the islands of Cagayan Sulu and Sibutu and their dependencies,
and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been
expressly included within those lines.[1]

In consideration for that explicit statement of relinquishment, the United States agreed to pay to Spain the sum of one
hundred thousand dollars ($100,000) within six months after the exchange of ratification.[1][2] The Treaty of Washington
is also known as the Cession Treaty.[3]
THE NATIONAL TERRITORY

Art. I, 1987 Constitution

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.

The Philippine Archipelago

Basis of Art. 1 of the 1987 Constitution [PIL, I. Cruz]

1- All the waters within the limits set forth in the:


a) Treaty of Paris of December 10, 1898 (Cession of the Philippine Islands by Spain to the U.S.),
b) between Spain and U.S., The Treaty of Spain and U.S. at Washington, November 1, 1900 (Cagayan, Sulu & Sibuto),
c) Treaty between U.S. and Great Britain, January 2, 1930 (Turtle and Mangsee Islands);
2- All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their
width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the
inland or internal waters of the Philippines;
3- All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the
aforementioned treaties comprise the territorial sea of the Philippines.
4- The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining the
appropriate points of the outermost islands of the archipelago (straight baseline method);

The definition of the baselines of the territorial sea of the Philippine archipelago is without prejudice to the delineation
of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of
the Philippines has acquired dominion and sovereignty.

ARCHIPELAGIC DOCTRINE

> Outermost points of the archipelago shall be connected by straight baselines and all islands and waters therein are
regarded as one integrated unit

Treaty Limits (Treaty of Paris, Art. III; Treaty between Spain and the US concluded at Washington DC, on November 7,
1900 and that between US and Great Britain on January 2, 1930)

1. Treaty of Paris of 10 December 1898.

Article 3 defines the metes and bounds of the archipelago by longitude and latitude, degrees and seconds. Technical
descriptions are made of the scope of the archipelago as this may be found on the surface of the earth.

2. Treaty of Washington of 7 November 1900 between the United States and Spain.

Ceding Cagayan, Sibuto and Sulu.

3. Treaty of 2 January 1930 between the United States and Great Britain.

Ceding the Turtle and Mangsee Islands.

J The SPRATLEY’S group of islands is not a part of the Philippine archipelago but it is a part of our national territory. It
belongs to the 2nd part of the composition of the national territory […All other territories over which the Philippines has
sovereignty or jurisdiction]

P.D. No. 1596 (Declaring Certain Areas Part of the Philippine Territory and Providing for Their Government and
Administration), promulgated on June 11, 1978.
PRESIDENTIAL DECREE NO. 1596
DECLARING CERTAIN AREA PART OF THE PHILIPPINE TERRITORY AND PROVIDING FOR THEIR
GOVERNMENT AND ADMINISTRATION

WHEREAS, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the
following:

KALAYAAN ISLAND GROUP


From a point [on the Philippine Treaty Limits] at latitude 7º40' North and longitude 116º00 East of Greenwich, thence due
West along the parallel of 7º40' N to its intersection with the meridian of longitude 112º10' E, thence due north along the
meridian of 112º10' E to its intersection with the parallel of 9º00' N, thence northeastward to the intersection of parallel of
12º00' N with the meridian of longitude 114º30' E, thence, due East along the parallel of 12º00' N to its intersection with
the meridian of 118º00' E, thence, due South along the meridian of longitude 118º00' E to its intersection with the parallel
of 10º00' N, thence Southwestwards to the point of beginning at 7º40' N, latitude and 116º00' E longitude are vital to the
security and economic survival of the Philippines;

WHEREAS, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and
effective occupation and control established in accordance with the international law, such areas must now deemed to
belong and subject to the sovereignty of the Philippines;

WHEREAS, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and
can not prevail over that of the Philippines on legal, historical, and equitable grounds.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by
the Constitution, do hereby decree as follows:

P.D. No. 1599 (Establishing an Exclusive Economic Zone and For Other Purposes), promulgated on June 11, 1978.

There is established an exclusive economic zone extending "to a distance of two hundred nautical miles
beyond and from the baselines from which the territorial sea is measured. Provided, That, where the outer limits of
the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common
boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally
recognized principles or international law on delimitation." (Sec. 1 thereof.)

Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying
of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and
communications. (Sec. 4 thereof.)
Purposes:

1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or
non-renewable of the seabed, subsoil, and superadjacent waters.

Economic exploitation and exploration of the resources of the zone such as the production of energy from the water,
currents and winds.

2. Exclusive rights and jurisdiction with repect to the establishment and utilization of artificial islands, off-shore
terminals, installations and structures; the preservation of the marine environment, including the prevention and control of
pollution and scientific research.

3. Such other rights as are recognized by international law.

Other states are prohibited from using the zone to:


1. Explore or exploit any resources;
2. Carry out any search, excavation or drilling operations;
3. Conduct any research;
4. Construct or operate any artificial island, off-shore terminal, installation, or other structure;
5. Perform any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided.
Other states are allowed to use the zone for:
1. Navigation and overflight;
2. Laying of submarine cable and pipelines;
3. Other lawful uses related to navigation and communication.

In case of overlapping of EEZs, the common boundaries are to be detemined by (i) agreement and (ii) international
rules on delimitations.

UN Convention on the Law of the Sea (30 April 1982.)

The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines from which the breadth
of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory. Its concept is that
although it is not part of the territory, exclusive economic benefit is reserved for the country.

*A - People

-Inhabitants

-Article II

-Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among
them.

-Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.

-Article III

-Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.

QUA CHEE GAN v. DEPORTATION BOARD (CASE DIGEST)

30 September 1963
GR No. L-10280

TOPIC:

“People” as Inhabitants

FACTS:

The Court of First Instance denied the petition for writs of habeas corpus, mandamus and certiorari by the petitioners.
On May 12, 1952, Special Prosecutor Emilio L. Galang charged petitioner before the Deportation Board. The crimes:

•Purchasing $130,000 with license from Central Bank and remitted it to Hong Kong
•Attempted bribery of Phil and US officials.
In effect, Deportation Board issued a warrant of arrest for petitioner (E.O. No 398, series of 1951). Upon fixing of bonds,
petitioner was temporarily set free.

ISSUE/S:

1. Whether or not the President has authority to deport aliens.


2. Whether or not the Deportation Board also has authority to file warrants of arrest.
HELD:

1. YES

Section 69 of Act NO. 2711 of the Revised Administrative Code – Deportation of subject to foreign power. — Asubject of a
foreign power residing in the Philippines shall not be deported, expelled, or excluded from said Islands or repatriated to
his own country by the President of the Philippines EXCEPT UPON PRIOR INVESTIGATION, conducted by said
Executive or his authorized agent, of the ground upon which Such action is contemplated. In such case the person
concerned shall be informed of the charge or charges against him and he shall be allowed not less than these days for the
preparation of his defense. He shall also have the right to be heard by himself or counsel, to produce witnesses in his own
behalf, and to cross-examine the opposing witnesses.”

* In effect, the President (Quezon, May 29, 1936) created the Deportation Board to conduct investigations.

2. Yes but only after investigation has resulted to the actual order of deportation. Arrest would have been necessary for
deportation to take effect. However, in the case at bar, investigations were still ongoing and no order for deportation was
yet made. Decision: E.O. No 398, series of 1951: declared illegal

Deportation may be effected in 2 ways:


1. by order of President, after due investigation, pursuant to Section 69 of the RAC

2. by Commissioner of Immigration, upon recommendation by the Board of Commissioners under Section 37 of


Commonwealth Act No. 613

Crime was an act profiteering, hoarding or blackmarketing of US dollars.

-Citizens; Preamble

Article II

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government
authority emanates from them.

Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the
people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to
render personal, military or civil service.

Article III

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.

-Electors:

Article VI

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of
the Philippines, as may be provided by law.

Article XVIII

Section 25. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States
of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines
except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the
votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other
contracting State.
*B. Citizenship

Article IV

Section 1. The following are citizens of the Philippines:

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 January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age
of majority; and
4. Those who are naturalized in the accordance with law.

Article II

Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.

Article III

Section 3.

1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any
proceeding.

Election of the Philippine citizenship:

COMMONWEALTH ACT No. 625

AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE CITIZENSHIP SHALL BE
DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN

Be it enacted by the National Assembly of the Philippines:

Section 1. The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the
Constitution1 shall be expressed in a statement to be signed and sworn to by the party concerned before any officer
authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the
aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.

Section 2. If the party concerned is absent from the Philippines, he may make the statement herein authorized before any
officer of the Government of the United States2 authorized to administer oaths, and he shall forward such statement
together with his oath of allegiance, to the Civil Registry of Manila.

Section 3. The civil registrar shall collect as filing fees of the statement, the amount of ten pesos.

Section 4. The penalty of prision correccional, or a fine not exceeding ten thousand pesos, or both, shall be imposed on
anyone found guilty of fraud or falsehood in making the statement herein prescribed.

Section 5. This Act shall take effect upon its approval.

Approved, June 7, 1941.

-natural-born citizens

Article IV
Section 2. 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 hereof shall be deemed natural-born citizens.

1. president

Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least
ten years immediately preceding such election.

2. vice-president

Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with,
and in the same manner, as the President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.

3. members of congress

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for
not less than two years immediately preceding the day of the election.

Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the
party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period
of not less than one year immediately preceding the day of the election.

4. justices of the supreme court and lower collegiate courts

Section 8.

1. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and
a representative of the private sector.
2. The regular members of the Council shall be appointed by the President for a term of four years with the consent
of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar
shall serve for four years, the professor of law for three years, the retired Justice for two years, and the
representative of the private sector for one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its
proceedings.
4. The regular Members of the Council shall receive such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.
5. The Council shall have the principal function of recommending appointees to the judiciary. It may exercise such
other functions and duties as the Supreme Court may assign to it.
6. Kilosbayan vs. Ermita, Ong G.R. No. 177721 July 3, 2007 Citizenship, Naturalization
7. December 4, 2017
8. FACTS:
9. Respondent announced an appointment in favor of respondent Ong as Associate Justice of the Supreme Court to
fill up the vacancy created by the of Associate Justice R. J. Callejo, Sr. Petitioners claim that respondent Ong is a
Chinese citizen, that this fact is plain and incontestable, and that his own birth certificate indicates his Chinese
citizenship. Petitioners contend that the appointment extended to respondent Ong through respondent Executive
Secretary is patently unconstitutional and issued with grave abuse of discretion amounting to lack of jurisdiction.
ISSUE:
Is Sandiganbayan Justice Ong a natural born Filipino citizen?

RULING:
No. It is clear from the records of the Court that respondent Ong is a naturalized Filipino citizen. The alleged
subsequent recognition of his natural-born status by the Bureau of Immigration and the DOJ cannot amend the
final decision of the trial court stating that respondent Ong and his mother were naturalized along with his father.
Furthermore, no substantial change or correction in an entry in a civil register can be made without a judicial
order, and, under the law, a change in citizenship status is a substantial change.

5.Ombudsman and deputies

Article XI

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their
appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and
must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have,
for ten years or more, been a judge or engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of
Article 1X-A of this Constitution.

6. constitutional commission members

Article IX-b

Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.

7.central monetary authority members

Article XII

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing
board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come
from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by
law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over
the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance
companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as
the central monetary authority.

8. commission on human rights members

Article XIII

Section 17.

1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the
Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to
exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly released.
* naturalized citizens

EPUBLIC ACT NO. 9139 June 08, 2001

AN ACT PROVIDING FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP FOR CERTAIN ALIENS BY
ADMINISTRATIVE NATURALIZATION AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 3. Qualifications. - Subject to the provisions of the succeeding section, any person desiring to avail of the benefits
of this Act must meet the following qualifications:

(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) The applicant must 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 relation with the duly constituted government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school or private educational
institution dully recognized by the Department of Education, Culture and Sports, where Philippine history, government and
civics are taught and prescribed as part of the school curriculum and where enrollment 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;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income
sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family: Provided,
however, 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;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs,
traditions and ideals of the Filipino people.
When decision is executory?

Republic v. Li Ching Chung

DOCTRINE: The only right that a foreigner has, to be given the chance to become a Filipino citizen, is that which the
statute confers upon him; and to acquire such right, he must strictly comply with all the statutory conditions and
requirements. The absence of one jurisdictional requirement is fatal to the petition as this necessarily results in the
dismissal or severance of the naturalization process.

FACTS:

On August 22, 2007, respondent, otherwise known as Bernabe Luna Li or Stephen Lee Keng, a Chinese national, filed his
Declaration of Intention to Become a Citizen of the Philippines before the OSG. Almost seven months after filing his
declaration of intention, respondent filed his Petition for Naturalization before the RTC.
ISSUE/S: Whether the respondent should be admitted as a Filipino citizen despite his undisputed failure to comply with
the requirements provided for in CA No. 473, as amended – which are mandatory and jurisdictional in character –
particularly: (i) the filing of his petition for naturalization within the one (1) year proscribed period from the date he filed his
declaration of intention to become a Filipino citizen; (ii) the failure to attach to the petition his certificate of arrival; and (iii)
the failure to comply with the publication and posting requirements prescribed by CA No. 473.

HELD: No

Section 5 of CA No. 473,47 as amended,48 expressly states:

Section 5. Declaration of intention. – One year prior to the filing of his petition for admission to Philippine citizenship, the
applicant for Philippine citizenship shall file with the Bureau of Justice (now Office of the Solicitor General) a declaration
under oath that it is bona fide his intention to become a citizen of the Philippines. Such declaration shall set forth name,
age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of
the vessel or aircraft, if any, in which he came to the Philippines, and the place of residence in the Philippines at the time
of making the declaration. No declaration shall be valid until lawful entry for permanent residence has been established
and a certificate showing the date, place, and manner of his arrival has been issued. The declarant must also state that he
has enrolled his minor children, if any, in any of the public schools or private schools recognized by the Office of Private
Education 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 his
petition for naturalization as Philippine citizen. Each declarant must furnish two photographs of himself. (Emphasis
supplied)

Denaturalization: RA 9139

Section 9. Decree of Naturalization and Naturalization Processing Fee. -Within thirty (30) days from the receipt of the
notice of the approval of his/her petition, the applicant shall pay to the Committee a naturalization fee of One hundred
thousand pesos (P100,000.00) payable as follows: Fifty thousand pesos (P50,000.00) upon the approval of the petition
and Fifty thousand pesos (P50,000.00) upon the taking of the oath of allegiance to the Republic of the Philippines,
forthwith, a certificate of naturalization shall be issued. Within sixty (60) days from the issuance of the certificate, the
petitioner shall take an oath of allegiance in the proper forum upon proof of payment of the required naturalization
processing fee and certificate of naturalization. Should the applicant fail to take the abovementioned oath of allegiance
within said period of time, the approval of the petition shall be deemed abandoned.

Loss and reacquisition of citizenship:

Section 3. Procedure incident to reacquisition of Philippine citizenship. – The procedure prescribed for naturalization
under Act Numbered Twenty-nine hundred and twenty-seven,5 as amended, shall apply to the reacquisition of Philippine
citizenship by naturalization provided for in the next preceding section: Provided, That the qualifications and special
qualifications prescribed in section three and four of said Act shall not be required: And provided, further,

(1) That the applicant be at least twenty-one years of age and shall have resided in the Philippines at least six
months before he applies for naturalization;

(2) That he shall 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 with the community in
which he is living; and

(3) That 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.

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