Article 48.

The following are citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of
the Constitution of the Philippines;
A. Citizens of the Philippines under the 1973 Constitution
1. Citizens of the Philippines at the time of adoption of the Constitution
2. Fathers or mothers are citizens of the Philippines
3. Those who elect Philippine citizenship, pursuant to the provisions of
the 1935 Constitution
4. Naturalized according to the law

B. Citizens of the Philippines under the 1987 Constitution

1. Citizens of the Philippines at the time of adoption of the Constitution
2. Fathers or mothers are citizens of the Philippines
3. Born before January 17, 1973 of Filipino mothers who elect Philippine
citizenship upon reaching the age of majority
4. Naturalized according to the law

(2) Those born in the Philippines of foreign parents who, before the
adoption of said Constitution, had been elected to public office in the
Philippines;
- Does not apply if:
a. Born outside the Philippines
b. Only appointed and not elected
c. Private and not public office
- Filipino is given to the child elected into a public office and not his parents.
The Filipino citizenship is passed on to his children, allowing derivative
citizenship

(3) Those whose fathers are citizens of the Philippines;

- the rule applies even if the mother is not a Filipino citizen, given his father
is a natural born Filipino

Principle of Jus Sanguinis – follows the citizenship of his parents

- followed in the Philippines
Principle of Jus Soli – citizenship based on the place of birth

Children of Naturalized Filipino Father

A. Minor Born Before Naturalization
1. Born in the Philippines – Filipino
2. Born outside the Philippines
a. dwelling in the Philippines at the time of naturalization – Filipino
b. dwelling outside the Philippines at the time of naturalization – a
Filipino only during his minority unless he resides permanently
B. Minor Born After Naturalization
1. Born in the Philippines – Filipino
2. Born outside the Philippines – considered Filipino unless fails to
register as Filipino citizen at the Philippine consulate within one
year after reaching the age of majority
NOTE: Children who are already of age at the time of the parent’s
naturalization only becomes a Filipino citizen through naturalization

(4) Those whose mothers are citizens of the Philippines and, upon reaching
the age of majority, elect Philippine citizenship;
- Requisites
 1. Father must not be a Filipino citizen
2. Mother must be a Filipino citizen
 It is sufficient for the mother to have been a Filipino citizen at the
time of her marriage to a foreigner
3. Upon reaching the age of majority, the child elects to be a Filipino
citizen
 Reasonable period to elect Filipino citizenship depends on the
circumstances
Notes:
1. Before reaching the age of majority, the child shall have nationality of
the father but would depend on the national law of the father
2. A child born outside the marriage of a Filipino mother and an alien
mother is a Filipino citizen (illegitimate children follow the citizenship of
their mother). But if their parents would marry later, the children are
considered legitimated and follows the citizenship of the father.

(5) Those where are naturalized in accordance with law;

- are governed by special laws
a. Commonwealth Act No. 473, amended by RA 530 – Naturalization Law
b. Commonwealth Act No. 63 – Loss and reacquisition of Philippine
citizenship
Citizenship – indicate a person’s ties of allegiance and loyalty
- Kinds of Citizens
1. Natural-born – citizens of the Philippines from birth, without having to
perform any act to acquire their Filipino citizenship
2. Naturalized – acquired Filipino citizenship through judicial proceedings
3. Citizen by Election – acquired Filipino citizenship by exercising their
option to elect a particular citizenship with a given period of time
Nationality – racial or ethnic relationship
Article 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws.
Naturalization – the process of acquiring the citizenship of another country
 Strict Sense: judicial process where the formalities of the law are
complied with, including the judicial hearing and approval of the
petition
 Loose and Broad Sense: not only the judicial process but also the
acquisition of another citizenship through marriage and exercise of
option to elect a citizenship
- Attributes of Naturalization
1. Citizenship is not a right but a privilege; thus, naturalization
is a privilege granted to some aliens under certain
conditions.
2. The requisite conditions for naturalization are laid down by
the Congress which the courts cannot change or modify.
3. Only foreigners may be naturalized.
4. Naturalization may be revoked by the cancellation of the
certificate of naturalization. (final judgement for
naturalization can never be truly final)
5. Naturalization demands allegiance to our Constitution,
laws, and government.
- Qualifications for Naturalization
1. Age – must not be less than 18 years old on the date of
hearing of the petition (not the date of filing)
2. Residence – resided in the Philippines for a continuous
period of not less than ten years
- not merely legal residence but actual and
substantial
- required residence may be reduced to five (5)
years:
1. Applicant has held office in the government
2. Applicant has established a new industry or
introduced a useful invention in the
Philippines
3. Applicant is married to a Filipino woman
4. Applicant was engaged in teaching in public
or recognized private school, not
established for a particular nationality
3. Good morals and conduct and belief in the principles
of the Constitution
4. Real estate or occupation – must have a real estate in
the Philippines
- Proof: certificate of assessment or a
declaration of real estate property ownership
- Alternative Requirement: some lucrative
trade, profession, or lawful occupation
Lucrative – implies substantial or
gainful employment
- being a student is not
lucrative; thus, falls short
of this requirement
- Purposes: a.) to make the acquisition of real
estate by aliens who become naturalized
Filipinos lawful and b.) forestall one from
becoming an object of charity
- Determined at the time of filing the petition

5. Language requirement – must be able to speak and write

English, Spanish, or any principal Philippine language
- A deaf-mute cannot speak so he cannot be
naturalized
- Even if the applicant can understand but cannot
speak and write the required language, he
cannot be naturalized
6. Enrollment of minor children of school age – where
Philippine history, government, and civics are taught o
prepare them to a life of responsible and law-abiding
citizenship
- Case: Cua Sun Ke v. Republic
Held: Section 6 of Commonwealth Act 473 provides
the requirements for an applicant to be exempted
from filing a declaration of intention, which includes
that he continuously resided in the Philippines for at
least 30 years and that all his children are given
primary and secondary education in a public or
private school, recognized by the government, that
is not limited to any race or nationality. Two of his
children only enrolled in the Philippines when they
were 12 and 14 years old, and his eldest was
enrolled in a Chinese school. This educational
requirement is not only a requirement for exemption
from filing a declaration of intention but also one of
the qualifications that an applicant for naturalization
should meet. Thus, Cua Sun Ke’s Certificate of
Naturalization should be cancelled.
- Disqualification for Naturalization (Section 4, Naturalization Law)
- Burden of Proof: the State
1. Persons opposed to organized government or affiliated to a group who
upholds and teaches doctrines opposing to all organized governments
2. Persons defending or teaching violence, personal assault, or
assassination
3. Polygamists or believers of polygamy
4. Persons convicted of crime involving moral turpitude
5. Persons suffering from mental alienation or incurable contagious
disease
6. Persons, who during the period of their residence, have not mingled
socially with Filipinos or those who do not express desire to embrace
Filipino customs, traditions, and ideals
7. Citizens with whom the US and Philippines are at war
8. Citizens whose national law who do not grant Filipinos the right to be
naturalized
- Steps in Naturalization Proceedings
1. A declaration of intention to become a Filipino citizen unless applicant
is exempted
2. Filing of petition for naturalization
3. Petition will be heard
4. If petition is approved, there will be a rehearing two years after
promulgation of the judgement
5. Taking the oath of allegiance to support and defend the Constitution
and the laws of the Philippines

- Case: Yung Uan Chu v. Republic

Held: Under Section 4 of Commonwealth Act No. 473, a
judicial declaration that a person is a Filipino citizen cannot
be made in a petition for naturalization, because it is beyond
its jurisdiction. The appellee should have taken an
administrative proceeding for the courts of justice exist to
settle justiciable controversies. Judicial recourse would only
be available in a case of adverse action by the Immigration
Commissioner.

- Cancellation of the Naturalization Certificate

1. If proved that the certificate was obtained illegally
2. If after 5 years from naturalization, the person has established a
permanent residence elsewhere
3. The petition was made on an invalid declaration of intention
4. If the minor child of the person failed to graduate from public or private
high school in the Philippines
5. Proved that he allowed himself to be a dummy for the exercise, use, or
enjoyment of a right, franchise, or privilege exclusive to Filipino citizens
- How Citizenship May Be Lost in General
1. By substitution of a new nationality – becoming a naturalized citizen
in another country; a Filipino woman marries a foreigner
2. By renunciation of citizenship – also known as expatriation,
express or implied (supporting the constitution or laws of a foreign
country)
3. By deprivation – as punishment
4. By release – voluntarily asks permission to be freed from his
citizenship
5. By expiration – lost due to long stay abroad
- How to reacquire Filipino Citizenship
 1. Naturalization
2. Repatriation
3. Direct Act of the National Assembly
Article 50. For the exercise of civil rights and the fulfillment of civil obligations,
the domicile of natural persons is the place of their habitual residence.
Domicile – a person’s permanent abode
- Domicile v. Residence
Residence is more or less temporary while domicile is more or less
permanent. A person can have more than one residence but can
only have one domicile.

Note: A person may be a citizen of a state without being domiciliary thereof; one
may possess his domicile in one state without being a citizen thereof

- Three Kinds of Domicile

1. Domicile of Origin – assigned by law at the moment of birth
- applies only to infants
- never changes because a person is
only born once
Rules for Domicile of Origin
a. Legitimate Child – domicile of choice of his father at the
moment of the birth of the child

Illustration: If a Filipino child is born in France at the

time that his father is domiciled in Japan, the domicile of
origin of the child is in Japan

Note: if the child is posthumous (born after the death of

the father), its domicile of origin is the domicile of choice
of the mother

b. Illegitimate Child – the domicile of choice of the mother

at the time of the birth of the child

c. Legitimated Child (an illegitimate that was granted the

status of a legitimate child through legitimation) – the
domicile of the father at the time of the birth

d. Adopted Child – the domicile of the real parent or the

parent by consanguinity

e. Foundling (abandoned infant whose parents are

unknown) – the country where the child is found

Note: If parents are found, it cannot be considered as a

foundling and cannot have a domicile of origin of
foundling. If illegitimate or legitimated, the riles on
domicile of origin by illegitimate or legitimated applies

2. Constructive Domicile or Domicile by Operation of Law –

assigned by law after birth on account of legal disability
caused by minority, insanity, or marriage in the case of a
woman
- applies to all those who lack capacity to
choose their own domicile
- Note: Women lack legal capacities that
prevent them from making a choice
- changes from time to time depending
upon several circumstances
 Rules for the Constructive Domicile
a. For Infants
1. Legitimate – domicile of choice of the father

Illustration: If the father of a six-year old child has a

domicile of choice in California, then the child will
have a constructive domicile in California. If they
move to China and the father is domiciled in China,
the child will a constructive domicile in China.

Note: In case of the death of the father, the mother

exercises authority of the child; thus, the constructive
domicile of the child is the domicile of choice of the
mother

2. Illegitimate – the domicile of choice of the mother

3. Adopted – the domicile of choice of the adopter

4. Ward – the domicile of choice of the guardian

b. Married Woman
1. Valid Marriage – domicile of choice of her husband
2. Voidable Marriage – domicile of choice of her
husband until annulled. When annulled, the wife no
longer has a constructive domicile and will have a
domicile of choice
- Reason: Marriage is regarded valid
until annulled
3. Void – has no constructive domicile and will have a
domicile of choice

Circumstances When Women May Have a Domicile of

Choice
1. Husband lives abroad, except if living abroad is in the
service of the Republic
2. Legally separated
3. Husband forcibly ejects his wife at home to have illicit
relations with another
4. Separation is de facto

c. Idiots, Lunatics, and Insane

1. below the age of majority – considered infants
under the law and rules of infants are applicable
2. above the age of majority
 Have guardians over their persons – follow
the domicile of choice of their guardians
 No guardians over their persons – domicile
of choice before they became insane

Note: an insane may have a domicile of choice if one

chose during a lucid interval

Illustration: If the husband is insane, the wife is free

from legal disability and is free to select her own
domicile of choice.

4. Domicile of Choice – because it is a person’s home where he

intends to return
 - a result of voluntary will and action of
the person
- chosen by a sui juris

Fundamental Principles Governing Domicile of Choice

1. No natural person must be ever without a domicile.
2. No person can have two or more domicile at the same
time, except for certain purposed from different legal
viewpoints
- If one never leaves his domicile of origin, it
becomes his domicile of choice after attaining the
age of majority or after being emancipated
- a person may have several residences (e.g. for
vacation) but the Civil Code only recognized the
habitual residence
- General Rule: characterize the domicile of the
litigant because a person may have various
domicile, serving different purposes
3. Every sui juris may change his domicile.
4. Once acquired, it remains to be the domicile unless a
new one is obtained:
Requisites:
a. by a capacitated person
b. with freedom of choice
c. with actual physical presence in the chosen place
d. with a provable intent that it should be one’s fixed and
permanent place of abode

- Case: Limbona v. Comelec

Held: The term “residence” is synonymous to “domicile” in the election law,
which constitutes not only the intention to reside in a fix place, but also the
actual personal presence in the said place. Petitioner’s defense that she has
been staying, sleeping, and doing business in her house in Pantar for 20
months is insufficient to prove that she has abandoned her old domicile which
is in Marawi City by the virtue of her marriage with her husband.

A. Requisites of Domicile of Choice

1. Residence or bodily presence in the new locality
2. An intention to remain in the new locality
3. An intention to abandon the old domicile

Article 51. When the law creating or recognizing them, or any other provision
does not fix the domicile of juridical persons, the same shall be understood to be
the place where their legal representation is established or where they exercise
their principal functions.
- Rules in Determining the Domicile of Juridical Persons
1. Get the domicile provided in the law creating or recognizing them or in
their articles of agreement
2. If not provided:
a. Where their legal representation is established
b. Or where they exercise their principal functions
Domicile of a De Facto Partnership
A defectively organized partnership which the law recognizes as de facto
insofar as third persons are concerned, can possess a domicile for purposes of
its de facto existence

Domicile of a Corporation with a Head Office and with Branches

The domicile is where the head office is located.