Citizenship Flashcards
Who are citizens of the Philippines as stated in the 1987 Constitution?
[Sec. 1, Art. IV, Const.]
- 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 elected to be citizens. This is available only to:
a. those born before Jan 17, 1973;
b. to Filipino mothers; AND
c. elect Philippine citizenship upon reaching the age of majority - Those naturalized in accordance with law
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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 accordance with law.
Does Sec 1(3), Art. IV of the 1987 Constitution apply to those who are born to Filipino mothers and elected Philippine citizenship before February 2, 1987?
Sec 1, Art IV, 1987 Consti:
“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 accordance with law.”
YES.
Sec. 1 (3), Art. IV is also applicable to those who are born to Filipino mothers and elected Philippine citizenship before February 2, 1987.This is to correct the anomalous situation where one born of a Filipino father and an alien mother was automatically granted the status of a naturalborn citizen, while one born of a Filipino mother and an alien father would still have to elect Philippine citizenship [Co v. House Electoral Tribunal (1991)].
Who were the citizens of the Philipines at the time of the adoption of the 1987 Constitution?
- Citizens under the 1973 Constitution
2. Citizens under the 1935 Constitution
Who were citizens under the 1935 Constitution?
a. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
b. Those whose fathers or mothers are citizens of the Philippines;
c. Those who elect Philippine citizenship pursuant to the provisions of the Constitution of 1935; and
d. Those who are naturalized in accordance with law [Art. III, Sec.1(1)].
Who were citizens under the 1935 Constitution?
a. Those who are citizens at the time of the adoption of this Constitution;
b. Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands; This is known as the Caram Rule, and is only applicable to elective positions, not appointive ones [Chiongbian v. de Leon, G.R. No. L-2007, January 3, 1949];
c. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
d. Those who are naturalized in accordance with law [Art. IV, Sec. 1].
Enumerate the persons who were citizens of the Philippines on May 14, 1935 - the date of the adoption of the 1935 Constitution?
- Persons born in the Philippine Islands who resided therein on April 11, 1899 and were Spanish subjects on that date, unless they had lost their Philippine citizenship on or before May 14, 1935;
- Natives of the Spanish Peninsula who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and October 11, 1900, unless they had lost their Philippine citizenship on or before May 14, 1935;
- Naturalized citizens of Spain who resided in the Philippines on April 11, 1899, and did not declare their intention to preserve their Spanish nationality within the prescribed period (up to October 11, 1900);
- Children born of (1), (2) and (3) subsequent to April 11, 1899, unless they lost their Philippine citizenship on or before May 14, 1935; and
- Persons who became naturalized citizens of the Philippines in accordance with naturalization law since its enactment on March 26, 1920.
Are foundlings natural-born citizens?
Yes. As a matter of law, foundlings are, as a class, natural-born citizens. While the 1935 Constitution’s enumeration is silent as to foundlings, there is no restrictive language which would definitely exclude foundlings either. No such intent or language permits discrimination against foundlings. On the contrary, all three Constitutions (1935, 1973, 1987) guarantee the basic right to equal protection of the laws. All exhort the State to render social justice
[Poe-Llamanzares v. COMELEC, G.R. No. 221697 (2016)].
What are the two modes of acquiring citizenship?
- By birth
2. By naturalization
What are the two types of acquiring citizenship by birth?
a. Jus Soli
b. Jus Sanguinis
Differentiate Jus Soli and JUs Sanguinis in acquiring citizenship by birth?
a. Jus Soli – “right of soil;” person’s nationality is based on place of birth; formerly effective in the Philippines [seeRoa v. Collector of Customs, G.R. No. L-7011 (1912)]
b. Jus Sanguinis – “right of blood;” person’s nationality follows that of his natural parents. The Philippines currently adheres to this principle.
[iden]
This is 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.
Naturalization
What is naturalization.
This is 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.
What are the 3 modes by which an alien may become a Filipino citizen by naturalization?
(1) administrative naturalization pursuant to RA 9139;
(2) judicial naturalization pursuant to CA 437; and
(3) legislative naturalization in the form of a law enacted by Congress granting Philippine citizenship to an alien
(So, vs. Republic, GR No.170603, January 29, 2007)
What is derivative naturalization?
Foreign women who are married to Philippine citizens may be deemed ipso facto Philippine citizens and it is neither necessary for them to prove that they possess other qualifications for naturalization at the time of their marriage nor do they have to submit themselves to judicial naturalization
[Republic v. Batuigas, G.R. No. 183110 (2013)]
Minor children of those naturalized under LOI No. 270, pursuant to the principle of derivative naturalization are granted Philippine citizenship if they have the following requsites _______/
Pursuant to the principle of derivative naturalization, Section 15 of CA 437, extends the grant of Philippine citizenship to the minor children of those naturalized thereunder should be similarly applied to the minor children of those naturalized under LOI No. 270. The following are requisites to be entitled to Philippine citizenship:
(1) they are legitimate children of petitioner
(2) they were born in the Philippines and
(3) they were still minors when petitioner was naturalized as Filipino citizen.
(Tan Co vs. Civil Register of Manila, 423 SCRA 665)
Does the constitutional and statutory requirements of electing Filipino citizenship apply to an illegitimate child of a Filipino mother and a chinese father?
NO.
The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children and not to one who was concededly an illegitimate child, as her Chinese father and Filipino mother were never married. Being an illegitimate child of a Filipino mother, respondent is a Filipino since birth, without having to elect Filipino citizenship when she reaches the age of majority.
(Republic vs. Lim, 420 SCRA 123, GR No. 153883, January 13, 2004)
What is the reglementary period for when a legitimate child born of a Filipino mother and an alien father may elect Philippine ciizenship upon reaching age of majority?
CA No. 625 - did not prescribe a time period
1936 Charter - “upon reaching the age of majority”
pronouncements of the Dept. of State of the United States Government - election should be within “reasonable time” after attaining the age of majority.
The phrase “reasonable time” has been interpreted to mean the election should be made within three years from reaching the age of majority.
(Re: Application for Admission to the Philippine Bar, Vicente D. Ching, Bar Matter No. 914, October 1, 1999)
RA 9139 is an act providing for the acquisition of Philippine citizenship for whom?
1) aliens born in the Philippines and
2) residing therein since birth by administrative naturalization subject to certain requirements dictated by national security and interest.
[FIB]
_______________ was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging. It also addresses the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus promoting “brain drain for the Philippines. (So vs. Republic, supra)
RA 9139
“The Administrative Naturalization Law of 2000.”
Where is the qualifications and disqualifications of an applicant for naturalization by judicial act set forth?
Sections 2 and 4 of CA 473
“Revised Naturalization Law.”
Section 2. Qualifications. – Subject to section four of this Act, any person having the following qualifications may become a citizen of the Philippines by naturalization:
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;
Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. 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 as well as with the community in which he is living.
Fourth. 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;
Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and
Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education1 of the Philippines, where the 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.
Section 3. Special qualifications. The ten years of continuous residence required under the second condition of the last preceding section shall be understood as reduced to five years for any petitioner having any of the following qualifications:
Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof;
Having established a new industry or introduced a useful invention in the Philippines;
Being married to a Filipino woman;
Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;
Having been born in the Philippines.
Where is the qualifications and disqualifications of an applicant for naturalization by administrative act provided?
Sections 3 and 4 of RA 9139
“The Administrative Naturalization Law of 2000”
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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.
Section 4. Disqualifications, - The following are not qualified to be naturalized as Filipino citizens under this Act:
(a) Those opposed to organized government or affiliated with any association of group of persons who uphold and teach doctrines opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with 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 with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.
Does the qualifications prescribed under Act 473 (“Revised Naturalization Law.”) applicable to RA 9139 (“The Administrative Naturalization Law of 2000”) ?
NO.
- CA 473 and RA 9139 are separate and distinct laws- the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to customs and traditions.
- if the qualifications prescribed in RA 9139 would be made applicable even to judicial naturalization, the coverage of the law would be broadened since it would then apply even to aliens who are not native-born.
- applying the provisions of RA 9139 to judicial naturalization is contrary to the intention of the legislature to liberalize the naturalization procedure in the country.
RA 8171 is an act providing repatriation for whom?
(a) of Filipino women who have lost their Philippine citizenship by marriage to aliens and
(b) of naturalborn Filipinos who have lost their Philippine citizenship on account of political or economic necessity, including their minor children.
(Angat vs. Republic, GR No. 132244, September 14, 1999)
Included in the second group are minor children at the time of repatriation and does not include one who is no longer minor at the time of his repatriation or one who lost his Philippine citizenship by operation of law. The loss of Philippine citizenship must be on account of political or economic necessity and not by operation of law such as derivative naturalization, or for the purpose of avoiding deportation and prosecution in the US.
Republic Act 8171: An Act of Providing for the Repatriation of Filipino Women Who Have Lost Ther Philippine Citizenship by Marriage to Aliens and of Natural-Born Filipinos
