Civil Personality

Question 1

Citizenship?

Answer 1

Membership in a political community which is personal and more or less permanent in character.

Question 2

Distinguished from nationality

Answer 2

Nationality is membership in any class or form of political community.

Question 3

Usual modes of acquiring citizenship:

Answer 3

By Birth; By naturalization; By marriage

Question 4

Modes by Birth: Jus sanguinis?

Answer 4

By Place

Question 5

Modes by Birth: jus soli?

Answer 5

By Blood

Question 6

Natural-born citizens?

Answer 6

Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

Question 7

Marriage by Filipino to an alien?

Answer 7

Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it”

Question 8

Policy against dual allegiance?

Answer 8

Dual allegiance of citizens is inimical tothe national interest and shall be dealt with by law

Question 9

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Answer 9

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Question 10

Citizens of the Philippines.

Answer 10

Those who are citizens of the Philippines at the time of the adoption of this [1987] Constitution;

Those whose fathers or mothers are citizens of the Philippines. Prospective application, consistent with provision of the 1973 Constitution.

Those born before January 17, 1973, of Filipino mothers, who electPhilippine citizenship upon reaching the age of majority

Question 11

Those born before January 17, 1973, of Filipino mothers, who electPhilippine citizenship upon reaching the age of majority: procedure for election?

Answer 11

Election is expressed in a statement to besigned and sworn to by the party concerned before any official authorized to administer oaths; The statement is to be accompanied with the Oath of Allegiance to the Constitution and the Government of the Philippines

Question 12

Those born before January 17, 1973, of Filipino mothers, who electPhilippine citizenship upon reaching the age of majority: When to elect?

Answer 12

Within three (3) years from reaching the age of majority

Question 13

Child; mother Fil citizen at the time of her marriage to the alien; she lost Phil Citizenship. Does the child has rights?

Answer 13

The right is available to the child as long as his mother was a Filipino citizen at the time of her marriage to the alien, even if by reason of such marriage, she lost her Philippine citizenship; even if the mother was not a citizen of the Philippines at birth

Question 14

Naturalization?

Answer 14

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

Question 15

Modes of naturalization?

Answer 15

Direct: citizenship is acquired by: (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;

Indirect: 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.

Question 16

Doctrine of indelible allegiance?

Answer 16

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.

Question 17

Ways by which an alien may become a citizen of the Philippines by naturalization?

Answer 17

Direct naturalization under Philippine laws:

judicial naturalization under Commonwealth Act No. 473;

administrative naturalization under Rep. Act No. 9139; and

legislative naturalization in the form of a law enacted by Congress, bestowing Philippine citizenship to an alien

Question 18

Judical Naturalization under C.A. 473?

Answer 18

> 21 yrs. old; 10 yrs continous residence in Ph or 5 yrs if contributed to Ph/married to Ph women; good moral; owned a state >5K; speek english; enrolled kids in Ph schools

Question 19

Administrative Naturalization under Republic Act No. 9139

Answer 19

while the latter covers native-born aliens who lived 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 Filipino customs and traditions.

Question 20

Qualifications of Administrative Naturalization under Republic Act No. 9139

Answer 20

born in the Philippines and residing therein since birth; >18 yrs. old; good moral character and conduct [4] received his/her eduction in PH; job/busines/income; and [7] desire to learn and embrace the customs and traditions and ideals of the Filipino people.

Question 21

Loss of Citizenship; ways?

Answer 21

Bv naturalization in a foreign country;
By express renunciation of citizenship;
By subscribing to an oath of allegiance to;
By rendering service to or accepting commission in the armed forces of a foreign country;
By cancellation of the certificate of naturalization;
By having been declared by competent authority a deserter of the Philippine armed forces in time of war;

Question 22

Reacquisition of citizenship? Under RA 9225?

Answer 22

by taking the oath of allegiance for natural-born Philippine citizens who may have lost their Philippine citizenship by reason of their acquisition of the citizenship of a foreign country.

Question 23

Reacquisition of citizenship?

Answer 23

By naturalization;
By repatriation;
By direct act of Congress.