The Philippines as a State (People/Citizenship)

Question 1

Article 4, Section 1, 1987 Constitution

The following are citizens of the Philippines?

Answer 1

[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.

Question 2

What rules of citizenship in the past were not carried over?

Answer 2

(2) 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.

Question 3

CARAM PROVISION.

Answer 3

It is a rule on citizenship which was not carried over to the 1987 Constitution. So,
let’s take number 1 and 2 in turn, starting with number 1,those who are citizens on the PH islands at the
time of the adoption of the 1935 Constitution.

Question 4

Phil Bill of 1902

Section 4.

Answer 4

a.ka. the Philippine Organic Act of 1902, which is the first comprehensive legislation of the
Congress of the United States on the Philippines

Question 5

Under the organic act, a “citizen of the Philippines” was one who was an inhabitant of the
Philippines, and a Spanish subject on the 11th day of April 1899. The term “inhabitant” was taken
to include:

Answer 5

1. a native-born inhabitant
2. an inhabitant who was a native of Peninsular Spain
3. an inhabitant who obtained Spanish papers on or before 11 April 1899

Question 6

Jones Law of 1916

Section 2. Philippine Citizenship and Naturalization is also known as?

Answer 6

the Philippine Autonomy Act which restated virtually the provisions of the Philippine Bill of
1902, as so amended by the Act of Congress in 1912.

Question 7

Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a citizen of
the Philippines as of 11 April 1899 if he was:

Answer 7

1. a subject of Spain on 11 April 1899
2. residing in the Philippines on said date
3. since that date, not a citizen of some other country.

Question 8

Section 2, Article VII, of the 1987 Constitution expresses:

Answer 8

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.

Question 9

Q1. Are Lorenzo Pou and Allan Poe Filipino citizens? Explain.

Answer 9

● Lorenzo Pou
YES. While the record of birth of Lorenzo Pou had not been presented in evidence, his death
certificate, however, identified him to be a Filipino, a resident of San Carlos, Pangasinan, and 84
years old at the time of his death on 11 September 1954. Even if the Petitioner would argue that
Lorenzo Pou was not in the Philippines during the crucial period from 1898 to 1902 considering
that there was no existing record about such fact in the Records Management and Archives
Office. Petitioner, however, likewise failed to show that Lorenzo Pou was at any other place
during the same period. In his death certificate, the residence of Lorenzo Pou was stated to be
San Carlos, Pangasinan. In the absence of any evidence to the contrary, it should be sound to
conclude, or at least to presume, that the place of residence of a person at the time of his death
was also his residence before death. It would be extremely doubtful if the Records Management
and Archives Oce would have had complete records of all residents of the Philippines from 1898
to 1902.
● Allan Poe
YES. Lorenzo Pou, Allan Poe’s father, would have benefited from the “en masse Filipinization”
that the Philippine bill had effected in 1902. That citizenship (of Lorenzo Pou), if acquired, would
thereby extend to him, father of respondent FPJ. The 1935 Constitution, during which regime
respondent FPJ has seen first light, c onfers citizenship to all persons whose fathers are
Filipino citizens regardless of whether such children are legitimate or illegitimate.

Question 10

In our jurisdiction, we adhere to the PRINCIPLE JUS SANGUINIS,

Answer 10

which means you follow the
citizenship of your parents. As a general rule, if both of your parents are foreigners, even if you are born
in the Philippines, you are not considered a Filipino citizen.

Question 11

What is Roa Doctrine?

Answer 11

as an exception, this was the time in the history of the
Philippines when we adhere to the principles of jus soli, or you are a citizen of the country where you were born in. Even if your parents are aliens, if you are born in the Philippines, then you are a citizen of
the Philippines. We call this the Roa Doctrine because this was first pronounced by the Supreme Court in
the case of Roa and Insular Collector of Customs.

Question 12

CASE: LOPEZ VS COMELEC

Is Eusebio Eugenio Lopez a Filipino citizen? Explain?

Answer 12

YES , he was able to regain Filipino Citizenship by virtue of the Dual Citizenship Law when he
took his oath of allegiance before the Vice Consul of the Philippine Consulate General’s Office in
Los Angeles, California

Question 13

Is Eusebio Lopez qualified to run for Barangay Chairman? Explain?

Answer 13

NO , he was disqualified from running as barangay Chairman for he was not able to regain his
Filipino citizenship in the manner provided by law. He failed to make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized to administer an
oath.
R.A. No. 9225 expressly provides for the conditions before those who re-acquired Filipino
citizenship may run for a public office in the Philippines.
Section 5 of the said law states:
Section 5. Civil and Political Rights and Liabilities. – Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and the following conditions:
(2) Those seeking elective public office in the Philippines shall meet the qualification for
holding such public office as required by the 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.

Question 14

Three Modes of Naturalization

Answer 14

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 of the
principal Philippine languages;
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 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.

Question 15

Special Qualifications of the Philippines by naturalization:

Answer 15

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.
(1) Having honorably held office under the Government of the Philippines or
under that of any of the provinces, cities, municipalities, or political subdivisions
thereof;
(2) Having established a new industry or introduced a useful invention in the
Philippines;
(3) Being married to a Filipino woman;
(4) 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;
(5) Having been born in the Philippines.

Question 16

Who are Disqualified . — The following can not be naturalized as Philippine citizens:

Answer 16

(a) Persons opposed to organized government or affiliated with any association
or group of persons who uphold and teach doctrines opposing all organized
governments;
(b) Persons defending or teaching the necessity or propriety of violence, personal
assault, or assassination for the success and predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Persons convicted of crimes involving moral turpitude;
(e) Persons suffering from mental alienation or incurable contagious diseases;
(f) Persons 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 United States and the
Philippines are at war, during the period of such war;
(h) Citizens or subjects of a foreign country other than the United States, whose
laws do not grant Filipinos the right to become naturalized citizens or subjects
thereof.

Question 17

When one is naturalized judicially, how does it affect one’s wife and children?

Answer 17

On the Wife
vests citizenship on a wife who might herself be lawfully naturalized; She need not prove her
qualifications but only that she is not disqualified. (Moy Ya Lim Yao v. Comm. of Immigration, 41
SCRA 292).
On the Minor Children
(i) If born in the Philippines – automatically becomes a citizen; If born abroad
If born before the naturalization of the father;
(ia) residing in RP at the time of naturalization – automatically becomes citizen;
(ib) if not residing in RP at the time of naturalization – considered citizen only during
minority, unless begins to reside permanently in the Philippines;
(ii) If born outside the Philippines after parents’ naturalization considered Filipino,
provided registered as such before any Philippines consulate within 1 year after attaining
majority age and takes oath of allegiance.

Question 18

SECTION 16 Right of Widow and Children of Petitioners who have Died.

Answer 18

In case a petitioner should die before the final decision has been rendered, his widow and minor
children may continue the proceedings. The decision rendered in the case shall, so far as the
widow and minor children are concerned, produce the same legal effect as if it had been
rendered during the life of the petitioner.

Question 19

Section 4. Who are disqualified. - The following cannot be naturalized as Philippine citizens:

Answer 19

a. Persons opposed to organized government or affiliated with any association or group
of persons who uphold and teach doctrines opposing all organized governments;
b. Persons defending or teaching the necessity or propriety of violence, personal assault,
or assassination for the success and predominance of their ideas;
c. Polygamists or believers in the practice of polygamy
d. Persons convicted of crimes involving moral turpitude;
e. Persons suffering from mental alienation or incurable contagious diseases;
f. Persons 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 United States 2 and the Philippines are at
war, during the period of such war;
h. Citizens or subjects of a foreign country other than the United States 3 whose laws do
not grant Filipinos the right to become naturalized citizens or subjects thereof.

Question 20

What is ipso facto?

Answer 20

Ipso facto is a Latin phrase, directly translated as “by the fact itself”

Question 21

Is William Chongbian a Filipino citizen?

Answer 21

YES. William’s father, Victoriano was a Filipino national applying the 1935 Constitution. Even if
William would not fall under the purview of the provision (Sec. par, Art. 4, 1935 Consti), William
would fall within the purview of the third paragraph, because his father was already a Filipino.
Two arguments, against Mr. Chongbian’s usage of the Caram Provision, were used in the case.
Respond to the following arguments raised by the respondents.
First argument:Caram provision was only applicable to Fermin Caram to obviate the possibility of a
non-Filipino from signing as a framer of the 1935 Constitution.
It may be said that the members of the Concon could not have dedicated a provision of our
Constitution merely for the benefit of one person without considering that it could also affect
others. When they adopted subsection 2, they permitted, if not willed, that said provision should
function to the full extent of its substance and its terms, not by itself alone, but in conjunction with
all other provisions of that great document. They adopted said provision fully cognizant of the
transmissive essence of citizenship as provided in subsection 3. Had it been their intention to
curtail the transmission of citizenship in such a particular case, they would have so clearly stated.
Second argument: The Caram provision is strictly personal and does not extend to the grantee. The
original draft of subsection 2 contained the phrase– “and their descendants,”– which was deleted from
the final draft, thus showing that his privilege of citizenship was intended to be strictly personal to the one
who had been elected to a public office and did not extend to his descendants.
The mere deletion of the phrase, “and their descendants”- is not determinative of any conclusion.
It could have been done because the learned framers of our Constitution considered it
superfluous, knowing full well that the meaning of such phrase was adequately covered by subsection 3. Deletion in the preliminary drafts of the Convention are, at best, negative guides,
which cannot prevail over the positive provisions of the finally adopted Constitution.

Question 22

Commonwealth Act No. 625

Answer 22

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

Question 23

Commonwealth Act No. 625 Section 1.

Answer 23

The option to elect Philippine citizenship in accordance with subsection (4), section 1,
Article IV, of the Constitution 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.
Make a sworn statement before the authorized officer + oath and file to the nearest registry.

Question 24

Commonwealth Act No. 625 Section 2

Answer 24

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 States authorized to administer oaths,
and he shall forward such statement together with his oath of allegiance, to the Civil Registry of Manila.

Question 25

Commonwealth Act No. 625 Section 3

Answer 25

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

Question 26

Commonwealth Act No. 625 Section 4

Answer 26

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.

Question 27

Commonwealth Act No. 625 Section 5

Answer 27

This Act shall take effect upon its approval.

Question 28

Based on Commonwealth Act No. 625, how must the option to elect PH citizenship in Article 4, Sec 1
(4) of the 1987 Constitution be expressed?

Answer 28

It shall be expressed through a statement to be signed and sworn to by the party concerned
before any officer authorized to administer oaths. The aforesaid statement should be
accompanied with the oath of allegiance to the Constitution and the Government of the
Philippines and shall be filed with the nearest civil registry. However, 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 States authorized to
administer oaths, and he shall forward such statement together with his oath of allegiance, to the
Civil Registry of Manila.

Question 29

Based on jurisprudence, when must the option to elect Philippine citizenship be made? Is there any
exception?

Answer 29

Pursuant to Article 4 Section 1 (4) of the 1935/1987 Constitution,
Those whose mothers are citizens of the Philippines and, upon reaching the
age of majority, elect Philippine citizenship
two (2) conditions must concur in order that the election of Philippine citizenship therein
mentioned may be effective, namely:
(a) the mother of the person making the election must be a citizen of the Philippines;
(b) said election must be made “upon reaching the age of majority”.
It is true that this clause has been construed to mean a reasonable time after reaching the age of
majority.In Cueco v. Secretary of Justice , the latter has ruled that three (3) years is the
reasonable time to elect Philippine citizenship under the constitutional provision “upon reaching
the age of majority”. As an exception to such, the period may be extended under certain
circumstances, as when the person concerned has always considered himself a Filipino.

Question 30

Under the 1973 Constitution, are you considered a natural born Filipino citizen considering the act of
election? Explain.

Answer 30

Under the 1973 Constitution, those born of Filipino fathers and those born of Filipino mothers with
an alien father were placed in equal footing. They were both considered as natural born citizens.
Hence, the bestowment of the status of “natural-born” cannot be made to depend on the fleeting
accident of time or result in two kinds of citizens made up of essentially the same similarly
situated members. It is for this reason that the amendments were enacted, that is, in order to
remedy this accidental anomaly, and, therefore, treat equally all those born before the 1973
Constitution and who elected Philippine citizenship either before or after the effectivity of that
Constitution.