POLITICAL LAW > Citizenship > Naturalization and Denaturalization

A filed a Petition for Naturalization. He alleged that he was born in Manila to Chinese citizens on March
4, 1958 and is registered resident alien possessing an Alien Certificat of Registration and a Native-Born
Certificate of Residence from the Bureau of Immigration; he has been continuously and permanently
residing in the Philippines from birth up to the present and can speak and write in Tagalog, English,
Cebuano, and Amoy; he took his elementary and high school studies in Manila and finished college in
AteneoUniversity; he married a Chinese citizen and has four children; and that he has been a
businessman since 1989. He’s petition was denied based on the allegation that he did not prove that he is
a businessman earning an average income of Php 150,000.00 since 1989. His income tax returns belie
the value of his income. Moreover, he failed to present evidence on the nature of his profession or trade,
which is the source of his business. Is the basis for non-approval valid?

Ans:

Yes. The qualification of "some known lucrative trade, profession, or lawful occupation" means "not only
that the person having the employment gets enough for his ordinary necessities in life. It must be shown
that the employment gives one an income such that there is an appreciable margin of his income over his
expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or
disability to work and thus avoid one’s becoming the object of charity or a public charge." His income
should permit "him and the members of his family to live with reasonable comfort, in accordance with the
prevailing standard of living, and consistently with the demands of human dignity, at this stage of our
civilization. (Republic of the Philippines v. Ong, 2012)

POLITICAL LAW > Citizenship > Naturalization and Denaturalization

What is Derivative naturalization>

Ans:

Derivative Naturalization, which is available to alien women married to Filipino husbands is found under
Section 15 of C.A. No. 473. 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. The main objective of extending the citizenship privilege to an alien wife is to
maintain unity of allegiance among family members. (Republic of the Philippines v. Batuigas, 2013)

POLITICAL LAW > Citizenship>Who are Filipino citizens

POLITICAL LAW > Citizenship > Loss and Re-acquisition of Philippine Citizenship

Are foundlings natural-born citizens?

Ans:

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, 2016)