Article IV:

Citizenships
 What is
Citizenships?
 Citizenship
◦ Is memberships in a political community, and carries
with it duties, rights and privileges to political
participation.
◦ a term denoting membership in a political
community with full civil and political privilege and
this membership imply, reciprocally a duty of
allegiance on the part of the member and duty of
protection on the part of the state.
◦ This legal relationship involves rights and obligations
on the part of both the individual and the state
itself.
 Citizens
- A person having the title of citizenships.
He is a member of democratic community who
enjoys full civil and political rights and is
accorded protection inside and outside the
territory of the State.
 Nationality
- As defined by Collins English Dictionary is a
body of people sharing common descent,
history, languages, etc.
 What is the
distinction between
Citizenships and
Nationality?
1. Citizenship is membership in a democratic or
political community, whereas nationality is
membership in any political community
whether monarchial, autocratic or
democratic;
2. Citizenship follows the exercise of civil and
political rights whereas nationality does not
necessarily carry with it the exercise of
political rights;
3. A person can be a citizen of one country and
a national of another.
 How is the term National
distingushed from
Nationality?
- National is defined as a person who owes
allegiance to and is entitled to the protection of a given
state, regardless of the status under domestic law.
- Nationality is often times use synonymously with
Citizenships. They are exactly the same thing for the first
has a broader meaning that the second. All persons are
nationals, but not all citizens of the state. Citizenships
implies complete possession of civil and political rights in
a body politics whereas the nationality does not
necessarily center these rights.
What is an alien?
- an alien is a citizen of a country who
residing in or passing through another country.
He is particularly called “foreigner”. He is not
given the full rights of citizenship but is entitled
to receive protection as to his person and
property.
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 citizens
upon reaching the age of majority.
4. Those who are naturalized in accordance
with law.
Modes of Acquiring Citizenships
1. By Birth
2. By Naturalization
3.By Marriage
4. By Repatriation
By Birth
1. Jus Sanguinis (Latin for “Right of
Blood”)- blood relationship is the basis of one’s
citizenships. Children follow the citizenship of
their parents.
2. Jus Soli or Birthright
Citizenship(Latin for “right of soil or right
of territory”) - place of birth is the basis of
one’s citizenship.
By Naturalization
◦ Naturalization is a mode for both acquisition
and reacquisition of citizenship;
Commonwealth Act No.473, as amended,
governs it. Under this law a former Filipino
citizen who wishes a reacquire Philippine
citizenship must posess certain qualifications
and none of disqualifications.
By Marriage
- through marriage which result in the
acquisition by the wife of the citizenships
of the husband in case of difference in
citizenship of the parties, except where the
wife is barred from acquiring the
citizenship of the husband by the law of
nation of the latter.
By Repatriation
It maybe made by those who lost their
citizenship due to:
1. Desertion to armed forces.
2. Service in the armed forces of the allied forces
in the World War II.
3. Service in the armed forces of the United States
at any other time.
4. Political and economic necessity, and
5. Marriage of a Filipino woman to an alien.
Interpretation of Jus
Soli Principle in the
Philippines
According to JOAQUIN BERNAS, if a child is
born under the 1973 Constitution or 1987 and either
his mother or father is a filipino citizen at the time the
child is born, the child is a Filipino no matter “where”
he may be born.
Who are Citizens of the
Philippines?
A.Those who are citizens of the Philippines
at the time of the adoption of this (1987)
Constitution, which refers to the following:
1. Article III Section 1 of the 1973 Constitution,
which read:
Section 1. The following are the citizens of the
Philippines:
a. Those who are citizens of the Philippines at the
time of the adoption of this (1973) Constitution.”
 Article III Section 1 of the 1973 Constitution in
turn referred to those who are citizens under
Article IV of the 1935 Constitution, which
contained the following provisions on citizenship:
Section 1.The following citizens of the Philippines:
a. Those who are citizens of the Philippine Islands at the
time of adoption of this (1935) Constitution.
b. Those born in the Philippine Islands of foreign parents
who, before adoption of this constitution had been elected
to public office in the Philippine Islands;
c. Those whose fathers are citizens of the Philippines;
d. Those whose mothers are citizens of the Philippines and
upon reaching the age of majority, elect Philippine
citizenship.
e. Those who are naturalized in accordance with law.
B.Those whose fathers or mothers are
citizens of the Philippines.
 The 1935 Constitution adopted the principle of jus
sanguinis as an absolute rule. The child of a Filipino
father whether born in the Philippines or abroad
was a Filipino citizen from the moment of birth.

 The 1973 Constitution preserved the principle of

jus sanguinis and expanded its application by
placing the Filipino woman on the same level as the
male in matters of citizenship. Those, whose
mothers are citizens of the Philippines, even if the
father is an alien, are Filipino citizens. To become
under this expanded rule, it is essential that the
mother “must be a Filipina at the time of the birth”
of the child.
C.Those born before January 17,1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority.
Procedure for Election
Election is expressed in a statement to be
signed and sworn to by the party concerned
before any official authorized to administer
oaths. Statement to be filed with the nearest
Civil Registry. The statement to be accompanied
with the oath of allegiance to the constitution
and the government of the Philippines.
When to Elect?
Within 3 years from reaching the age of
majority except when there is a justifiable reason for
the delay. The Supreme Court cited with approval
with the ruling of the Secretary of Justice to the
effect that three years is reasonable period within
which the child must make the election. After such
period, the right is lost. However, justifiable
circumstances such as when the person concerned
has always considered himself a Filipino citizen, may
justify the extension of the three-year period.
(Cuenco vs Secretary of Justice 5 SCRA 110)
D. Those who are naturalized in
accordance with law.

Naturalization is a legal act of adopting

an alien and clothing him with the rights that
belong to a natural born citizen. It implies the
renunciation of the former nationality and the
fact of entrance to a similar relation towards a
new body politic.
Modes of Naturalization
1. Direct
a. Individual through judicial proceeding
Following the process required in the
existing Revised Naturalization Law
Commonwealth Act No. 473
b. Special Act of Legislative or by the
President in the exercise of special legislative
power granted by the Constitution.
Discretionary on the legislature, often in favor of
distinguished foreigners who have rendered
some notable services to the locate state.
c. Collective Change of Nationality, as a
result of cession or subjugation (naturalization
en masse)
d. Adoption of orphan minors as nationals of the
state where they are born.
2. Derivative
- Wife of naturalized husband.
- Minor children of naturalized
person.
- Alien woman upon marriage to a
national.
Qualifications for Naturalization
1. Not less than 21 years of age on the date of the
hearing of the petition.
2. Resided in the Philippines for a continuous
period of not less than 10 years, may be reduced
to 5 years if:
- Honorably held office in government.
- Established a new industry or introduced a useful
invention n the Philippines.
- Marriaged to a Filipino woman.
- Engaged as a teacher in the Philippines or in any
of the branches of education or industry for a
period of not less than 2 years.
3. Good moral character, believes in the
principles underlying the Philippine constitution.
4. Own real estate in the Philippines worth not
less than P5,000.00 or must have some known
lucrative trade, profession or lawful occupation.
5. Speak and write English or Spanish and any of
the principal Philippine languages.
6. Enrolled his minor children of school age in
any of the public or private schools recognized
by the government.
Disqualifications for
Naturalization
1. Opposed to organized government or affiliated
with the association or group of persons who
uphold and teach doctrines opposing all
organized government.
2. Defending or teaching the necessity or propriety
of violence, personal assault or association for
the success or predominance of their ideas.
3. Polygamists or believers of polygamy.
4. Convicted of a crime involving moral turpitude.
5. Suffering from mental alienation or incurable
contagious disease.
6. 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.
7. Citizens or subjects of nations with whom the
Philippines is at war, during the period of such
war.
8. Citizens or subjects of a foreign country
whose laws do not grant Filipinos the right to
become naturalized citizens or subjects thereof.
 Procedure for Naturalization
1. Filing of declaration of intention one year to the filing of
the petition with the Office of the Solicitor General.
The Following are exempted from the filing of declaration
of intention:
- Born in the Philippines and have received their primary
and secondary education in public or private schools
recognized by the Government and not limited to any
race or nationality.
- Resided in the Philippines for 30 years or more before
filing of the petition and enrolled his children in
elementary and high schools recognized by the
Government and not limited to any race or nationality.
- Widow and minor children of an alien who has declared
his intention to become a citizen in the Philippines and
dies before he is actually naturalized.
2. Filing of the petition, accompanied by the affidavit of
two credible persons, citizens of the Philippines, who
personally know the petitioner as character witness,
with the regional Trial Court of the province or city
where petitioner has resided for at least one year.
3. Publication of the petition in the Official Gazette of
Newspaper of General Circulation once a week for 3
consecutive weeks by the clerk of court.
4. Actual residence in the Phillippines during the entire
proceedings.
5. Hearing of the petition at least 6 months after the
last publication but in no case within 30 days before any
election.
6. Promulgation of the decision.
7. Hearing after 2 years probation period.
During the Probation period the applicant has:
- Not left the Philippines.
- Dedicated himself constinuosly to a lawful calling
or profession.
- Not been convicted of any offense or violation of
rules.
- Not committed an act prejudicial to the interest
of the nation or contrary to any government
announced policies.
8. Oath taking and issuance of the Certificate of
Naturalization.
 Effects of Naturalization
1. Vest citizenship on wife if she herself may be lawfully
naturalized.
2. Minor children born in the Philippines before the
naturalization shall be considered citizens of the
Philippines.
3. Minor child born outside the Philippines who was
residing in the Philippines at the time of naturalization
shall be considered a Filipino citizens.
4. Minor child born outside the Philippines before
parents naturalization shall be considered Filipino
citizens only during minority unless he begins to reside
permanently in the Philippines.
5. Child born outside the Philippines after parents.
Reacquisition of Citizenship
1. By naturalization provided that the applicant
possesses none of the disqualifications
prescribed for naturalization.
2. By repatriation of deserters of the Army, Navy
or Air Corps.
3. By direct Act of Congress.
Section 4. 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.

Section 5. Dual Allegiance of Citizens is inimal to

the national interest and shall be dealt with by
law.
 Dimaano, Liezel (hand-outs & powerpoint
presentation)