CITIZENSHIP I. Modes of acquiring citizenship a. jus Sanguinis b. jus soli c. naturalization

1935 Constitution 1973 Constitution 1987 Constitution

Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1

1935 Constitution 1973 Constitution 1987 Constitution Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1

Sec. 1. The following are citizens of the Philippines: (1) Those who are citizens of the Phil. Islands at the time of the adoption of this constitution.(2) Those born in the Philippines Islands of foreign parents who, before adoption of this Constitution, had been elected to public office in the Philippines Islands.(3) Those whose fathers are citizens of the Philippines;

Sec. 1 The following are citizens of the Philippines:(1) Those who are citizens of the Phil. Islands at the time of the adoption of this constitution.(2) Those whose fathers or mothers are citizens of the Philippines.(3) Those who elect Philippines citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.

Sec. 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 who are born before January 17, 1973, of Filipino Mothers, who elect Philippine citizenship upon reaching the age of majority; and

1935 Constitution 1973 Constitution 1987 Constitution Art. 4 Sec. 1 Art. 4 Sec. 1 Art. 4 Sec. 1

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippines citizenship;(5) Those who are naturalized in accordance with law.

(4) Those who are naturalized in accordance with law.

(4) Those who are naturalized in accordance with law.

THOSE WHO ARE CITIZEN OF THE PHIL. AT THE TIME OF THE ADOPTION OF THIS (1987) CONSTITUTION.

a) Re: 1935 Constitution1. Sec. 4 Phil. Bill of 19022. Sec. 2 Jones law of 1916 (including children born after April 11, 1899) All inhabitants of the islands who were

Spanish subjects on April 11, 1899, and residing in the islands who did not declare their intention of preserving Spanish Nationality between said date and Oct. 11, 1900 were declared citizen of the Phil. and their children born after April 11, 1899.

Valles v. Comelec FR No. 137000 August 9, 2000: Rosalind Ybasco Lopez was born in

Australia to parents Telesforo Ybasco, Filipino, and Therese Marquez, Australian, on May 19, 1934, before the 1935 Constitution took effect, was a Filipino Citizen. Under these organic acts, inhabitants of the Island who were Spanish subject nationality between April 11, 1899 to October 11, 1900 including their children were deemed citizens of the Phil. Rosalind’s father was a Filipino and Rosalind followed her father’s citizenship.

2. Act no. 2927 (march 26, 1920), then CA 437,on NATURALIZATION (including children below 21 and residing in the Phil. at the of naturalization, as well as children born subsequent to naturalization)

3. Foreign women married to Filipino citizen before or after November 30, 1938 (affectivity of CA 437) who might themselves be lawfully naturalized (in view of the SC interpretation of sec. 15 CA 437, in Moy Ya Lim Yao v. Commission of Immigration, 41 SCRA 292.

4. Those benefited by the Roa doctrine applying the jus soli principle by reason of Res Judicata but not because of Jus Soli Doctrine Roa v. Collector of Customs 25 Phil. 315 Teotimo Rodriguez Tio Tiam v. Republic 101 Phil. 195

5. Caram provision: those born in the Phil. of Foreign parents who, before the adoption of their (1935) Constitution had been elected to public office in the islands. In Chiongbian v. de Leon, the Supreme Court held the right acquired by the virtue of their provision transmissible.

6. Those who elected phil. citizenship.

b) re: 1973 Constitution

1. Those whose mothers are citizen of the Phil. Provision is prospective in application to benefit only those born on or after Jan. 17, 1973.

2. Those whose fathers or mothers are citizens of the Phil.has prospective application.

It is essential that the mother must be a Filipina a the time of birth of the child.

The expanded rule is not retroactive. Applies only to natural filiation and not

filiation by adoption.

Only legitimate children follow the citizenship of the father. And that illegitimate children are under the parental authority of the mother and follow her nationality, not that of the illegitimate father (Board of Immigration v. Gallavo 25 SCRA 890, 1968)

An illegitimate child of a Filipino father and an alien mother is Filipino, if paternity is clear. Jus Sanguinis makes no distinction between legitimate and illegitimate children. (Fernando Poe Jr. case: Tecson v. Comelec GR No. 161434 March 3, 2004)

Thus, may result to dual citizenship. Allowed the Filipina who marries an alien to

retain her original citizenship. The child follows the citizenship of her mother and does not require to elect citizenship.

3. Those born before Jan. 17, 1973 of Filipino mothers, who elect Phil. citizenship upon reaching the age of majority.

Citizens by election:A. Commonwealth Act No. 625 enacted

on June 7, 1941: a. election must be expressed in a

statement sworn before any officer to administer oaths

b. Filed with the nearest civil registry and accompanied by an oath of allegiance to the Phil. Constitution.

Citizens by election:B. Dy Cuenco v. Secretary of Justice 5

SCRA 108 (1962) 3 years is the reasonalbe period within which the child must make the election. After such period, the right is lost.

C. Co v. Electorial Tribunal of the House of Representatives GR No. 92191-92, July 30, 1991.Jose Co, born of Chinese national, married a Filipina in 1932. in 1955, when their son Jose, Jr. was 9 years old, was naturalized and took his oath of allegiance.

In 1987 Jose Jr. got elected to the House of Representatives. His citizenship was questioned foe having not elected Phil. citizenship

SC: It would be ridiculous to require him to elect Phil. citizenship when by the naturalization of his father he too had become a Filipino citizen even while still a minor.

(Procedure for election: CA 625) Opinion, Sec. of Justice, s. 1948: within 3

years from reaching the age of majority. Cuenco v. Secretary of Justice, 5 SCRA

110: there was reason for the delay of election.

In Re: Florencio Mallari, 59 SCRA 45: doctrine of implied election.

Co v. HRET 199 SCRA 692: the exercise of the right of suffrage and participation in election exercise constitute a positive act of election of Phil. citizenship.

Cu v. Republic 89 Phil. 437: 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 Phil. citizenship.

Villahermosa v. Commissioner of Immigration, 80 Phil. 541. The right to elect Phil. citizenship is an inchoate right, during his minority, the child is an alien.

Serra v. Republic, 91 Phil. 914: if the child is illegitimate, he follows the status and citizenship of his only known parents, the Mother.

4. Those who are naturalized in accordance with law.