Citizenship

Article IV

The following are citizens of the Philippines:Those who are citizens of the Philippines at the time of the adoption of this Constitution;Those whose fathers or mothers are citizens of the Philippines;Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; andThose who are naturalized in the accordance with law.

CitizenAn individual having the title of citizenshipEnjoys full civil and political privileges

CitizenshipConnotes membership in a political societyImplies a duty of allegiance on the part of the memberDuty of protection on the part of the State

Nationals/NationalityOwes allegiance to the StateNot necessarily a citizenE.g. Filipinos during American occupationAmerican nationals but not American citizensNot all nationals are citizens of a State, but all citizens of a State are its nationals

AliensForeignersNot given full rights to citizenship but should be protected by the State as a person and his property

Those who are citizens of the Philippines at the time of the adoption of this ConstitutionFilipino citizens beginning February 2, 1987

InvoluntaryBy birthBecause of blood relationship or place of birthNo need to do anything

VoluntaryBy naturalizationApplication

Jus SanguinisBlood relationshipFollows the citizenship of the parents or one of themAdopted in the Philippines

Jus SoliPlace of birthBecomes a citizen of the state where he is bornRegardless of the citizenship of the parentsAdopted by the United States

Mother is a Philippine citizen, while the father is an American citizen. The mother gave birth while they are having a tour at the United States?

What is the citizenship of the child?Filipino Jus SanguinisAmerican Jus Soli

Dual Citizenship

Those whose fathers or mothers are citizens of the PhilippinesJus SanguinisAs long as one of the parents is a Filipino citizenRegardless where the child was born

Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority

Citizens through election under the 1935 Constitution

Mother Filipino (Married) Father AlienSon is AlienRemains alien throughout his age of minorityUnless elects Philippine citizenship

Mother - Filipino (Not Married), Father AlienSon is Alien

If one of the parents is alien, child obtains alien citizenship

Those who are naturalized in the accordance with lawThose who are not Filipino at birthAcquired citizenship by naturalization

NaturalizationAct of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenshipRenunciation of previous nationality

Judgement of the CourtApplication for naturalization (RTC)Must have all qualifications and none of the disqualificationsRevised Naturalization Act

Act of CongressLaw making body passes a law conferring citizenship to a foreigner

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Natural-born CitizensFilipinos at birthDo not have to perform any act to acquire citizenship

ExampleJohnny Dela Cruz migrated to the US when he was 21 and elected to renounce his Philippine citizenship and embrace American citizenship. However, on his retirement, he decided to retire in the Philippines, thus he decided to reacquire his Philippine citizenship. Can he be considered a natural-born Philippine citizen?

Citizens at the time of adoption of the new ConstitutionPhilippine citizen under the 1973 constitution or on January 17, 1973

Citizen through election (1935 Constitution)Born before Jan.17, 1973, upon reaching age of majority elected Philippine citizenship even after the ratification of the 1973 constitution

Naturalized Citizen

Philippine citizenship may be lost or reacquired in the manner provided by law.

VoluntaryNaturalization in a foreign countryExpatriation - Renunciation of citizenshipTaking an oath of allegiance to a foreign countryRendering services to the Armed Forces of a foreign country

InvoluntaryCancellation of certificate of naturalizationpunishmentDeserter in the Armed Forces of the Philippines in time of war

Naturalization

Act of Congress

RepatriationMarrying members of Armed Forces of a foreign countryTermination of Marital StatusOath of Allegiance to the PhilippinesRegistering in the Civil Registry

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.

MarriageBinding contract / MutualCitizenship of the husband/wife is also absorbed by their partner

A Philippine citizen woman married a Singaporean businessman. What is now the citizenship of the woman?Philippine Citizen and that of her husbandDual Citizenship

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Continued allegiance of naturalized nationals to their mother country

Dual citizenship is different from Dual AllegianceDual citizenship is acceptedDual allegiance is illegalInimical to national interestCant serve two masters at the same timeIn times of war, you were called on by the Philippine government to render service