ARTICLE IV – CITIZENSHIP
Citizenship
- a legal relationship between a person and a country
- right to live, work, vote, and pay taxes
Nationality
- country where you came from
Note: A person can be a national of one country and a citizen of another country.
Modes of acquiring citizenship:
1. By Birth
a. Jus Soli – acquisition of citizenship based on place of birth
b. Jus Sanguinis – acquisition of citizenship based on blood relationship
2. Naturalization – the legal act of adopting an alien and clothing him with the privilege of a native-born
citizen.
Note: The Philippines follows (2) and (3)
Who are citizens of the Philippines?
1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
2. Natural born citizens
a. How? Ans. Jus Sanguinis
b. Those whose fathers or mothers are citizens of the Philippines.
c. Legitimate or illegitimate child of natural born Filipino
d. Born in another country but parents are Filipino = Dual Citizenship
3. Citizens through election
a. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority.
Election of citizenship under the 1987 Constitution:
Before the 1973 Constitution, if a Filipina married an alien, she lost her Filipino citizenship. Hence, her child
would have to elect Filipino citizenship upon reaching the age of majority. Under the 1973 Constitution,
however, children born of Filipino mothers were already considered Filipinos. Therefore, the provision on
the election of citizenship under the 1987 Constitution only applies to those persons who were born under
the 1935 Constitution. For the children to elect Filipino citizenship, the mothers must have been Filipinos at
the time of their marriage. So, if your mother was a Filipina who married an alien under the 1935
constitution and you were born before January 17, 1973, you can elect Filipino citizenship upon reaching
the age of majority.
When must the election be made:
The election must be made within a reasonable period after reaching the age of majority.
4. Naturalized citizens
a. Three ways:
i. Direct Naturalization
1. Administrative Naturalization
 Native born aliens who lived in the Ph all their lives and thought they
were Filipinos
 18 years old
 Born and lived in Ph
 Good moral character and must believe in Constitution
 Real estate in Ph worth not less than 5k
 Lucrative trade, profession, and lawful occupation
 Speak and write in any Filipino dialect
 Minor children should be enrolled in schools prescribed by law
2. Judicial Naturalization
 21 years old
 Reside in the Ph for 10 years
 Good moral character and must believe in Constitution
 Real estate in Ph worth not less than 5k
 Lucrative trade, profession, and lawful occupation
 Speak and write in English or Spanish and any one of the Ph
languages
 Minor children should be enrolled in schools prescribed by law
3. Direct Act of the Congress
 Legislative Naturalization
 Applies for aliens who have made outstanding contributions to the
country.
ii.
Derivative Naturalization
1. Wife of Naturalized Husband
2. Alien wife of a natural born citizen
3. Minor children of a naturalized parent
Naturalized citizen can’t do the following
1. Dual Citizenship
2. Running any political positions
Effects of naturalization:
1. The legitimate minor children of the naturalized father become Filipinos as well.
2. The wife also becomes a Filipino citizen, if she does not have any disqualification which would bar
her from being naturalized.
Marriage of Filipino with an alien:
General Rule: The Filipino RETAINS Philippine citizenship
Exception: If, by their act or omission they are deemed, under the law, to have renounced it.
Loss of Citizenship
1. Voluntarily (Expatriation)
a. Naturalization in another country
b. Renunciation of citizenship
i. Voluntarily obtaining a foreign passport
c. Subscribing to an oath of allegiance
2. Involuntarily
a. Cancellation of certificate of naturalization by the court
b. Deserter of Ph armed forces
How may one lose citizenship?
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing oath of allegiance to a foreign Constitution
4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an oath of allegiance and filing the same with the civil
registry.
How may one reacquire citizenship?
1. By the direct act of Congress
2. By naturalization
3. By repatriation
a. Recovery of original citizenship
Dual Citizenship
- a citizen of two countries at the same time
Note: US - Jus Soli; Ph - Jus Sanguinis
Dual Allegiance XXXXXXX
- a person simultaneously owes loyalty to two or more states