CitizenshipMembership in a political community which is personal and more or less permanent in character.

Nationality is membership in an ethnic, social, racial and cultural group, while citizenship is membership in a political society.

Citizens under the 1935 Constitution(Sec. 1, Article IV)

1. Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

2. Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

3. Those whose fathers are citizens of the Philippines. 4. Those whose mothers are citizens of the Philippines and,

upon reaching the age of majority, elect Philippine citizenship.

5. Those who are naturalized in accordance with law.

Filipino Citizens (under Par. 1, Sec. 1, Art. IV, 1935 Constitution a) Persons born in the Philippines who resided therein on April

11, 1899, and were Spanish subjects on that date, unless they had lost their citizenship on or before the adoption of the Philippine Constitution on May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916);

b) Natives of Peninsular Spain who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and October 11, 1900, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916);

c) Spanish subjects who resided in the Philippines on April 11, 1899, and who did not declare their intention of preserving their Spanish nationality between that date and October 11, 1900, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916);

d) Children born of (a), (b), and (c) subsequent to April 11, 1899, unless they had lost their citizenship by May 14, 1935 (Phil. Bill of 1902 and Jones Law of 1916);

e) Persons who became naturalized citizens of the Philippines in accordance with the formal procedure set for in the Naturalization Law since its enactment on March 1920 (Act No. 2927), unless they had lost their citizenship by May 14, 1935.

f) Children of persons embraced under (e), unless they had lost their citizenship by May 14, 1935.

g) Filipino women who, after having lost Philippine citizenship by marriage to foreigners, had subsequently become widows and regained Philippine citizenship on or before May 14, 1935.

h) Children of (g), above, who were still under 21 years of age at the time their mothers regained Philippine citizenship.

i) Foreign women who married Filipino citizens on or before May 14, 1935, provided that they themselves could be lawfully naturalized, provided further that they had not lost Philippine citizenship by May 14, 1935 and provided finally that their Filipino citizenship had been so declared by judgment of a court of justice in the proper naturalization or citizenship proceedings.

j) All other persons born in the Philippines who, on the strength of the erroneous recognition of the “jus soli “ doctrine, were mistakenly declared by the courts to be Filipino citizens, unless they had lost their citizenship by

May 14, 1935.

Comparison1935 Constitution 1973 & 1987 Constitutions

1. Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

2. Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

3. Those whose fathers are citizens of the Philippines.

4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

5. Those who are naturalized in accordance with law.

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 elect Philippine citizenship pursuant to the provisions of the Constitution of 1935. (Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority)

4. Those who are naturalized in accordance with law.

Provisions on Marriageunder the 1973 and 1987 Constitution

1973 1987

Section 2, Article III: A female citizen of the Philippines who marries an alien shall retain her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.

Section 4, Article IV: 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.

Natural-born Citizen

1973 1987

Sec. 4, Art. III:

A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.

Sec. 2, Art. IV:

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.

Kinds of Citizens under the 1987 Constitution Natural-Born Citizens Naturalized Citizens

Modes of Acquiring Philippine Citizenship1. BY BIRTH

Jus sanguinis – citizenship by blood Jus soli – citizenship by place of birth

2. BY NATURALIZATION – The act of formally adopting a foreigner into the political body of a nation by clothing him or her with privileges of a citizen.

Naturalization under Philippine Law

1. Judicial Naturalization(Commonwealth Act No. 473, as amended by Republic

Act No. 530)

2. Administrative Naturalization(Administrative Naturalization under Republic Act No.

9139)

3. Legislative Naturalization by Congressional Act.

C.A. 473, as amended by R.A. 530QUALIFICATIONS OF THE APPLICANT:

a) not less than 21 years of age on the date of the hearing of the petition;

b) resided in the Philippines for a continuous period of not less than 10 years.

It may be reduced to 5 years if: a. he honorably held office in Government; b. established a new industry or introduced a useful

invention in the Philippines; c. married to a Filipino woman; d. been engaged as a teacher in the Philippines (in a

public or private school not established for the exclusive instruction of

e. born in the Philippines. f. persons of a particular nationality or race) or in any

of the branches of education or industry for a period of 2 years; and

c) good moral character; believes in the principles underlying the Philippine Constitution; must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relations with the constituted government as well as the community in which he is living;

d) own real estate in the Philippines worth not less than P5,000.00, or, must have some known lucrative trade, profession or lawful occupation;

e) speak and write English or Spanish and any of the principal Philippine languages;

f) Enrolled his minor children of school age in any of the public or private schools recognized by the Government where Philippine history, government and civics are taught as part of the school curriculum, during the entire period of residence in the Philippines required of him prior to the hearing of his petition for naturalization.

DISQUALIFICATIONS:Those who are …

a) Those who are opposed to organized government affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

b) Defending or teaching the success or predominance of their ideas;

c) Polygamists or believers in polygamy;

d) Convicted of a crime involving moral turpitude;

e) Suffering from mental alienation or incurable contagious disease;

f) 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;

g) Citizens or subjects of nations with whom the Philippines is at war, during the period of such war;

h) Citizens or subject of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

Procedure (C.A. 473) 1) Filing with Office of the Solicitor General of a declaration

of intention to become a Filipino citizen, at least 1 year prior to the filing of the petition in the proper court, except:

a. Those 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;

b. Those who resided in the Philippines for 30 years or more before the 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; and

c. Widow and minor children of an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized.

2) Filing of the petition with the appropriate Regional Trial Court, together with the affidavits of 2 credible, citizens of the Philippines, who personally know the petitioner (as character witnesses).

3) Publication of the petition in the Official Gazette and in a newspaper of general circulation in the province where the applicant resides, once a week for 3 consecutive weeks.

4) Hearing of the petition

5) If the petition is approved, there will be a rehearing two years after the promulgation of the judgment to establish the following:

d. applicant has not left the Philippines;e. dedicated himself continuously to a lawful calling or

profession;f. not been convicted of any offense or violation of

rules; andg. not committed an act prejudicial to the interest of

the nation or contrary to any Government- announced policies

6) Oath-taking and issuance of the Certificate of Naturalization

Effects of Naturalization (C.A. 473) On the wife:

- vests citizenship on the wife provided that she is not disqualified to be a citizen of the Philippines under Section 4 of C.A. 473. It is not anymore necessary for an alien woman to institute naturalization proceedings. All she has to do is to file before the Bureau of Immigration and Deportation a petition for the cancellation of her Alien Certificate of Registration. (Moy Ya Lim Yao vs. Commissioner of Immigration, G.R. No. L-21289)

On Minor Children

A) If born BEFORE naturalization:

1) If born in the Philippines – is a Filipino

2) If born outside the Philippines

2.01. If dwelling in the Philippines at the time of the parent’s naturalization – is a Filipino

2.02. If dwelling outside the Philippines at the time of parent’s naturalization – is a Filipino only during his minority unless he permanently resides in the Philippines when still a minor, in which case he will continue to be a Philippine citizen even after becoming of age

B) If born AFTER naturalization:

1) If born in the Philippines – is a Filipino

2) If born outside the Philippines – shall be considered a Philippine citizen, unless within one year after reaching the age of majority he fails to register himself as a Philippine citizen at the Philippine consulate of the country where he resides and to take the necessary oath of allegiance.

Cancellation of Naturalization(C.A. 473)a. If it is shown that said naturalization certificate was

obtained fraudulently;b. If, within 5 years, he returns to his native country or to

some foreign country and establishes residence there; provided, that 1-year stay in the native country, or 2-year stay in a foreign country shall be prima facie evidence of intent to take up residence in the same;

c. Petition was made on an invalid declaration of intention;d. Minor children failed to graduate through the fault of the

parents, either by neglecting to support them or by transferring them to another school;

e. Petitioner allowed himself to be used as dummy.

Who may institute denaturalization proceedings:

Section 18, C.A. No. 473

Upon motion made in the proper proceedings by the Solicitor General or his representative, or by the proper Provincial Fiscal, the competent judge may cancel the naturalization certificate.

Effect of Denaturalization

If the ground of the denaturalization affects the intrinsic validity of proceedings, the denaturalization shall divest the wife and children of their derivative naturalization.

If the ground was personal to the denaturalized Filipino, his wife and children shall retain their Philippine Citizenship.

Administrative Naturalization(R.A. 9139)QUALIFICATIONS:Applicant must be:

1. Born in the Philippines and residing therein since birth;2. Not be less than 18 years of age at the time of filing his/her

petition;3. Be of good moral character and believes in the underlying

principles of the Constitution and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines and in his relations with the duly constituted government as well as with the community in which he/she is living;

4. Have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrolment is not limited to any race or nationality, provided that should he/she have minor children of school age, he/she must have enrolled them in similar schools;

5. Have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and that of his/her family; provided that this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;

6. Be able to read, write and speak Filipino or any of the dialects of the Philippines; and

7. Have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and traditions and ideals of the Filipino people.

R.A. No. 9139DISQUALIFICATIONS

– same as those provided in C.A. 473-

R.A. No. 9139PROCEDURE:

1) Filing of the petition with the Special Committee on Naturalization;

2) Publication of the pertinent portions of the petition once a week for three consecutive weeks in a newspaper of general circulation and posting of the petition in any public or conspicuous area, and furnishing copies thereof to the Department of Foreign Affairs, Bureau of Immigration and Deportation, Civil Registrar of petitioner’s place of residence, and the National Bureau of Investigation, which shall post copies of such petition in any public or conspicuous place in their buildings or offices;

3) Within 30 days from receipt of their copies of the petition, the DFA, BID, LCR, and NBI will submit to the Special Committee on Naturalization a report stating whether or not

petitioner has any derogatory record on file, or any such relevant and material information which might be adverse to petitioner’s application for citizenship. If there is any adverse report, the Committee shall allow the petitioner to answer, explain, or refute the same;

4) The committee shall then approve or deny the petition;5) If petition is granted, the petitioner shall take an oath after

30 days from approval and after payment of P100,000.00

Effects of R.A. No. 9139 1. Wife and minor children of the applicant may file a petition

for cancellation of their alien certificates of registration with the Special Committee on Naturalization.

2. But if the applicant is a married woman, the approval of the petition shall not benefit her alien husband, although her minor children may avail of the right to seek cancellation of their alien certificate of registration.

Cancellation of Administrative NaturalizationThe Special Committee on Naturalization may cancel certificates of naturalization on any or all of the grounds:

1) If the naturalized person or his duly authorized representative made any false statement or misrepresentation or committed any violation of law, rules and regulations in connection with the petition, of if he obtains Philippine citizenship fraudulently or illegally;

2) If, within five years, he shall establish permanent residence in a foreign country, provided that remaining for more than 1 year in his country of origin or 2 years in any foreign country shall be prima facie evidence of intent to permanently reside therein;

3) If he allowed himself or wife or child with acquired citizenship to be used as dummy;

4) If he, his, wife or child with acquired citizenship commits any act inimical to national security.

Loss of Philippine Citizenship(C.A. No. 63)a) By naturalization in a foreign country

Modified by R.A. 9225 (Citizenship Retention and Re-acquisition Act; Sept. 17, 2003)

b) By express renunciation of citizenship

c) By subscribing to an oath of allegiance to support the Constitution of a foreign country upon attaining 21 years of age; provided, however, that a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country. Modified by R.A. 9225

d) By rendering service to or accepting commission in the armed forces of a foreign country; provided, that the rendering of service to, or acceptance of such commission in, the armed forces of a foreign country and the taking of oath of allegiance incident thereto, with consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:

1) The Philippines has a defensive and/or offensive pact of alliance with the said foreign country;

2) The said foreign country maintains armed forces in Philippine territory with the consent of the Republic

of the Philippines.

e) By cancellation of the certificate of naturalization;f) By having been declared by competent authority a deserter

of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted.

Reacquisition of Philippine Citizenship1) Under R.A. 9225 – by taking the oath of allegiance

required of the former natural-born Filipinos;2) By naturalization3) By repatriation

R.A. 965 – for those who rendered service to, or accepting commission in, the armed forces of an allied foreign country during the war.

R.A. 2630 – for persons who lost citizenship by rendering service to, or accepting commission, in the armed forces of the United States.

P.D. 725 - for Filipino women who lost citizenship by marriage and for natural-born Filipinos.

R.A. 8171 - For Filipino women who lost their citizenship by reason of marriage to aliens and for former natural-born who lost Filipino citizenship on account of political or economic necessity.

4) By direct act of Congress

Dual Citizenship/AllegianceSection 5, Article IV, 1987 Constitution

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

1935 ConstitutionThe Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

1973 ConstitutionThe national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic right or legal title, including the territorial sea, the airspace, the subsoil, the seabed, the insular shelves and the other submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between and connecting the islands of the archipelago, irrespective or their breadth and dimensions, form part of the internal waters of the Philippines.

1987 Constitution

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

RA 5446 (1968 Baseline Law)The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, over which the Philippines has acquired dominion and sovereignty.

Old Philippine Baseline LawRepublic Act No. 3046, “An Act to Define the Baselines of the Territorial Sea of the Philippines” (17 June 1961), as amended by Republic Act No. 5446, “An Act to Define the Baselines of the Territorial Sea of the Philippines” (18 September 1968)

All the waters around, between and connecting the various islands of the Philippine archipelago, irrespective of their width or dimension [are] necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines.

In addition, “all the waters beyond the outermost islands of the archipelago, but within the limits of the Treaty of Paris comprise the territorial sea of the Philippines”.

Finally, this statute indicates that the baselines will consist of straight lines joining appropriate points of the outermost islands of the archipelago.

Other Relevant Marcos Issuances Presidential Proclamation No. 370, declaring as subject to

the jurisdiction and control of the Republic of the Philippines all mineral and other natural resources in the continental shelf. (March 20, 1968)

Presidential Decree No. 1599, establishing an Exclusive Economic Zone and for other purposes. (June 11, 1978)

Kalayaan Islands GroupPresidential Decree No. 1596, declaring certain part of the Philippine territoryand providing for their government and administration. (June 11, 1978)

Whereas, by reason of their proximity the cluster of islands and islets in the South China Sea situated within the following: Kalayaan Island Groups are vital to the security and economic survival of the Philippines;

Whereas, much of the above area is part of the continental margin of the Philippine archipelago;

Whereas, these areas do not legally belong to any state or nation but, by reason of history, indispensable need, and effective occupation and control established in accordance with the international law, such areas must now deemed to belong and subject to the sovereignty of the Philippines;

Whereas, while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable grounds.

RA 9522 (2008 Baseline Law) Identical baseline with 1961 Baseline Law (RA 5446)

The Kalayaan Island Group declared as belonging and subject to the sovereignty of the Philippines under Presidential Decree No. 1596, and the Scarborough Shoal, over which the Philippines exercises sovereignty and jurisdiction, shall be considered as “regime of islands” of the Republic of the Philippines under Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS).

This act shall be without prejudice to Philippine dominion and sovereignty over all portions of the national territory as defined under Article 1 of the Constitution of the Republic of the Philippines and by applicable law.

UNCLOS Ratified by the Philippines in August 1983

An archipelagic state may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago. (Art. 47, Sec. 1, UNCLOS)

The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. (Art. 47, Sec. 3, UNCLOS)

The waters within the baselines shall be considered internal waters;

Territorial waters – 12 nautical miles from the baselines;

Contiguous Zone – 24 nautical miles from the baselines;

Exclusive Economic Zone -- 200 nautical miles from the baselines.

Magallona vs. ErmitaG.R. No. 187167, July 16, 2011

UNCLOS III and its ancillary baselines laws play no role in the acquisition, enlargement or, as petitioners claim, diminution of territory. Under traditional international law typology, States acquire territory through occupation, accretion, cession and prescription, not by executing multilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treaty’s terms to delimit maritime zones and continental shelves. Territorial claims to land features are outside UNCLOS III, and are instead governed by the rules on general international law.

UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a multilateral treaty regulating, among others, sea-use rights over maritime zones.