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Not all the laws of Spain on citizenship were made applicable to the Philippines. Those that were effective were extended by Royal
decrees. Four can be traced back as early as the 1800s.
According to Law 3, Book 6, Title II, of |

  
promulgated in Spain on 16 July 1805, the following were considered
citizens:

All foreigners who obtained the privilege of naturalization those who were born    ; those who,
residing therein may be converted to the holy Catholic faith; those being self-supporting, established their domicile
therein; those who ask for and obtain residence in any town thereof; those who marry native women of said
kingdoms and domiciled therein; and in case of a foreign woman who marries a native man, she thereby becomes
subject to the same laws and acquires the same domicile as her husband; those who establish themselves in the
country by acquiring real property; those who have trade or profession and go there to practice the same; also those
who practice some mechanical trade therein or keep a retail store;... those who reside for a period of ten years in a
home of his own; and also foreigners who, in accordance with the common law, royal orders and other laws of the
kingdom, may have become naturalized or acquired residence therein...

Though it is unclear whether or not the Philippines would have been within the scope of these laws, some authors and Supreme Court
justices later argued that the Philippines, as a colony would have been included as one of the ³kingdoms´ in that law:

Moreover, the Government of the Spanish Monarchy, in encouraging the multiplication of her subjects during the
period of her glory and in granting citizenship by birth in ³these kingdoms´ which were carried forward in the
Spanish Civil Code in 1889, under the same policy of the multiplication of her subjects, can have no other intention
than to apply said law to the inhabitants of its dominions, colonies and territories under its sovereignties.

Another law of Spain which involved citizenship was the Order of the Regency of 14 August 1941. Some provisions stated that:

Foreigners who desire to gain Spanish citizenship should apply for it by means of an application filed with the
Governor-General who was empowered in the interest of the nation to grant or deny the same. Compliance with this
Royal Decree has been declared absolutely essential for the acquisition of citizenship with a view to acquire the
status of a Spanish subject in the Philippine Islands prior to the change of sovereignty.

The Royal Decree of 23 August 1868, promulgated specifically for the Philippine Islands, provided for the political status of children
of foreigners born in the Philippines. The following were considered foreigners:

First, the legitimate and recognized natural children of a father who belongs to another independent State, and the
unrecognized natural, and other illegitimate children of a mother belonging to another State born outside of the
Spanish dominions; Second- The children specified in the preceding paragraph, born in the Spanish dominions or on
board Spanish vessels on high seas if they do not, on attaining the age of majority fixed in the laws of the kingdom,
elect Spanish nationality; Third- Those being Spaniards, acquire another nationality, as well by renouncing the first
as be accepting employment from another government without authority of the sovereign; Fourth- The woman who
contracts marriage with the subject of another state.

Finally, there was the Law of 4 July 1870 ± the ³  ´ which was expressly extended to the Philippines by
Royal Decree of 13 July 1870, and published in the Official Gazette on 18 September 1870:

Art. 1. These are foreigners: (a) All persons born of foreign parents outside of the Spanish territory; (b) Those born
outside of the Spanish territory of foreign fathers and Spanish mothers while they do not claim Spanish nationality;
(c) Those born in Spanish territory of foreign parents, or foreign fathers and Spanish mothers, while they do not
make that claim; (d) Spaniards who may have lost their nationality; (e) Those born outside of Spanish territory of
parents who may have lost their Spanish nationality; and (f) The Spanish woman married to a foreigner. For
purposes of this article, national vessels are considered a part of Spanish dominions.

Art. 2. Foreigners who under the laws obtain naturalization papers or acquire domicile in any town in the Spanish
provinces of the Ultramar are considered Spaniards.




 
 

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To end the six-month hostilities between Spain and the United States following the declaration of war by the United States in 25 April
1898, Commissioners met in Paris on 1 October 1898 to produce a treaty that would bring an end to the war. The treaty was signed on
10 December 1898 whereby Spain yielded possession of the Philippines, along with Puerto Rico, Guam and Cuba, to the United
States. The treaty tackled the disposition of the Islands ceded by Spain to the United States
Article IX of the Treaty of Paris defined those who were the citizens of the Philippines. The provision read:

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by present treaty relinquishes or
cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their
rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have
the right to carry on their industry, commerce, and professions, being subject thereof to such laws as are applicable
to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by
making, before a court of record, within a year from the date of the exchange of ratification of this treaty, a
declaration of their decision to preserve such allegiance; in default of which they shall be held to have renounced it
and to have adopted the nationality of the territory in which they may reside.

The civil and political status of the native inhabitants of the territories thereby ceded to the United States shall be
determined by the Congress.
Under the Treaty, native subjects and Spanish subjects who did not exercise their option to leave the Philippines, but remained in the
country and adopted the nationality of the Philippines were considered citizens of the Philippines. However, those Spanish subjects
who remained in the Philippines, but who declared before a court of record their intention to preserve their allegiance to Spain within
a year and a half from the date of ratification of the treaty (11 April 1900) retained their Spanish nationality.

In the case of K 
., 1 Phil.88 (1908) it was held that the absence of a Spanish subject from the Philippines during the entire
period allowed by treaty for making a declaration of his intention to preserve allegiance to the Crown of Spain prevented the loss of
his Spanish Nationality by his failure to make such a declaration. It was opined that under the treaty it was necessary that he had a
residence  in the Philippines for the eighteen months following the ratification of the treaty.

A child under parental authority whose father did not take advantage of the right of declaration of Spanish citizenship as provided for
by the treaty also was considered a citizen of the Philippines. However, if the child had no parents or guardians in the Philippines or
Puerto Rico at the time the treaty was ratified, he would retain his Spanish nationality without the necessity of declaring such to be his
intention.







The Philippine Bill was enacted by the Congress of the United States on 1 July 1902. It was the composite report of two Philippine
Commissions, the work of the War Departments of the United States, hearing before the committees of U.S. Congress and legislative
conferences. The act was originally thought out to be a temporary one. It was meant to prepare the Filipinos for independence and
self-governance for a period of at most eight years. However, it became the guide for the administration of civil government of the
Philippines for fourteen years. It has little character of a constitutional act. Those provisions which one would expect to find in a
constitution, such as establishing the framework for government, limiting governmental powers, and providing for the political
organization of the executive, legislative and judicial branches, were lacking. An assembly was, however, authorized for a future date.
Most of the sections concerned general legislation on commerce, the sale and lease of public lands, utilization of forests, granting of
mining claims, municipal bonds and franchises. The Bill of Rights was also extended.

Section 4 of the Philippine Bill defines who the citizens of the Philippines were. It stated:

That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh
day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent
thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the
United States, except as such as shall have elected to preserve their allegiance to the Crown of Spain in accordance
with the provisions of the treaty of peace between the united States and Spain signed at Paris December tenth,
eighteen hundred and ninety-eight: Provided, That the Philippine legislature is hereby authorized to provide by law
for the acquisition Philippine citizenship by those natives of the Philippine Islands who do not come within the
foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing
in the Philippine Island who could become citizens of the United States if residing therein.

All those that were considered citizens of the Philippines under the Treaty of Paris were deemed to be citizens under the
Philippine Bill.

All those born after 11 April 1899 to parents who were Spanish subjects on that date and who continued to reside in the
Philippines were 
   citizens of the Philippine Islands. In effect the doctrine of   , citizenship by place of birth, which
prevails in the United States, was extended to the Philippines.

A woman of foreign nationality who married a citizen of the Philippines was also considered a Philippine citizen as she
followed her husband¶s citizenship.
Children born of Chinese fathers and Filipina mothers within the Philippines, with certain exceptions, were also citizens of
the Philippines. Even though the Chinese father and mother of the child were not legally married, the child was nevertheless presumed

  to be a citizen of the Philippines, inasmuch as under the law he followed the status of his legally recognized parent, who is
his mother, a Filipina. If such children were taken to their father¶s country during their minority, they still remained citizens of the
Philippines. However, if their fathers¶ origin claimed them as citizens under the principle ofthey were then considered
as possessing dual nationality.

Children born in the Philippines of Chinese parents were also considered citizens of the Philippines. A child born of alien
parents, who went to his father¶s native land at a tender age and remained there during minority, on becoming of age, he should elect
Philippine citizenship if he desires to be a citizen of the Philippines. A failure to express such desire within a reasonable period of time
should be regarded as a strong presumption of his purpose to become definitely identified with the body politic of his father¶s country.

Citizenship may be lost by the action of a person, either express or implied. Expatriation is the voluntary renunciation of
one¶s nationality and allegiance by becoming a citizen of another country. Actual renunciation may not be necessary in order to forfeit
citizenship; a mere absence for a prolonged period, without an intention to return may be sufficient. The rule of the Department of
State of the United States government was adopted, whereby, a continued residence abroad for three years, after attainment of
majority, produces a loss of citizenship, unless it is clearly proved that 
  existed. Commission of certain crimes may
also cause the loss of citizenship.





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The Philippine Bill was later on superseded by Philippine Autonomy Act. The latter was superior in various ways to the former. It
essentially mirrored a constitution as it provided for a framework of government, Bill of Rights and certain positive powers and
prohibitions. It, however, retained  the same provision on citizenship as its predecessor. Section 2 of the Act stated:
 That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen
hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be
deemed citizens of the Philippine Islands, except as such as shall have elected to preserve their allegiance to the
Crown of Spain in accordance with the provision of the treaty of peace between the United States and Spain, signed
at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of
some other country: Provided, That the Philippine legislature, herein provided for, is hereby authorized to provide
by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come
within the foregoing provisions, the natives of the insular possession of the United States, or who could become
citizens of the United States under the laws of the United States if residing therein.

As the above-stated provision is just a re-enactment of Section 4 of the Philippine Bill, all persons considered as citizens under the
former law were also considered as such under the Philippine Autonomy Act. However, it was only in the latter that the proviso, also
found in the Philippine Bill, providing for suppletory law for the acquisition of Philippine citizenship was given effect by the
enactment of Act No. 2927 by the Philippine Legislature in 1920. The said law constituted the Naturalization Act of the Philippines.
Under the law citizenship may now be acquired by the following groups of people:
a. natives of the Philippines who are not citizens thereof;
b. natives of insular possessions of the United States; and
c. citizens of the United States, or
d. foreigners who, under the laws of the United States, may become citizens of the later country if residing
therein.



 

In the 1935 Constitution, Filipino citizenship was defined, classified and regulated by Article IV, which stated that:

Section 1. The following are citizens of the Philippines

(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 the 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.

Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

Those who were considered citizens at the time of the adoption of the constitution included those deemed citizens under the
Jones Law: ³all inhabitants of the Philippine Islands, who were Spanish subjects on the 11th day of April, 1989, and then
residing in the said islands, and their children born and subsequent thereto...´ This was in turn a reproduction of Section 4 of
the Philippine Bill of 1902.

Those who were naturalized according to the Naturalization Law of Act No. 2927 (March 26, 1920), come under the scope of
Section 1(1). Under this Act, the privilege of naturalization was given to the following persons:

(1) natives of the Philippines who were not citizens of the Philippines, because they were not living in the
Philippines on April 11, 1899, and were not subjects of Spain on that date, not were they children of Filipino
citizens born after that date; (2) natives of the insular possessions of the United States, such as natives of Guam,
Hawaii, Puerto Rico, and the Virgin Islands; (3) residents of the Philippines who were citizens of the United
States; and (4) residents of the Philippines who could become citizens of the United States under the American
laws if residing there.

As can be seen from the previous citizenship laws, the principle of  was not applicable prior to the 1935 Constitution.
Before Section 1, which considered citizens those whose fathers were Filipino citizens, the prevailing doctrine had been  By
recognizing the principle of , it was recognized that a blood relationship would serve ³as a better guarantee of loyalty to
the country of one¶s parents´ than  .

Section 1(2), at the time the Constitution was framed, was said to be inserted for the benefit of Delegate Fermin Caram of Iloilo. Since
Caram was born of Syrian parents and had not been naturalized, an ³anomaly of the Constitution being signed by one who is not a
citizen´ would have been an issue, if thus subsection had not been included. However, the Supreme Court has held that the delegates
would not have added such a provision without considering its effect on others.

Section 1(4) contemplated a situation where only the mother was a Filipino citizen, and gave the child an opportunity to elect Filipino
citizenship only when he reached the age of majority. Prior to his reaching such an age, he at most has an inchoate right to Filipino
citizenship. The provision is also applicable to mothers who were Filipinos before acquiring the nationality of their foreign spouses.
To restrict its interpretation in such a way that the time of election was considered controlling as to the status when the mother should
be a Filipina would have nullified the particular provision. For illegitimate children however, this provision would not have been
applicable, since the citizenship of the father would not then be material, since an illegitimate child as a rule follows the nationality of
the mother.

The right to elect is governed by Commonwealth Act No. 652, which states the requirements and procedure for election, and must be
express:
Option to elect Philippine citizenship shall be expressed in a statement to be filed and sworn to by the party
concerned before any officer authorized to administer oath and shall be filed with the nearest civil registrar. The
party elected must likewise accompany the aforementioned statement with the oath of allegiance to the Constitution
and the Government of the Philippines. Where the party concerned resides abroad, he must make the statement
 before any officer of the government of the Philippines authorized to administer oaths and must forward such
statement together with his oath of allegiance to the civil registrar of Manila.

On the naturalization of non-citizens, Section 1(5) possessed great significance. Desirable aliens are welcomed, but a balance
must be created wherein the law ³bars undesirables without unduly discouraging the worthwhile aliens desirous of becoming
Filipinos.´ Naturalization has been defined as the ³legal act of adopting an alien and clothing him with the rights that belong to a
natural born citizen. Naturalization may be obtained through a general law of naturalization applied through a judicial process.´



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!
"#

AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND TO REPEAL
ACTS NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-
EIGHT.

K   |     !

"

$%&'!(
 ›    ± This Act shall be known and may be cited as the "Revised Naturalization Law."

$%&'!(
 ´    ± Subject to section four of this Act, any person having the following qualifications may become a citizen of
the Philippines by naturalization:

#  He must be not less than twenty-one years of age on the day of the hearing of the petition;

  He must have resided in the Philippines for a continuous period of not less than ten years;

› He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must
have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in
his relation with the constituted government as well as with the community in which he is living.

#   He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have
some known lucrative trade, profession, or lawful occupation;

#  He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and

  He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by
the Office of Private Education1 of the Philippines, where the Philippine history, government and civics are taught or
prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior
to the hearing of his petition for naturalization as Philippine citizen.

$%&'!(
 
      The ten years of continuous residence required under the second condition of the last preceding
section shall be understood as reduced to five years for any petitioner having any of the following qualifications:

1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities,
municipalities, or political subdivisions thereof;
2. Having established a new industry or introduced a useful invention in the Philippines;
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive
instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a
period of not less than two years;
5. Having been born in the Philippines.

$%&'!(
" V  - The following cannot be naturalized as Philippine citizens:

a. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach
doctrines opposing all organized governments;
b. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and
predominance of their ideas;
c. Polygamists or believers in the practice of polygamy;
d. Persons convicted of crimes involving moral turpitude;
e. Persons suffering from mental alienation or incurable contagious diseases;
f. Persons 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 United States 2and the Philippines are at war, during the period of such war;
h. Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become
naturalized citizens or subjects thereof.

$%&'!(
         ± One year prior to the filing of his petition for admission to Philippine citizenship, the applicant
for Philippine citizenship shall file with the Bureau of Justice4 a declaration under oath that it is   his intention to become a
citizen of the Philippines. Such declaration shall set forth name, age, occupation, personal description, place of birth, last foreign
residence and allegiance, the date of arrival, the name of the vessel or aircraft, if any, in which he came to the Philippines, and the
place of residence in the Philippines at the time of making the declaration. No declaration shall be valid until lawful entry for
permanent residence has been established and a certificate showing the date, place, and manner of his arrival has been issued. The
declarant must also state that he has enrolled his minor children, if any, in any of the public schools or private schools recognized by
the Office of Private Education5 of the Philippines, where Philippine history, government, and civics are taught or prescribed as part
of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition
for naturalization as Philippine citizen. Each declarant must furnish two photographs of himself.

$%&'!(
 !  

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the 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.6

$%&'!(
# !       %

 ± Any person desiring to acquire Philippine citizenship shall file with the competent court, a
petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his present and former
places of residence; his occupation; the place and date of his birth; whether single or married and the father of children, the name, age,
birthplace and residence of the wife and of each of the children; the approximate date of his or her arrival in the Philippines, the name
of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications
required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act; that he has
complied with the requirements of section five of this Act; and that he will reside continuously in the Philippines from the date of the
filing of the petition up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own
handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and
personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good
repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of
the Philippines and is not in any way disqualified under the provisions of this Act. The petition shall also set forth the names and post-
office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival, and the
declaration of intention must be made part of the petition.

$%&'!(
 „ 
    &The Court of First Instance of the province in which the petitioner has resided at least one year
immediately preceding the filing of the petition shall have exclusive original jurisdiction to hear the petition.

$%&'!(
 |    

 &Immediately upon the filing of a petition, it shall be the duty of the clerk of the court to
publish the same at petitioner's expense, once a week for three consecutive weeks, in the Official Gazette, and in one of the
newspapers of general circulation in the province where the petitioner resides, and to have copies of said petition and a general notice
of the hearing posted in a public and conspicuous place in his office or in the building where said office is located, setting forth in such
notice the name, birthplace and residence of the petitioner, the date and place of his arrival in the Philippines, the names of the
witnesses whom the petitioner proposes to introduce in support of his petition, and the date of the hearing of the petition, which
hearing shall not be held within ninety days from the date of the last publication of the notice. The clerk shall, as soon as possible,
forward copies of the petition, the sentence, the naturalization certificate, and other pertinent data to the Department of the Interior, 7
the Bureau of Justice,8 the Provincial Inspector9 of the Philippine Constabulary of the province and the justice of the peace10 of the
municipality wherein the petitioner resides.

$%&'!(
 p  

   &No petition shall be heard within the thirty days preceding any election. The hearing shall be
public, and the Solicitor-General, either himself or through his delegate or the provincial fiscal concerned, shall appear on behalf of
the Commonwealth11 of the Philippines at all the proceedings and at the hearing. If, after the hearing, the court believes, in view of
the evidence taken, that the petitioner has all the qualifications required by, and none of the disqualifications specified in this Act and
has complied with all requisites herein established, it shall order the proper naturalization certificate to be issued and the registration
of the said naturalization certificate in the proper civil registry as required in section ten of Act Numbered Three thousand seven
hundred and fifty-three.12

$%&'!(


&The final sentence may, at the instance of either of the parties, be appealed to the Supreme Court.13

$%&'!(
 Y   „    | %  ùIf, after the lapse of thirty days from and after the date on which the parties
were notified of the Court, no appeal has been filed, or if, upon appeal, the decision of the court has been confirmed by the Supreme
Court,14 and the said decision has become final, the clerk of the court which heard the petition shall issue to the petitioner a
naturalization certificate which shall, among other things, state the following: The file number of the petition, the number of the
naturalization certificate, the signature of the person naturalized affixed in the presence of the clerk of the court, the personal
circumstances of the person naturalized, the dates on which his declaration of intention and petition were filed, the date of the decision
granting the petition, and the name of the judge who rendered the decision. A photograph of the petitioner with the dry seal affixed
thereto of the court which granted the petition, must be affixed to the certificate.

Before the naturalization certificate is issued, the petitioner shall, in open court, take the following oath:

"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , solemnly swear that I renounce absolutely and forever all allegiance and fidelity to
any foreign prince, potentate, state or sovereignty, and particularly to the . . . . . . . . . . . . . . . . . . of which at this time I am a subject or
citizen; that I will support and defend the Constitution of the Philippines and that I will obey the laws, legal orders and decrees
promulgated by the duly constituted authorities of the Commonwealth15 of the Philippines; [and I hereby declare that I recognize and
accept the supreme authority of the United States of America in the Philippines and will maintain true faith and allegiance thereto;16
and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.
"So help me God."

$%&'!(
   ùThe clerk of the court shall keep two books; one in which the petition and declarations of intention shall
be recorded in chronological order, noting all proceedings thereof from the filing of the petition to the final issuance of the
naturalization certificate; and another, which shall be a record of naturalization certificates each page of which shall have a duplicate
which shall be duly attested by the clerk of the court and delivered to the petitioner.

$%&'!(
" #&The clerk of the Court of First Instance shall charge as fees for recording a petition for naturalization and for the
proceedings in connection therewith, including the issuance of the certificate, the sum of thirty pesos.

The Clerk of the Supreme Court17 shall collect for each appeal and for the services rendered by him in connection therewith, the sum
of twenty-four pesos.

$%&'!(
     %   ' &Any woman who is now or may hereafter be married to a citizen of the
Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a
Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a
Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case,
he will continue to be a Philippine citizen even after becoming of age.

A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless one year
after reaching the age of majority, he fails to register himself as a Philippine citizen at the

the fault of their parents either by neglecting to support them or by transferring them to another school or schools. A certified copy of
the decree canceling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior20 and
the Bureau of Justice.21

() If it is shown that the naturalized citizen has allowed himself to be used as a dummy in violation of the
Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of
a right, franchise or privilege.

$%&'!(
 !  
      ùAny person who shall fraudulently make, falsify, forge, change, alter, or cause or aid
any person to do the same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing or altering a
naturalization certificate for the purpose of making use thereof, or in order that the same may be used by another person or persons,
and any person who shall purposely aid and assist another in obtaining a naturalization certificate in violation of the provisions of this
Act, shall be punished by a fine of not more than five thousand pesos or by imprisonment for not more than five years, or both, and in
the case that the person convicted is a naturalized citizen his certificate of naturalization and the registration of the same in the proper
civil registry shall be ordered cancelled.

$%&'!(
 ! 
 .ùNo person shall be prosecuted, charged, or punished for an offense implying a violation of the provisions
of this Act, unless the information or complaint is filed within five years from the detection or discovery of the commission of said
offense.

$%&'!(
   ùThe Secretary of Justice shall issue the necessary regulations for the proper enforcement of this
Act. Naturalization certificate blanks and other blanks required for carrying out the provisions of this Act shall be prepared and
furnished by the Solicitor-General, subject to the approval of the Secretary of Justice.

$%&'!(
 
 ùAct Numbered Twenty-nine hundred and twenty-seven as amended by Act Numbered Thirty-four
hundred and forty-eight, entitled "The Naturalization Law", is repealed: !
 That nothing in this Act shall be construed to affect
any prosecution, suit, action, or proceedings brought, or any act, thing, or matter, civil or criminal, done or existing before the taking
effect of this Act, but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters, the laws, or parts of laws repealed
or amended by this Act are continued in force and effect.

$%&'!(
   '    ùThis Act shall take effect on its approval.

Approved, June 17, 1939.

7

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AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE CITIZENSHIP SHALL BE
DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN

K   |     !

"

$%&'!(
 The option to elect Philippine citizenship in accordance with subsection (4), section 1, Article IV, of the Constitution1 shall
be expressed in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and
shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the
Constitution and the Government of the Philippines.
$%&'!(
 If the party concerned is absent from the Philippines, he may make the statement herein authorized before any officer of the
Government of the United States2 authorized to administer oaths, and he shall forward such statement together with his oath of
allegiance, to the Civil Registry of Manila.

$%&'!(
 The civil registrar shall collect as filing fees of the statement, the amount of ten pesos.

$%&'!(
" The penalty of

    , or a fine not exceeding ten thousand pesos, or both, shall be imposed on anyone found
guilty of fraud or falsehood in making the statement herein prescribed.

$%&'!(
This Act shall take effect upon its approval.

Approved, June 7, 1941.


#

 

Article III, Section 2 enumerates the following as 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 elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and
thirty-five
4. Those who are naturalized in accordance with law.

The purpose of the first paragraph of the provision was to protect the continued enjoyment of Philippine citizenship to those who
already possess the right as of 17 January 1973.

The Section 2(2) followed the principle of However, unlike the 1935 Constitution, Filipino mothers were placed by the
1973 Constitution on equal footing with Filipino fathers as far as the determination of the citizenship of their children was concerned.
The father or mother may be a natural-born Filipino or a Filipino by naturalization or by election. The only important consideration
here was that the mother must be a Filipino at the time of the birth of the child. It must be reiterated that this rule applied only to those
born of a Filipino mother on or after 17 January 1973.

As the 1973 Constitution followed the doctrine of, it disregarded the place of birth of a person. As long as one was born
of Filipino parents, he was considered a Filipino. If he was born in a country where the rule of  was the prevailing principle, it
would be a case of dual citizenship.

The Section 2(3) defined the status of individuals who elect Philippine citizenship under the 1935 Constitution. Under the said
Constitution, a child born of a Filipina mother married to an alien was considered an alien unless he elected Philippine citizenship
within a reasonable period after reaching the age of majority. However, if his mother reacquired her Philippines citizenship during his
minority there was no need for election since by operation of law, he is a Filipino citizen.

Section 2(4) provided for a means by which even individuals, who were not Filipino citizens by virtue of birth or of Filipino mothers,
may become citizens of the Philippines through naturalization.



#

 

The 1987 Constitution builds on the previous Constitutions, but modifies provisions which cannot be found in the 1973 and 1935
Constitution. Those who were citizens during the adoption of the new Constitution were considered citizens. However, this does not
rectify any defects in the acquisition of such citizenship under the 1935 or 1973 Constitution. ³If a person¶s citizenship was subject to
judicial challenge under the old law, it still remains subject to challenge under the new ± whether or not the judicial challenge had
been commenced prior to the effectivity of the new Constitution.´

The principle of still applies, and in following the lead of the 1973 Constitution, the Filipino woman is placed on the
same footing as Filipino men in matters of citizenship. It is essential, however, that the mother is a Filipina when the child is born. The
principle of parental authority is still applicable in the new Constitution, so this article only applies to legitimate children, not to
adopted or illegitimate ones. Mothers have parental authority over illegitimate children. Adopted children, on the other hand, as they
are not related by blood, do not follow their adoptive parents¶ citizenship, despite being under their parental authority.

As for those who were born after the adoption of the 1973 Constitution of Filipino mothers, the 1987 Constitution still provides the
transitory provision that was also in the 1973 Constitution: ³Those born before 17 January 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority.´

Naturalization still remains one of the ways by which a person may acquire citizenship. Section 2 of the 1987 Constitution defines
natural born citizens: 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

In the 1973 Constitution, the second sentence was not yet included. Furthermore, even under the 1935 Constitution, it was not settled
whether the child of a Filipino mother who elects Philippine citizenship was a natural-born Filipino or a naturalized one. A liberal
view was adopted by the 1987 Constitution, based on the argument that the election retroacts to the moment of birth, since it was such
that gives him potential to make the election.

However, if a person loses his citizenship and subsequently reacquires such citizenship, that person would no longer be considered a
natural-born Filipino but a naturalized one (whether under the 1973 or the 1987 Constitution). An exception to this rule is reacquiring
one¶s citizenship through repatriation, where one regains one¶s former citizenship.
Section 3 states that ³Philippine citizenship may be lost or reacquired in the manner provided by law.´ The loss of citizenship is
governed by two laws, Commonwealth Act No. 63 (for natural-born and naturalized citizenship) and Commonwealth Act No. 473 (for
naturalized citizenship). Under C.A. No. 63, citizenship may be lost: ³through naturalization in a foreign country, by express
renunciation of citizenship, by oath of allegiance to a foreign country, by rendering service in the armed forces of a foreign country,
and by being a deserter of the armed forces.´ Under Commonwealth Act No. 473, one¶s certificate of naturalization may be cancelled
if ³found to have been fraudulently obtained, by permanent residence in the country of origin within five years of naturalization, or
when petition is found to have been made on an invalid declaration of intent, or upon failure to comply with the requirements for the
education of minor children, or if the person allows himself to be a ³dummy´ for aliens.´

Reacquisition may happen either through naturalization or repatriation.

Section 4, which states that ³citizens 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,´ modifies the 1973 Constitution by ³making no reference to sex... on the chance
that some country might have a law which divests a foreign husband of his citizenship.´
In Section 5, the Constitution ³recognizes the problem of dual allegiance, but leaves concrete ways of dealing with it to Congress.´
The same may be said of dual citizenship, which is not contemplated in the provision, it being a ³seldom intentional and perhaps never
insidious...condition that arises from the fact that Philippine law cannot control international law, and the laws of other countries on
citizenship.´ Dual Citizenship is covered by RA 9225, which provides that natural-born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country shall retain their citizenship after taking the oath mentioned therein.

As can be seen, though there had been changes from the Spanish Laws to the Philippine Constitutions, continuity has been maintained.
Each Constitution usually includes a provision to accommodate previous ones. Major changes include the transition from   to
 in the 1935 Constitution, the equalization of men and women (fathers and mothers) as regards citizenship in the 1973
Constitution, and the classification of children of Filipino mothers who needed to elect citizenship as natural-born, the retention of
citizenship upon marriage to foreigners, and the recognition of the problem of dual allegiance in the 1987 Constitution.


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$%&'!(
 ´   - Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of this Act
must meet the following qualifications:

(a) The applicant must be born in the Philippines and residing therein since birth;
(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;
(c) The applicant must 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 in his
relation with the duly constituted government as well as with the community in which he/she is living;
(d) The applicant must have received his/her primary and secondary education in any public school or private educational institution
dully recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught
and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: !
That
should he/she have minor children of school age, he/she must have enrolled them in similar schools;
(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for
his/her support and if he/she is married and/or has dependents, also that of his/her family: !
 '
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;
(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and
(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and
ideals of the Filipino people.


$%&'!(
"     - The following are not qualified to be naturalized as Filipino citizens under this Act:
(a) Those opposed to organized government or affiliated with any association of group of persons who uphold and teach doctrines
opposing all organized governments;
(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or
predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Those suffering from mental alienation or incurable contagious diseases;
(f) Those who, during the period of their residence in the Philippines, have not mingled socially with 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 with whom the Philippines is at war, during the period of such war; and
(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.


$%&'!(
 
 „   | %  - There shall be constituted a Special Committee on Naturalization herein referred to
as the "Committee", with the Solicitor General as chairman, the Secretary of Foreign Affairs, or his representative, and the National
Security Adviser, as members, with the power to approve, deny or reject applications for naturalization as provided in this Act.
The Committee shall meet, as often as practicable, to consider applications for naturalization. For this purpose, the chairman and
members shall receive an honorarium of Two thousand pesos (P2,000.00) and One thousand five hundred pesos (P1,500.00),
respectively, per meeting attended.

U

 
   
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   ( Any provision of law to the contrary notwithstanding, natural-born citizenship by
reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking
the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance
thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their
Philippine citizenship upon taking the aforesaid oath.

$%&'!(
"
  
 

  (The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age,
of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.

$%&'!(



=

  (Those who retain or re-acquire Philippine citizenship under this Act
shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the
Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing
laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by
the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines
and its duly constituted authorities prior to their assumption of office: !
, That they renounce their oath of allegiance
to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit
to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to,
those who:

(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which
they are naturalized citizens.