ARTICLE 4 -CITIZENSHIP

Meaning of Citizenship

Citizenship refers to the membership of a person to a democratic state which bestows upon him/her full
civil and political rights (unless especially disqualified by law), and the corresponding duty to support and
maintain allegiance to the state. Such membership underscores the symbiotic relationship of the state,
which on the one hand gives protection to the citizen, and the citizen, who on the other hand is duty
bound to support the state.

Citizens of the Philippines

1. Classification. There are four instances enumerated in the Constitution as to who are considered
citizens of the Philippines. Section 1, Article IV of the Constitution, provides:

“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 born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority; and

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

First, those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution,
referring to those who were already Filipinos under the 1973 Constitution and were still citizens at the
time of the passage of the 1987 Constitution. Second, those who are Philippine citizens because either
their fathers “or” mothers are Philippine citizens. Third, those whose fathers are foreigners, and then later
elected their Philippine citizenship upon reaching 18 years old in accordance with 1935 Constitution which
was in effect at the time of their birth. And fourth, those who are naturalized under the procedures
provided by law.

2. Natural Born and Naturalized Citizens. Basically, there are only two categories of Philippine citizens: the
natural born and the naturalized. On the one hand, a natural born citizen is someone who is already a
Filipino at the time of his birth and does not have to do anything to acquire or perfect his citizenship (Sec.
2, Art. II). In other words, he is a Filipino by birth. On the other hand, a naturalized citizen is someone who
was once a foreigner then later on became a Filipino by legal fiction. Paragraph 2 (Either father or mother
is a Filipino) and paragraph 3 (Elect Philippine Citizenship) of the above provision are natural born citizens,
while paragraph 4 (naturalized under the law) refers to the naturalized citizen. Paragraph 1 (citizen at the
time of the adoption of the Constitution) may refer to either a natural born or naturalized citizen
depending on the kind of citizenship he has at the time of the adoption of the 1987 Constitution.

3. Principles Determining Citizenship. How can birth determine citizenship in the case of natural born
citizens? There are two principles that could answer this. First is the jus sanguinis principle, which states
that “blood relations” determine citizenship, and the second is the jus soli or jus loci principle, which states
that the “place of birth” determines citizenship. The Philippines adopts the jus sanguinis principle and is
now the underlying theory behind Article IV. Thus, someone becomes a Filipino by birth if either his

1
mother “or” father is a Filipino, so that by virtue of his blood relations to either his Filipino parents he is
also a Filipino. If Pedro, for example, has a Filipino mother and a foreigner father, then he is still a Filipino
by birth, and therefore a natural born citizen.

4. Old Rule. It must be noted that the present rule is different from that in the 1935 Constitution. Under
the old rule, those whose fathers are foreigners and whose mothers are citizens of the Philippines must
still elect their Philippine citizenship upon reaching 18 years old. In other words, citizenship depends upon
blood relations with the father. This was no longer the rule under the 1973 Constitution and under the
present Constitution. Citizenship is now attributable to both the father and mother. But for those who
were born during the effectivity of the 1935 Constitution, or before January 17, 1973 (the date of
promulgation of the 1973 Constitution), they must still elect their Philippine citizenship upon reaching the
age of majority. For instance, if Pedro was born in January 1, 1970, of a Chinese father and a Filipino
mother, then in 1988 when he is already 18 years old, he must elect his Philippine citizenship. Under
Section 2, Article II, those who elect their Philippine citizenship are still deemed natural born citizens.

Naturalized Citizens

1. Who are Naturalized Citizens? Naturalized citizens those are clothed by law with the rights and
privileges accorded to a citizen of the Philippines, as well as bound by their duties to the State. In other
words, they are also Filipinos. Thus they can vote during elections, acquire real property, and engage in
business, among others. They must likewise observe loyalty to the Philippines, pay their taxes, and obey
the laws and duly constituted authorities of the land. However, they cannot be elected President or Vice-
President, or member of the Congress, or appointed justice of the Supreme Court or lower collegiate
courts, or member of any of the Constitutional Commissions, or Ombudsman or his Deputy, or member
of the Central Monetary Agency. These are among the restrictions to a naturalized citizen which are
reserved only to a natural born citizen, who is by birth and heart a Filipino.

2. Naturalization entails renunciation of former allegiance and the subsequent act of formal entrance into
a new body politic. The grant of citizenship by naturalization is an act of grace on the part of the State.
Just as the State can confer or grant citizenship, it can also withhold or take away the same. Thus, aliens
or foreigners do not have a natural or inherent right to demand membership to the State.

3. Kinds of Naturalization. The government, through its three branches, can confer citizenship by
naturalization. Hence, a foreigner can be naturalized in either of three ways:

(a) Judicial naturalization refers to naturalization by means of court judgment pursuant to the “Revised
Naturalization Act.” Applications are filed with the proper Regional Trial Court which will render the
decree of naturalization;

(b) Legislative naturalization refers to naturalization by means of a direct act of Congress, that is, by the
enactment of a law by the Congress declaring therein that a foreigner is conferred citizenship and
admitted into the political community; and

(c) Administrative naturalization is naturalization by means of administrative proceedings before the

Special Committee on Naturalization pursuant to the “Administrative Naturalization Law of 2000.”
Applicants must be aliens born and residing in the Philippines with all of the qualifications and none of
the disqualifications provided by law.

2
Lost and Reacquisition of Citizenship

1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that “Philippine citizenship may be lost
or reacquired in the manner provided by law.” There are two laws which provide the manner of loss of
citizenship. First is “Commonwealth Act No. 63” which provides that citizenship is lost by naturalization in
another country, by express renunciation of citizenship, by subscribing to an oath of allegiance to support
the constitution and laws of another country, by rendering service to a foreign armed forces, and by
deserting the armed forces of the Philippines. Second is Commonwealth Act No. 473 which states that
citizenship is lost by cancellation of certificate of naturalization by court, by permanent residence in the
country of origin for a period of five years from the time of naturalization, by an invalid declaration of
intent in the petition, by failure to with the educational requirements of the minor children, and by
allowing oneself to used by a foreigner.

2. Reacquisition of Citizenship. As far as reacquisition of citizenship is concerned, Commonwealth Act No.

63 also provides that citizenship which was lost may be reacquired by naturalization, by a direct act of
Congress, or by repatriation.

(a) Naturalization may be applied for by a former Philippine citizen who lost his citizenship under any of
the aforesaid ways. For example, Pedro was a Filipino who became a naturalized citizen in another
country, and as a result he lost his Philippine citizenship. If he applies for naturalization and later on the
court gave him a decree of naturalization, then he reacquires his Philippine citizenship.

(b) The Congress can also reinstitute, by means of a law, citizenship to those who lost it.

(c) Repatriation is accomplished by taking the necessary oath of allegiance to the Republic of the
Philippines and then registering the same in the proper Civil Registry and in the Bureau of Immigration.
This is available to women who have lost their citizenship through marriage to aliens, those who lost their
citizenship on account of economic and political necessity not otherwise disqualified by law, and deserters
of the Armed Forces of the Philippines.

3. R.A. No. 9225. Special note must be given to Republic Act No. 9225, otherwise known as “Citizenship
Retention and Reacquisition Act of 2003,”which amended Commonwealth Act No. 63. It provides that
natural born citizens of the Philippines who lost their citizenship because of naturalization in a foreign
country shall be deemed to have reacquired their Philippine citizenship upon taking the oath of allegiance
to the Republic of the Philippines. After the effectivity of RA 9225, those who are naturalized in a foreign
country shall retain their Philippine citizenship also upon taking the oath of allegiance to the Republic of
the Philippines. Thus, under the present law, it is the taking of the necessary oath of allegiance and
registration of the same that retains and reacquires Philippine citizenship.

4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an alien is not a ground for losing
Philippine citizenship, unless there is implied or express renunciation through acts or omissions. For
example, if Maria is married to Friedrich, a foreigner, and in Friedrich’s country his marriage confers on
Maria their citizenship, then Maria will not automatically lose her citizenship as provided by the
Constitution. What she has is dual citizenship. But if Maria subscribes to an oath of allegiance to her
husband’s country, then her act is deemed a renunciation of her Philippine citizenship, thus, a ground for
losing her citizenship.

3
Dual Allegiance and Dual Citizenship

1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV states, “Dual allegiance of citizens
is inimical to the national interest and shall be dealt with by law.” Dual allegiance happens when a
naturalized citizen of the Philippines maintains his allegiance to his country of origin. For example, if Joe,
who was a foreigner, becomes a naturalized citizen of the Philippines, and after naturalization he still
maintains his allegiance to his mother country, then his case is said to be one of dual allegiance. This is
prohibited by the Constitution to prevent a former foreigner, who gained political membership, to have
false allegiance or pretend loyalty to the Philippines.

2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does not prohibit dual citizenship. Dual
allegiance is different from dual citizenship. Dual citizenship happens when an individual is a citizen of two
countries because the laws of both countries confer upon him membership to their State. For example, if
Pedro’s parents are Filipinos and he is born in United State of America, he acquires Philippine citizenship
under the principle of jus sanguinis and American citizenship under the principle of jus soli. Thus, he has
dual citizenship because of the respective laws of the two countries. Another example is when a Filipino
marries a foreigner and thereby acquires the citizenship of the spouse, there is also dual citizenship. The
Philippines cannot prohibit dual citizenship because its laws cannot control the laws of other states. It is
dual allegiance that is prohibited because it is intentional while dual citizenship is generally unintentional,
in that it is only accidentally cause by birth in a foreign state or marriage with a foreigner.

3. Limitation on Dual Citizenship. Dual citizenship may be prohibited under special cases. For instance,
pursuant to the Constitution, RA 9225 requires that all those who are seeking elective public offices in the
Philippines to execute a personal and sworn renunciation of any and all foreign citizenship to qualify them
as candidates in the Philippine elections.