My Idea of the Filipino Citizenship

By Marcos F. Monderin Prologue A country exists because it has fulfilled the requisites of the nation for it to be called an independent state, with which people or citizen is one of hem. Others would include territory, government, and sovereignty. A citizen swears allegiance, loyalty, and duty this country. And for a person to be accepted as a member of such nation, he has to be identified with his nature of citizenship. Which would eventually lead to the two major types of citizenship, the natural, and the acquired. Understanding Filipino citizenship, in particular is founded in the Art. 4 of the 1987 Philippine Constitution. From this constitutional provision, it is clearly stated who are to be called citizens of the Philippines. Filipino Citizens Filipino citizens are those enumerated as follows as provided in the Art. 4, Sec. 1 of the 1987 Philippine Constitution: First, persons who are citizens of the Philippines at the time of the adoption of this Constitution. Secondly, those whose fathers or mothers are citizens of the Philippines. Thirdly, persons who were born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and Fourth, persons who are naturalized in accordance with law. However, citizenship in the Philippines can be identified as either natural or acquired. Natural Born Filipino Citizen Art. 4 , Sec. 2 of the 1987 Philippine Constitution provides that 1. 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.

Marcos F. Monderin

2. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Though, supplemental information about natural acquisition of Filipino citizenship may also be elaborated in the context of the birth of a citizen. Philippine nationality law provides that a person becomes a Philippine citizen by birth if That person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;[3] b. That person was born on or after January 17, 1973 and either both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[4] c. The person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;
a.
[5]

d.

That person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.[6]

Naturalized or Acquired Filipino Citizenship Commonwealth Act No. 473, approved June 17, 1939, provided that persons having certain specified qualifications may become a citizen of the Philippines by naturalization.
[7]

Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements.[1][2] Under Section 2 of the Revised Naturalization Law the applicant must possess the following qualifications:

He/she must not be less than twenty-one (21) years of age on the day of the hearing of the petition; He/she must have resided in the Philippines for a continuous period of not less than ten (10) years; He/she must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and

Marcos F. Monderin

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/she must own real estate in the Philippines worth not less than five thousand (5000) pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation; He/she must be able to speak or write English or Spanish or anyone of the principal languages; He/she must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Public Schools 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 the petition for naturalization as Philippine citizen.[8]

Losing or Reacquiring Philippine citizenship As provided in Art. 4, Sec. 3 of the 1987 Philippine Constitution, Philippine citizenship may be lost or reacquired in the manner provided by law. Subsequently, Commonwealth Act No. 36, dated 20 October 1936, provides that Philippine citizens may lose citizenship in any of the following ways and/or events:[9] 1. By naturalization in a foreign country; 2. By express renunciation of citizenship; 3. By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: 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. 4. By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, except in certain specified cases; 5. By cancellation of the certificates of naturalization; 6. 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; and 7. In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.

Marcos F. Monderin

Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, to reacquire Philippine citizenship.[10] Republic Act No. 9225, approved 29 August 2003, provided that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. It further states that natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization

1.

The Administrative Naturalization Law of 2000, Chanrobles Law Library, 8 June 2001, http://www.chanrobles.com/republicactno9139.html, retrieved 2006-12-19. 2. ^ a b Rules and Regulations Implementing Republic Act No. 9139, Chanrobles Law Library, http://www.chanrobles.com/republicactno9139rules.htm, retrieved 200612-19. 3. ^ 1987 Constitution of the Republic of the Philippines, Chanrobles Law Library, 15 October, 1986, http://www.chanrobles.com/philsupremelaw1.htm, retrieved 2008-1006. 4. 1973 Constitution of the Republic of the Philippines, Supreme Court of the Philippines e-library, 17 January 1973, http://elibrary.judiciary.gov.ph/index7.php? doctype=Constitutions&docid=a45475a11ec72b843d74959b60fd7bd64558f6f05f5e6%2 0, retrieved 2009-08-04. 5. ^ 1935 Constitution of the Republic of the Philippines, Chanrobles Law Library, 14 May 1935, http://www.chanrobles.com/1935constitutionofthephilippines.htm, retrieved 2008-10-06. 6. ^ The Philippine Autonomy Act (Jones Law), Chanrobles Law Library, August 29, 1916, http://www.chanrobles.com/joneslaw.htm, retrieved 2008-10-06. 7. ^ Revised Naturalization Law, LAWPHIL Project, Arellano Law Foundation, 17 June 1939, http://www.lawphil.net/statutes/comacts/ca_473_1939.html, retrieved 200810-06 8. ^ Philippine Citizenship, The Bureau of Immigration, http://immigration.gov.ph/index.php? option=com_content&task=view&id=206&Itemid=80, retrieved 3 July 2011 9. ^ An act providing for the ways in which Philippine citizenship may be lost or reacquired, Chanrobles Law Library, 20 October 1936, http://www.chanrobles.com/commonwealthactno63.html, retrieved 2008-10-06. 10. ^ An act providing for the repatriation of Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos, Chanrobles Law Library, 23 October 1995, http://www.chanrobles.com/republicactno8171.html, retrieved 2008-10-06. 11. ^ Citizenship Retention and Re-acquisition Act of 2003, Chanrobles Law Library, 29 August 2003, http://www.chanrobles.com/republicactno9225.html, retrieved 2008-1006.

Marcos F. Monderin

Marcos F. Monderin