CITIZENSHIP Permanent membership in a political community Citizenship is governed by the orevailing constitution at the time of ones birth odes

of ac!uiring citizenship "us soli "us sanguinis Naturalization

#ho are citizens of the Philippines$ %& Those citizens of the Philippines at the time of the adoption of this Constitution See' %()* + %(*, Constitution "an %)- %()* .eb /- %(*,

Phil 0ill of %(1/- "ones 2a3- %(%45inhabitants of the Phil& #ho 3ere Spanish sub6ects on 7pril %%- %8((- 3ho did not opt in 3riting to retain Spanish nationality bet3een 7pril %%- %8(( and 9ct& %%- %(11 :including their children; are deemed citizens of the Philippines& Valles v. Comelec, GR No. 137000, August 9, 2000

/& Those 3hose fathers or mothers are citizens of the Philippines<

a&

ust the child be legitimate to ac!uire the citizenship of the father$ SEE: FORN ER et al., vs. CO!E"EC et. al., GR No. 1#1$2%, !a&c' 3, 200%

*& Those born before "anuary %)- %()*- of .ilipino mothers- 3ho elect Phil& Citizenship upon reaching the age of ma6ority

3hen 3ithin reasonable time :* yrs&;

#hile both the %(*, Constitution and C7 4/, did not prescribe the period to elect Pil& Citizenship- election should be made 3ithin =reasonable time> 3hich according to the 9pinion of the Secretary of "ustice is three:*; years& Election made fourteen :%?; years after reaching the age of ma6ority 3as not valid& Re: A((l)cat)o* +o& a,m)ss)o* to t'e -')l. .a&, V)ce*te C')*g, .a& matte& No. 91%, Oct. 1, 1999. ho35formal5e@pressly by s3orn statement 3ith an oath of allegiance to the constitution filed 3ith civil registry or non5formal5by participating in the elections

?& Those naturalized in accordance 3ith la3

odes of naturalization %& generalization la35 Rev)se, Natu&al)/at)o* "a01 CA %7#3 #217239 /& special la35 e.g. g&a*t to F&. -aul *& mass naturalization la35 -')l .)ll o+ 1902 Effect of naturalization of a father on legitimate minor children in general- the minor children become citizens of the Philippines&

9n the 3ife$ She becomes .ilipino provide she sho3s by administrative procedure for the cancellation of her alien certificate 7NA she has non of the dis!ualifications found in C7 ?)*&

#ho are natural born citizens$ those 3ho&are .ilipinos from birth 3ithout having to do any act to ac!uire of perfect his .ilipino citizenship including those citizens by elections :Sec %- par *; or those repatriated 3hen they are formerly natural born

Sec& *& Philippine citizenship may be lost or reac!uired in the manner provided by la3& 29SS 9. CITIZENSHIP NE SaCBA arriage

a& Naturalization in a foreign country b& E@press renunciation c& Subscribing to an oath of allegiance to support the constitution or la3s of a foreign country d& Bendering service to or accepting commission in the armed forces of a foreign country& e& Cancellation of the certificate of naturalization f& Aeclared as a deserter of the Phil& 7rmed forces in time of 3ar g& N9TES' Possession of an 7lien Certificate of Begistration- unaccompanied by proof of performance of acts 3hereby Phil& Citizenship is lost is not ade!uate proof of loss of citizenship& .a/*a& v. Comelec a*, Osme*a, 1$3 SCRA 703 419905 7pplication for 7lien Certificate of Begistration and possession of 7ustralian passport are not enough to sho3 renunciation& Valles v. Comelec, $292006 see also !e&ca,o v. ma*/a*o., 322#2991 3here it 3as held that dual citizenship as dis!ualification under the 2ocal Covt& Code must be understood to mean =dual allegiance>& I P9BT7NT Naturalization certificate may cancelled5if obtained fraudently obtained 7 decision in naturalization proceeding is never res 6udicata& It can al3ays be re5opened anytime& arriage of a .ilipina to foreigner

0DT if a&; a personEs citizenship be raised as a material issue in a controversy 3here he is a party< b&; the Solgen or his representative tooF an active part in the resolution thereof< c&; the finding on citizenship is affirmed by the SC- res 6udicta may be set in& .u&ca vs. Re(u7l)c, 31 SCRA 2%$, &e)te&ate, )* Valles v. Comelec, $29200. TalFing allegiance 3ith another country is renunciation :2abo v& Comelec8G%G8(;

REAC89 S : ON %& 0y naturalization /& 0y repatriation

*& Airect act of Congress

a& Crounds' .ilipino 3omen 3ho have lost their Phil& Citizenship by marriage to aliens& Natural5born .ilipino citizens 3ho have lost their Phil& Citizenship on account of political or economic necessity& RA $1711 tooF effect on 9ct& /*- %((, Bead' AD72 CITIZENSHIP 27# or Citizenship Betention and Beac!uisition 7ct5 B7 (//,H/11*I& N9TES Participation in election of Phil& Citizenship& F&)val,o vs. 17% SCRA 2%3419$951 In the subse!uent .rivaldo case :/,) SCB7 )/);- it 3as held that the effectivity of the repatriation 3as deemed t the time of application :by plurality of opinion;

Bepatriation allo3s a .ilipino to recover his natural5born citizenship :.e*g/o* v. ;RE:, C&u/ GR 1%2$%0, 323201;

Sec& ?& Citizens of the Philippines 3ho marry aliens shall return their citizenshipunless by their act or omission they are deemed- under the la3- to have renounced it& Sec& ,& Aual allegiance of citizens is inimical to the national interest and shall be dealt 3ith by la3& The constitution proscribes dual allegiance- not dual citizenship AD72 CITIZENSHIP #hat are the instances 3hen a .ilipino citizen may process dual citizenship$ Those born of .ilipino fathers andGor mothers in foreign countries 3hich follo3 the principle of 6us soli

Those born in the Philippines of .ilipino mothers and alien fathers if by the la3s of their fatherEs country the former are considered citizens- unless by their act or omission they are deemed to have renounced Phil& Citizenship&

The dis!ualification of dual under Sec&?1 of the 2ocal Covernment Code should be interpreted as referring to =dual allegiance> Phil& Citizenship may be elected by filling their certificate of candidacy to terminate the status of dual citizenship& !e&ca,o v. !a*/a*o, 307 SCRA 730.

AR: C"E V Su++&age

SECTI9N % Suffrage may be e@ercised by all citizens of the Philippines not other3ise dis!ualified by la3- 3ho are at least eighteen years of age- and 3ho shall have resided in the Philippines for at least one year and in the place 3herein they propose to vote for at least si@ months immediately preceding the election& No literacy- property- or other substantive re!uirement shall be imposed on the e@ercise of suffrage& Besidence synonymous 3ith =domicile> J that means not only intention to reside in a fi@ed place- but also personal presence in that place- coupled 3ith conduct indicative of such intention&

To ac!uire a ne3 domicile- it is re!uired that' %; physical presence in the place< /; an intention to remain< *; intention to abandon the old domicile :animus non revertendi and animus manendi; gallego v. Ve&&a, 73-')l. %33 419%15

Ais!ualfication on the right of the suffrage cannot include literacy-or other substantive re!uirements&

SECTI9N / The congress shall provide a system for securing the secrecy of the ballot as 3ell as a system for absentee voting by !ualified .ilipinos abroad& Dnder the 70SENTEE K9TINC 27# :B7 (%8(; overseas .ilipinos are allo3ed

to vote if they e@ecute an affidavit to resume actual physical residence in the Philippines& Aoes this not violate the residency re!uirement under the Constitution$ 7NS#EB' N9& This provision is an e@ception to the residency re!uirement& The affidavit merely confirms the intent of the voter of not abandoning- or returning to his domicile& The Congress shall also design a prosedure for the disabFed and the illiterates to vote 3ithout the assistance of other persons& Dntil then they shall be allo3ed to vote under e@isting la3s and such rules as the Commission in Elections may promulgate to protect the secrecy of the ballot&