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BACKGROUND
The treaty of Paris has provided that all subjects of Spain who
remain in the territory are considered to be citizens of the Phil
(Prior to this treaty, citizenship was decided as to place of birth).
The next was the Phil.Bill of 1902, this just reiterated that the
political status of inhabitants would be decided by the US
Congress
1935 CONSTITUTION: 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 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.
1973 CONSTITUTION: Section 1. 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 and 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.
Feb.2,1987 Constitution
Nov 1935-Constitution
Jan. 17,1973 Constitution
3.
In here, the constitution do not distinguish anymore whether the child is illegitimate or
legitimate, and that it does not matter whether the father or the mother is the only one
who is Pilipino. So whichever which way, the child is considered as a Pilipino.
4.
EXPRESSLY
Facts: A petition for disqualification was filed against presidential candidate Ronald allan
Kelley Poe (aka Fernando Poe Jr.) and a petition to deny due course or to cancel his COC
upon the thesis that he made material representations in his COC by claiming that he is a
natural born citizen, when in truth, his parents were foreigners. Granting, petitioner
asseverated, that Allan Poe (father) was a Filipino citizen, he could not have transmitted
his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother.
FPJ was born Aug. 20, 1939.
DOJ Opinion reasonable time to elect is within 3 years after reaching the age of
majority (June 1, 2010 updates).
2010 notes: if Running for a position, it is enough that you are Pilipino at time of
PROCLAMATION.
2010 notes: even if you elect Pilipino citizenship before the effectivity of the 1987
Constitution, this ELECTION PROVISION would still be applicable and would validate
such citizenship election due to the fact that IT HAS RETROACTIVE EFFECT.
4blue 95 notes: in Bengzon vs HRET (May 7, 2001), the issue raised was whether
Teodoro Cruz, a natural born citizen, later naturalized US citizen but reacquired Phil
citizenship by repatriation under RA 2630 was considered a natural born citizen at the
time he filed his candidacy for the House of Rep.
Cruz is still a natural born citizen. As distinguished from the lengthy process of
naturalization, repatriation simply consists of the taking of oath of allegiance and
registering and said oath in the LCR. Repatriation results in the recovery of the original
nationality. This means that if he was originally natural born before he lost his Phil
citizenship, he will be restored to his former status as a natural born citizen.
- the determining factor in the status of natural born citizen is right from birth as
distinguished from a naturalized citizen. (this is the liberal view applied also in Aznar vs.
COMELEC)
performance of an act or acts that would show that the person has effective
chosen Phil citizenship.
THIS IS NOT APPLICABLE IN OUR JURISDICTION:
a.
b.
c.
d.
a.Direct Naturalization
3. JUDICIAL NATURALIZATION
Substantive Requirements:
1. Age must be not less that 18 years old at the time of the filing;
2. Residence for a continuous period of at least 10 years but reduced to 5 in the
ff. cases:
a. born in the Phils;
b. married to a Filipino woman;
c. served in the govt or held office which was allowed in the 1938 Const.;
d. served as a teacher in a private or public school for not less than 2 years;
e. made a useful invention or industry.
3. Character good moral character, believes in the constitution and conducted
himself in an irreproachable conduct during his stay in the Philippines
1. ADMINISTRATIVE NATURALIZATION
5. Education - requirements
a. able to speak and write Filipino or English or any Philippine dialect;
b. must have enrolled his children in a recognize school in the Phils which teaches
Phil history, civics and govt (this reqt is for minor children)
Procedural Requirements:
Procedure
a pay P 40,000 upon filing of the petition
b. publication
c. SCON shall consider and review
d. Payment of p 150,000 if committee approves
e. Oath taking, pay, another P 50,000
2. LEGISLATIVE NATURALIZATION
1. individual proceedings
A. under the Gen. Naturalization laws;
B. special act of legislature citizens is considered act a natural
Born
C. by Presidential Decree
f. persons who during their period of their residence in the Phils. have nor mingled
socially with Filipinos, or who have not evinced a sincere desire to learn and
embrace he customs, traditions and ideals of the Filipinos;
Republic vs dela Rosa: The procedure under the Revised Naturalization Law must
be strictly complied with.
g. citizens or subjects of a foreign country whose laws do not grant Filipinos the
right to become naturalized citizens or subject thereof.
Valles vs Comelec (337 SCRA 543): The mere fact that Lopez was a holder of an
Australian passport and had an ACR are not acts constituting an effective
renunciation of Filipino citizenship. For renunciation to effectivity result in the
loss of citizenship, the same must be express.
b.Derivative Naturalization,
GROUNDS FOR LOSS OF CITIZENSHIP:
conferred on:
a.
b.
c.
Status of Children:
A. Minor child born BEFORE naturalization
2.
3.
1.
2.
4.
foreign
DUAL ALLEGIANCE
SUFFRAGE
Section 5, Article IV: Dual allegiance is inimical to the national interest and shall be
dealt with by law.
- this is a NON SELF-EXECUTING provision
-Sec 40 of the LOCAL GOVT CODE dual citizenship is a disqualification for LOCAL
elective position (BUT SC clarified that it means DUAL ALLEGIANCE)
-Mercado vs Manzano (307 SCRA 630): Dual citizenship is different from dual
allegiance frowned upon by the 1987 Constitution. The former arises when, as a result of
the concurrent application of different laws of 2 or more States, a person is
simultaneously owes, by some positive act, loyalty to 2 or more states. While dual
citizenship is voluntary, dual allegiance is the result of an individuals volition. The
phrase dual citizenship in RA 7160 must be understood as referring to dual allegiance.
= the ACT OF FILING A COC IS SUFFICIENT TO TERMINATE THE
STATUS OF A PERSON AS A DUAL CITIZEN.
-Caasi vs. Court of Appeals (191 SCRA 229): US green card holders are disqualified to
run for electoral positions. The green card holder must have waived his status as a
permanent resident or immigrant of the US. The waiver of his green card should be
manifested by some act or acts independent of and done prior to filing candidacy for
elective office in this country. Without such prior waiver, Merito Miguel was disqualified
to run for any elective office.
QUALIFICATIONS:
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2)
3)
4)
5)
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2)
3)
Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
Insane or feeble-minded persons.
4blue95 notes: Under the 2 nd disqualification, the right to vote is automatically reacquired upon the expiration of 5 years after the service of sentence.
Addl.
1. legislative acts of states
2. Voluntary act of the individual concerned LIKE RA 9225.
GREENCARD HOLDER
2.
b.
A person who is a greencard holder can vote in the Philippines so long as (according
to RA 9189):
(1)he execute an affidavit that he promise that he will have actual physical residence in
the Philippines NOT LATER THAN 3 YRS from approval of registration and
(2) he did not apply for citizenship in any other country.
2010 notes: In Velasco case, an ABSENTEE VOTER can vote in National Elections
but not in Local elections because of the residency requirement.
Dual Citizens under RA 9225 who has not established the mandated residency
requirement cannot vote in Local Elections.