CITIZENSHIP NOTES

WHO ARE CITIZENS OF THE PHILIPPINES?

Art. IV, 1987 CONSTITUTION:

Sec. 1.1 Citizens of the Philippines at the time of the adoption of this Constitution
a. Under Treaty of Paris
b. Under 1935 Constitution
a. (FPJ case) “Persons whose fathers are Filipino citizens regardless of whether
such child is legitimate or illegitimate, are Filipino citizens.”
c. Under 1973 Constitution
d. Naturalized in accordance with the law

Sec. 1.2. Whose fathers OR mothers are citizens of the Philippines

Sec. 1.3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon attaining the age of majority.
 Q: What is the scope of the right of election given by the 1935 Constitution?
 “Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship.”
Q: For a child to elect Philippine citizenship from the 1935 provision, when must a
mother be a citizen of the Philippines?
 The mother be a Filipino citizen, either by birth or by naturalization,
at the time of her marriage.
Q: Assuming that the mother lost her Philippine citizenship by marriage but
subsequently reacquired it during the minority of the child, does the minor child
automatically acquire the citizenship of her mother or must he still elect
Philippine citizenship or must he still elect Philippine citizenship?
 Jurisprudence provides that it is still necessary for the child to make
the election if he wishes to become a Filipino citizen.
Q: How soon after reaching majority should the child make the election?
 3 years is the reasonable period within which the child must make the
election. After such period, the right is lost. Extension may be justified
under justifiable circumstances.
 Q: What is the relation between the right of election under 1973 and 1987
constitution, and the right of election given by the 1935 constitution?
o With the adoption of Sec. 2, 1972 Constitution, “Filipina who marries an alien
were allowed to retain their original citizenship”
o And which by Sec. 1 (2), which allowed the child to follow the citizenship of
his Filipino mother, a child born under the 1973 Constitution of a Filipino

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 mother would not have to make the election in order to acquire Philippine
citizenship.
o BUT, since the new provision is NOT retroactive, provision had to be made
for legitimate children born of Filipino mothers under 1935 Constitution who
by reason of minority had not yet exercised their option when 1973
Constitution took effect.
 Q: Can the right to elect Philippine citizenship still available to children born after
the 1973 Constitution took effect?
 NO. Sec. 1(3) of 1973 Constitution is intended only as a transitory
provision for children born under the 1935 Constitution who had not
yet reached the age of majority when 1973 Constitution took effect.
1973 Constitution does not grant but merely preserves a right
already acquired.
Q: Should a statutory right of election (upon reaching the age of majority) be
granted by the Congress to minors covered by 1935 Constitution, will a child who
elects under such statute be a natural-born citizen under Sec. 2?
 NO. Because the election would not be in virtue of Sec. 1 (3).

Sec. 1.4. Those who are naturalized in accordance with law.

a. Modes of Naturalization
a. Voluntary (Naturalization is not a matter of right.)
i. Judicial – CA 473 (June 17, 1939)
Q: Does the judicial grant of the Filipino citizenship extend to
minor children under parental authority? YES.
ii. Administrative – RA 9139
iii. Legislative
1. Phil. Bill 1902 – “mass naturalization” of “all inhabitants of
the Philippine Islands continuing to reside in them who
were Spanish subjects on 11 April 1899 and then resided in
said islands.”
b. Involuntary