FOR SESSION 6

Prepare for GRADED RECITATION/QUIZ covering the following:

1. Continuation of Article II – Declaration of Principles and State Policies

2. Article IV – Citizenship

a. Textbook – Fr. Joaquin Bernas

b. Codal Provisions – Article IV, Sections 1-5
c. SC Cases (see outline below)

OUTLINE
Continuation of ARTICLE II – DECLARATION OF PRINCIPLES & STATE POLICIES

ARTICLE IV – CITIZENSHIP

1. Citizens of the Philippines:

- Before the 1935 Constitution
o Philippine Bill of 1902 (En Masse Filipinization)
§ Co vs. HRET, GR 92191, July 30, 1991
§ Tecson vs. Comelec, GR 161434, March 3, 2004
o Act 2927 - Naturalization Law of March 26, 1920
o Act 3448 – Amended Naturalization Law of November 30, 1928
o Roa Doctrine (re: res judicata)
- 1935 Constitution
- 1973 Constitution
- 1987 Constitution
o Jus Sanguinis vs. Jus Soli

2. Policy against Dual Allegiance

- Mercado vs. Manzano, GR 135083, May 26, 1999
- Lopez vs. Comelec, GR 182701, July 23, 2008
- Jacot vs. Dal, GR 179848, Nov. 26, 2008

3. Naturalization
- Modes of Naturalization
o Direct
§ Judicial naturalization under C.A. 473, as amended (under Revised
Naturalization Law)
§ Administrative naturalization under R.A. 9139
• R.A. 9139 - The Administrative Naturalization Law of 2000
• So vs. Republic, GR 170603, Jan. 29, 2007
§ Special Act of Legislature

o Derivative
§ wife of naturalized husband
§ minor children of naturalized person
§ alien woman upon marriage to a national

4. Natural-born Citizen
- Natural-born citizens vs. Naturalized citizens

5. Loss of Citizenship -
- How citizenship is lost (under C.A. 63)
o by naturalization in a foreign country
 o by express renunciation of citizenship
o by oath of allegiance to a foreign country
o by rendering service in the armed forces of a foreign country
o by cancellation of certificate of naturalization
o by being a deserter of the armed forces in time of war
o By Filipino women upon marriage to a foreigner, if by virtue of the laws in
force in her husbands country, she acquires his nationality
- Frivaldo vs. Comelec, GR 87193, June 23, 1989

6. Reacquisition of Citizenship -
- Citizenship once lost may be reacquired:

o Under C.A. 63
§ by naturalization
§ by repatriation (by being a deserter of the army, navy or air corp)
§ by direct act of Congress

o Under R.A. 965 – by rendering service to foreign armed forces during WWII

o Under R.A. 2630 – by rendering service to foreign armed forces during any
other time (Bengzon III vs. HRET, GR 142840, May 7, 2001)

o Under R.A. 8171 – Filipino women married to foreigners and natural-born

citizens by reason of political or economic necessity (Altajeros vs. Comelec,
GR 163256, Nov. 10, 2004)

o Under R.A. 9225 – Citizenship Retention and Re-Acquisition Act of 2003

(Calilung vs. Secretary of Justice, GR 160869, May 11, 2007)

o POE-LLAMANZARES VS. COMELEC, GR 221697, MARCH 8, 2016