ARTICLE IV - CITIZENSHIP
CITIZENSHIP; DEFINED
Citizenship is personal and more or less permanent membership in a political community. It
denotes possession within that particular political community full of civil and political rights
subject to special disqualifications such as minority. Reciprocally, it imposes the duty of allegiance
to the political community.
MODES OF ACQUIRING CITIZENSHIP
1. Jus sanguinis – acquisition of citizenship on the basis of blood relation;
2. Jus soli – acquisition of citizenship on the basis of place of birth; and
3. Naturalization – legal act of adopting an alien and clothing him with with the privilege of
a native born citizen.
WHO ARE THE CITIZENS OF THE PHILIPPINES?
1. Those who are citizens of the Philippines at the time of the adoption of the 1987
Philippine Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
4. Those naturalized in accordance with the law.
THOSE WHO ARE CITIZENS OF THE PHILIPPINES AT THE TIME OF THE ADOPTION OF THE 1987
PHILIPPINE CONSTITUTION
- Philippine citizens at the time of the adoption of the 1987 Philippine Constitution were those
who were citizens under the 1973 Philippine Constitution.
1987 PHILIPPINE CONSTITUTION vs. 1973 PHILIPPINE CONSTITUTION AS TO ITS CITIZENS
1987 1973
1. Those who are citizens of the 1. Those who are citizens of the
Philippines at the time of the adoption Philippine Islands at the time of the
of the 1987 Philippine Constitution; adoption of 1935 Constitution;
2. Those whose fathers or mothers are 2. Those born in the Philippine Islands of
citizens of the Philippines; foreign parents, who before the
3. Those born before January 17, 1973, of adoption of this Constitution, had
Filipino mothers, who elect Philippine
citizenship upon reaching the age of been elected to public office in the
majority; and Philippine Islands;
4. Those naturalized in accordance with 3. Those whose fathers are citizens of the
the law. 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 the law.
THOSE WHOSE FATHERS OR MOTHERS ARE CITIZENS OF THE PHILIPPINES
- If a child is born under the 1973 or 1987 Philippine Constitution and either his father or
mother is a Filipino citizen at the time the child is born, the child is a Filipino citizen no
matter where he may be born.
THOSE BORN BEFORE JANUARY 17, 1973, OF FILIPINO MOTHERS, WHO ELECT PHILIPPINE
CITIZENSHIP UPON REACHING THE AGE OF MAJORITY
- This is by virtue of the provision of 1973 Constitution which requires election of
nationality.
- Under Section 1 of CA 625, election must be expressed in a statement sworn before any
officer authorized to administer oaths and filed with the nearest civil registry and
accompanied by an oath of allegiance to the Philippine Constitution.
THOSE NATURALIZED IN ACCORDANCE WITH THE LAW
- An alien wanting to acquire Philippine citizenship must comply with both substantive and
procedural requirements of the law.
SUBSTANTIVE REQUIREMENTS: (SECTION 2, REVISED NATURALIZATION ACT)
• Be over 21 years of age on the day of the petition
• Have lived in the Philippines for at least a 10 year continuous period
• Be of good moral character and support the Philippine constitution
• Have a minimum of P5,000 in real estate, money or have a lucrative job
• Must be able to speak or read English, Spanish or one of the other main languages of the
country
• If the applicant has minor children they must have been enrolled in a school recognized
by the Bureau of Education.
PROCEDURAL REQUIREMENTS:
Procedural requirements vary depending on the naturalization process applied with. An alien
may either undergo the process of the following:
1. Office of Solicitor General;
2. Petition before Judicial; or
3. An act of Congress.
**Note that formal and substantial requirements must be strictly complied with.
LOSS OF CITIZENSHIP; GROUNDS (SECTION 1: COMMONWEALTH ACT 63)
(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;
(4) By accepting commission in the military, naval or air service of a foreign country;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared, by competent authority, a deserter of the Philippine army, navy
or air corps 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 law in force
in her husband’s country, she acquires his nationality.
NO COLLATERAL ATTACK
- In the case of Vilando v. HRET, Supreme Court stated that an attack on a person’s
citizenship may only be done through a direct action for its nullity.
