Laws & Jurisprudence
PHILIPPINE CITIZENSHIP
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Citizenship
It is membership in a political community which is personal and more or less permanent in character.
Modes of acquiring citizenship
1. By birth
a. Jus sanguinis – acquisition of citizenship on the basis of blood relationship.
Note: Jus sanguinis and naturalization are the modes followed in the Philippines.
b. Jus soli – acquisition of citizenship on the basis of the place of birth.
2. By naturalization – the legal act of adopting an alien and clothing him with the privilege of a native‐born citizen.
3. By marriage
Citizens of the Philippines
1.Those who are Filipino citizens at the time of the adoption of the 1987 Constitution:
a. Those who are citizens under the Treaty of Paris;
b. Those declared citizens by judicial declaration applying the jus soli principle
c. Those who are naturalized in accordance with law. (Act 2927)
d. Those who are citizens under the 1935 Constitution.
e. Those who are citizens under the 1973 Constitution.
2. Those whose fathers or mothers are Filipino citizens.
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
Note: Time to elect: within 3 years from reaching the age of majority.
4. Those naturalized in accordance with law.
Natural‐born citizens
1. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
2. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
Rule regarding marriage of a Filipino with an alien
The Filipino retains Philippine citizenship EXCEPT If, by their act or omission they are deemed, under the law, to have renounced it.
Grounds for loss of Philippine citizenship
1. Naturalization in a foreign country; or
2. Express renunciation of citizenship (expatriation); or
Note: The mere application or possession of an alien certificate of registration does not amount to renunciation (Mercado v. Manzano, G.R. No. 135083, May 26, 1999).
3. Subscribing to an oath of allegiance to the constitution or laws of a foreign country upon attaining 21 years of age; or
Note: Citizens may not divest citizenship when the Philippines is at war.
4. Rendering service to or accepting commission in the armed forces of a foreign country; or
Note: It shall not divest a Filipino of his citizenship if:
(a) the Philippines has a defensive and/or offensive pact of alliance with the said foreign country;
(b) the said foreign country maintains armed forces in the Philippine territory with its consent provided that at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with its service to said foreign country.
5. Cancellation of certificate of naturalization; or
6. Having been declared by final judgment a deserter of the armed forces of the Philippines in times of war.
7. In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her husband’s country, she acquires his nationality.
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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