COMPARISON OF PHILIPPINE CITIZENSHIP LAWS

A ) Spanish Laws on Citizenship

1. Law 3, Book 6, Title 11 of Novisima Recopilacion - promulgated in Spain on July 16, 1805

The ff. are Spanish citizens : a. Foreigners who are naturalized and born on Spanish kingdoms b. Residents converted to Catholic religion c. Self-supporting and establish domicile d. Ask and obtain residence in any town e. Marry Spanish women and domicile therein

The ff. are Spanish citizens :

f. g. h. i. Acquires real properties Have trade or profession and practice Practice mechanical trade (business) Reside for a period of 10 years in his own home j. Naturalized foreigners "Kingdoms" - colony or countries where Spain has sovereignty. Philippines as its colony is one of its kingdom

2. Royal Decree of Aug. 23, 1868 - especially made for the Philippines

The ff. are considered foreigners of Spain :

a. Legitimate and recognized natural children of "foreign father" Legitimate and recognized natural children of "foreign mother"
b. Children on the first provision born on Spanish dominions or on a Spanish vessel and do not elect Spanish citizenship. c. Spaniards who acquire another nationality d. Spanish women who marry a foreigner

3. Ley Extranjera de Ultramas Law on July 8, 1870 which was extended to the Philippines by Royal Decree of 1870 ; published in Official Gazette on Sept. 18, 1870
The ff. are foreigners :

a. Those born of foreign parents outside Spanish territory b. Born outside Spanish territory of "foreign fathers and Spanish mothers c. Born in Spanish territory of "foreign parents (fathers and mothers)"

d. Spaniards who lost their citizenship e. Born outside Spanish territory of parents who lost their citizenship f. Spanish woman married to a foreigner.

B ) Treaty of Paris
To end the war US and Spain signed Treaty of Paris on Dec. 10, 1898 wherein Spain yielded the Philippines to US The ff. are citizens of the Philippines :

a. Native and Spanish subjects who did not leave the Phil., remain and adopted Phil. citizenship (except Spanish citizens who remained in the Philippines but declared in court a record of intention to retain their Spanish citizenship.)

b. A child under parental authority whose fathers did not take Spanish citizenship If the child has no parent or guardian in the Phil at the time the treaty was ratified he is a Spanish citizen.

C ) The Philippine Bill

- enacted by US Congress on July 1, 1902 - meant to prepare Filipinos for independence and self-governance for a period of at most 8 years - it became guide for the administration of civil govt. of the Phil. for 14 years - has little character of a constitutional act - lacking are provisions for establishing the framework of the govt., limiting governmental powers and provide for the executive, legislative and judicial branches

The ff. are citizens of the Philippines :

a. All inhabitants of the Philippines who continue to reside who were Spanish subjects on April 11, 1898 and continues to reside b. Children born subsequent there to (shall be citizens of Phil. and as such entitled to US protection c. Those covered by the provisions of Phil. legislature to provide a law for the acquisition of Phil. Citizenship d. Other persons residing in the Phil. who could become US citizens

The ff. are citizens of the Philippines :

e. Those considered citizens under the Treaty of Paris
- all born after Apr. 11, 1899 to Spanish parents and continues to reside in the Phil. ( "Ipso Facto" citizens ) - doctrine "Jus Soli" citizenship by birth prevailed - foreign woman who marries Filipino man = Filipino - Chinese father and Filipina mother = Filipino child - minor child taken to father's country during minority = Filipino; - if father claimed them under the principle of "Jus Sanguinis citizenship by blood = dual citizenship - both Chinese parents born in Phil. = Filipino citizen (taken to father's land should elect citizenship).

Citizenship may be lost by action either expressly or impliedly : - expatriation is the voluntary renunciation of nationality - actual renunciation may be necessary to forfeit citizenship ( absence of a prolonged period without the intention to return ) - commission of crimes

Roa vs. Collector of Customs

- July 6, 1889 Roa was born to Chinese father and Filipino mother
- 1985 his father went to China and died there on 1900 - 1901 his mother sent Roa to China to study - 1910 Roa returned to Phil. and was denied admission by the Board of Special Inquiry that he takes the Chinese nationality of his father

Is Roa a Filipino?
-

His mother before marriage was a Spanish Upon his fathers death which occurred after the Phil. was ceded to US, she reacquired her Filipino citizenship

During the lifetime of the father minor child follow his nationality
It logically follows that the widow placing herself and her child within the jurisdiction of the US on his fathers death reacquires her former nationality

- And she being the guardian of her child should follow her nationality with the proviso that on becoming age they may elect for themselves - The nationality of Roa having followed that on his mother was therefore a citizen of the Phil. on July 1, 1902 and never having expatriated himself he still remains a Filipino citizen.

D ) The Philippine Autonomy Act

superseded the Philippine Bill more superior than the Phil. Bill mirrored a constitution retained in "toto" Sec. 4 of The Philippine Bill - provides for a suppletory law for acquiring Phil. citizenship ( Act 2927 Phil. Legislature in 1920 )

The ff. may acquire citizenship thru "naturalization" : 1. 2. 3. 4. Natives of the Phil. who are not citizens Natives of insular possessions of the US Natives of US Foreigners who may become US citizens but resides in Phil.

E ) The 1935 Constitution

Art. 4 states the ff. as citizens of the Phil. 1. Citizens at the adoption of this constitution 2. Born in the Phil. of foreign parents but elected to public office before the adoption of the constitution 3. Those whose fathers are citizens of the Phil. 4. Those whose mothers are citizens of the Phil, and elect on majority age to be a Filipino 5. Those who are naturalized in accordance with law - citizenship may be lost or reacquired

The ff. are given the privilege to Naturalization 1. Natives of the Phil. (not citizens) - not living in the Phil. on April 11, 1899 2. Natives of insular possessions of the US 3. Residents of the Phil. who are US citizens 4. Residents of the Phil. who could become US citizens

Principle of "Jus Sanguinis" was not applicable prior to 1935 Constitution Blood relationship serve as a "better guarantee" to the loyalty of the country of a person delegate Fermin Caram Child of a Filipino mother has an "inchoate" right to become Filipino Illegitimate child follows the nationality of mother

On naturalization of non-citizens : Naturalization is the legal act of adopting an alien and clothing him with the rights that belong to natural-born citizens.

F ) The 1973 Constitution

Article lll, Sec. 2 states the ff. as citizens of the Phil. 1. Citizens of the Philippines at the adoption of this constitution 2. Those whose fathers or mothers are citizens of the Phil. 3. Those who elect Phil. citizenship pursuant to 1935 Constitution 4. Those who are naturalized in accordance with law

- it protected the continued enjoyment of Phil. citizenship to those who has the right as of Jan. 17, 1973 - it followed the principle of jus sanguinis.. unlike in 1935 constitution, 1973 constitution placed Filipino mothers equal to Filipino fathers, but mothers should be Filipino citizen at the time of the birth of the child. He must be born of a Filipino mother on or before Jan. 17, 1973

Sec. 2(3) - child born of a Filipina mother married to an alien is an alien unless the child elected Phil. citizenship - if mother reacquired her Phil. citizenship while child is a minor, no need for election Sec. 2(4) - those who are not Filipino citizens by virtue of birth or of Filipino mothers, may become citizen through naturalization

The Case of FPJ:

Tecson, et. al. V. Commission on Elections
- Lorenzo Pou, FPJs lolo, a Spanish married Marta

Reyes a mestiza - They had a son Allan F. Poe, a Spanish and married the following:
1. Paulita Gomez petitioners introduced an

uncertified copy of supposed alleged marriage certificate made on July 5, 1936 2. Bessie Kelley an American on September 16, 1940. Allan F. Poe was stated to be 25 years old, unmarried, Filipino citizen. Bessie Kelley an American citizen 21 years old and married

Citizenship of FPJs grandfather Lorenzo Pou

Records showed that he died 84 years old in San Carlos, Pangasinan. It can be assumed that he was born in the

year 1870 when Philippines is still a Spanish colony but there is no record. Petitioner argued that he is not in the Philippines in the crucial years of 1898 to 1902, but failed to prove that he is at any other place during the same period.

 His death certificate showed that he died on Sept. 11, 1954 at San Carlos, Pangasinan. The court presumed that the residence of

the person at the time of his death was also his residence before death. The court concluded that Lorenzo Pou is assumed to be in the Philippines in April 11, 1891, being a Spanish subject who continue to reside in the Philippines without preserving his allegiance to Spain was converted to A Filipino citizen in accordance with Philippine Bill of 1902.

 Lorenzo Poe now being a Filipino.. Allan Poe

is also a Filipino upon birth.. And FPJ is likewise held to be a natural-born Filipino in accordance with the 1935 Constitution.

G ) The 1987 Constitution

The ff. are citizens of the Philippines : 1. Those who are citizens at the time of the adoption of this constitution 2. Those whose fathers or mothers are Filipino citizens - principle of jus sanguinis still applies as in 1973 Constitution women is on the same footing as men - principle of parental authority is still applicable and applies only on legitimate children, not to adopted or illegitimate children - mothers have parental authority over illegitimate child - adopted children (not related by blood) do not follow the adoptive parent's citizenship, but under their parental authority

The ff. are citizens of the Philippines :

3. Those born after the adoption of the 1973 Constitution of Filipino mothers, and also provides the transitory period 4. Natural-born - citizens of the Phil. from birth -those who elect Phil. citizenship shall be deemed natural-born - a person who loses and reacquires his citizenship is considered naturalized one, except reacquiring it through repartriation, where one regains his former citizenship.

Loss of Citizenship is governed by 2 laws

1. Commonwealth Act #63 for natural- born and naturalized citizens Lost thru naturalization in a foreign country by : a. Express renunciation of citizenship - by oath of allegiance to foreign country b. Rendering service in the armed forces of a foreign country c. Being a deserter of the armed forces

Loss of Citizenship is governed by 2 laws

2. Commonwealth Act #473 - certificate of naturalization may be cancelled if a. Found fraudulently obtained by permanent residence in the country of origin within 5 years of naturalization b. Petition is found to have been made on invalid declaration of intent c. There is failure to comply with the requirement of educating minor children d. A person allows himself to be used as a "dummy" for aliens.

Sec. 5 : recognizes the problem of dual allegiance, but leaves concrete ways of dealing with it Dual citizenship (covered by RA 9225) provides that natural-born citizens of the Phil. who becomes citizens of a foreign land shall retain their citizenship after taking an oath.

Citizenship
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 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 who are naturalized in accordance with law.

Article IV

Sec 2. Natural born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed naturalborn citizens.

Sec 3. Philippine citizenship may be lost or re-acquired in the manner provided by law.
Sec 4. Citizens of he Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

Sec 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.