cnl comparison of philippines citizenship laws report

7/31/2019 Cnl Comparison of Philippines Citizenship Laws Report

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COMPARISON OF

PHILIPPINE

CITIZENSHIP LAWS


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A ) Spanish Laws on Citizenship

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

a. Foreigners who are naturalized and born onSpanish kingdoms

b. Residents converted to Catholic religion

c. Self-supporting and establish domiciled. Ask and obtain residence in any town

e. Marry Spanish women and domicile therein

The ff. are Spanish citizens :


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The ff. are Spanish citizens :f. Acquires real properties

g. Have trade or profession and practice

h. Practice mechanical trade (business)

i. Reside for a period of 10 years in hisown home

j. Naturalized foreigners

"Kingdoms" - colony or countries where Spain hassovereignty.

Philippines as its colony is one of its kingdom


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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 Spanishdominions or on a Spanish vessel and do not elect

Spanish citizenship.

c. Spaniards who acquire another nationality

d. Spanish women who marry a foreigner


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3. Ley Extranjera de UltramasLaw 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 "foreignfathers and Spanish mothers

c. Born in Spanish territory of "foreignparents (fathers and mothers)"


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d. Spaniards who lost their citizenship

e. Born outside Spanish territory of parents

who lost their citizenshipf. Spanish woman married to a foreigner.


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B ) Treaty of Paris

To end the war US and Spain signed Treaty ofParis on Dec. 10, 1898 wherein Spain yieldedthe 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 whoremained in the Philippines but declared incourt a record of intention to retaintheir Spanish citizenship.)


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b. A child under parental authority whosefathers did not take Spanish citizenship

If the child has no parent or guardian in thePhil at the time the treaty was ratified he isa Spanish citizen.


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C ) The Philippine Bill

- enacted by US Congress on July 1, 1902- meant to prepare Filipinos for independenceand self-governance for a period of at most 8years

- it became guide for the administration of civilgovt. of the Phil. for 14 years

- has little character of a constitutional act

- lacking are provisions for establishing theframework of the govt., limiting governmentalpowers and provide for the executive,legislative and judicial branches


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a. All inhabitants of the Philippines who continueto reside who were Spanish subjects on April11, 1898 and continues to reside

b. Children born subsequent there to (shall becitizens of Phil. and as such entitled to USprotection

c. Those covered by the provisions of Phil.

legislature to provide a law for the acquisitionof Phil. Citizenship

d. Other persons residing in the Phil. who couldbecome US citizens

The ff. are citizens of the Philippines :


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e. Those considered citizens under the Treaty of

Paris


- - all born after Apr. 11, 1899 to Spanish parents and continuesto 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 Sanguiniscitizenship by blood = dual citizenship

- - both Chinese parents born in Phil. = Filipino citizen(taken to father's land should elect citizenship).


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Citizenship may be lost by action eitherexpressly or impliedly :

- expatriation is the voluntary renunciation ofnationality

- actual renunciation may be necessary toforfeit citizenship ( absence of a prolonged

period without the intention to return )- commission of crimes


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Roa vs. Collector of Customs

- July 6, 1889 Roa was born to Chinesefather and Filipino mother

- 1985 his father went to China and diedthere 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 Inquirythat he takes the Chinese nationality ofhis father


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Is Roa a Filipino?

- His mother before marriage was a Spanish

- Upon his fathers death which occurred afterthe Phil. was ceded to US, she reacquired herFilipino citizenship

- During the lifetime of the father minor childfollow his nationality

- It logically follows that the widow placingherself and her child within the jurisdiction ofthe US on his fathers death reacquires herformer nationality


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- And she being the guardian of her childshould follow her nationality with the proviso that onbecoming age they may elect for themselves

- The nationality of Roa having followed thaton his mother was therefore a citizen of the Phil. onJuly 1, 1902 and never having expatriated himself hestill remains a Filipino citizen.


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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 acquiringPhil. citizenship ( Act 2927 Phil.Legislature in 1920 )


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The ff. may acquire citizenship thru"naturalization" :

1. Natives of the Phil. who are not citizens2. Natives of insular possessions of the US

3. Natives of US

4. Foreigners who may become US citizensbut resides in Phil.


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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 topublic office before the adoption of theconstitution

3. Those whose fathers are citizens of the Phil.

4. Those whose mothers are citizens of the Phil, andelect on majority age to be a Filipino

5. Those who are naturalized in accordance with law

- citizenship may be lost or reacquired


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The ff. are given the privilege toNaturalization

1. Natives of the Phil. (not citizens) - notliving in the Phil. on April 11, 1899

2. Natives of insular possessions of the US

3. Residents of the Phil. who are UScitizens

4. Residents of the Phil. who could becomeUS citizens


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- Principle of "Jus Sanguinis" was not applicable priorto 1935 Constitution

- Blood relationship serve as a "better guarantee" tothe loyalty of the country of a person

- delegate Fermin Caram

- Child of a Filipino mother has an "inchoate" right tobecome Filipino

- Illegitimate child follows the nationality of mother

On naturalization of non-citizens :Naturalization is the legal act of adopting analien and clothing him with the rights that belongto natural-born citizens.


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F ) The 1973 Constitution

Article lll, Sec. 2 states the ff. as citizens ofthe Phil.

1. Citizens of the Philippines at theadoption of this constitution

2. Those whose fathers or mothers arecitizens of the Phil.

3. Those who elect Phil. citizenship

pursuant to 1935 Constitution4. Those who are naturalized in accordance

with law


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- it protected the continued enjoyment ofPhil. citizenship to those who has the rightas of Jan. 17, 1973

- it followed the principle of jus sanguinis..

unlike in 1935 constitution, 1973constitution placed Filipino mothers equal toFilipino fathers, but mothers should beFilipino citizen at the time of the birth of

the child. He must be born of a Filipinomother on or before Jan. 17, 1973


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Sec. 2(3) - child born of a Filipina mothermarried to an alien is an alien unless thechild 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


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The Case of FPJ:Tecson, et. al. V. Commission on Elections

- Lorenzo Pou, FPJs lolo, a Spanish married MartaReyes a mestiza

- They had a son Allan F. Poe, a Spanish and married

the following:

1. Paulita Gomez petitioners introduced anuncertified copy of supposed alleged marriage

certificate made on July 5, 19362. Bessie Kelley an American on September 16,1940. Allan F. Poe was stated to be 25 years old,unmarried, Filipino citizen. Bessie Kelley anAmerican citizen 21 years old and married


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Citizenship of FPJs

grandfather Lorenzo Pou

Records showed that he died 84 years oldin San Carlos, Pangasinan.

It can be assumed that he was born in theyear 1870 when Philippines is still aSpanish colony but there is no record.

Petitioner argued that he is not in thePhilippines in the crucial years of 1898 to1902, but failed to prove that he is at anyother place during the same period.


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His death certificate showed that he diedon Sept. 11, 1954 at San Carlos, Pangasinan.

The court presumed that the residence ofthe person at the time of his death wasalso his residence before death.

The court concluded that Lorenzo Pou isassumed to be in the Philippines in April 11,1891, being a Spanish subject who continueto reside in the Philippines withoutpreserving his allegiance to Spain wasconverted to A Filipino citizen inaccordance with Philippine Bill of 1902.


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Lorenzo Poe now being a Filipino.. Allan Poeis also a Filipino upon birth.. And FPJ islikewise held to be a natural-born Filipinoin accordance with the 1935 Constitution.


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G ) The 1987 Constitution

1. Those who are citizens at the time of the adoption ofthis constitution

2. Those whose fathers or mothers are Filipino citizens- principle of jus sanguinis still applies as in 1973Constitution women is on the same footing as men- principle of parental authority is still applicable andapplies only on legitimate children, not to adopted orillegitimate children

- mothers have parental authority over illegitimatechild- adopted children (not related by blood) do notfollow the adoptive parent's citizenship, but under

their parental authority



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3. Those born after the adoption of the 1973Constitution of Filipino mothers, and alsoprovides the transitory period

4. Natural-born - citizens of the Phil. frombirth-those who elect Phil. citizenship shall bedeemed natural-born

- a person who loses and reacquires hiscitizenship is considered naturalized one,except reacquiring it through repartriation,where one regains his former citizenship.



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1. Commonwealth Act #63 for natural- born andnaturalized citizens

Lost thru naturalization in a foreign countryby :

a. Express renunciation of citizenship - byoath of allegiance to foreign country

b. Rendering service in the armed forces of aforeign country

c. Being a deserter of the armed forces

Loss of Citizenship is governed by 2 laws


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2. Commonwealth Act #473 - certificate ofnaturalization may be cancelled if

a. Found fraudulently obtained by permanentresidence in the country of origin within 5years of naturalizationb. Petition is found to have been made oninvalid declaration of intent

c. There is failure to comply with therequirement of educating minor children

d. A person allows himself to be used as a"dummy" for aliens.

Loss of Citizenship is governed by 2 laws


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Sec. 5 : recognizes the problem of dualallegiance, but leaves concrete ways ofdealing with it Dual citizenship (covered byRA 9225) provides that natural-born

citizens of the Phil. who becomes citizens ofa foreign land shall retain their citizenshipafter taking an oath.


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Article IV

CitizenshipSection 1. The following are citizens of the

Philippines:

(1) Those who are citizens of the Philippines atthe 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, ofFilipino mothers, who elect Philippine citizenship uponreaching the age of majority; and

(4) Those who are naturalized in accordance

with law.


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Sec 2. Natural born citizens are thosewho are citizens of the Philippines frombirth without having to perform any act toacquire or perfect their Philippinecitizenship. Those who elect Philippinecitizenship in accordance with paragraph (3),Section 1 hereof shall be deemed natural-

born citizens.


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Sec 3. Philippine citizenship may be lostor re-acquired in the manner provided bylaw.

Sec 4. Citizens of he Philippines whomarry aliens shall retain their citizenship,unless by their act or omission they are

deemed, under the law, to have renounced it.


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Sec 5. Dual allegiance of citizens isinimical to the national interest and shall bedealt with by law.

cnl comparison of philippines citizenship laws report

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