Citizenship is personal and more or less permanent membership in a political community. It denotes possession within that particular political community of full civil and political rights subject to special disqualifications such as minority.

This status confers upon the individual certain prerogatives which may be denied the alien. Thus, the citizen enjoys certain exclusive rights, such as the rights to vote, to run for public office, to exploit natural resources, to operate public utilities, to administer educational institutions, and to manage the mass media. Reciprocally, it imposes the duty of allegiance to the political community.

The primary law governing Philippine citizenship is the Constitution as it provides in Art. IV Sec. 1(2), the following are considered 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 thePhilippines.

(3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon attaining the age of majority.

(4) Those who are naturalized in accordance with law.

The Philippines follows the jus sanguinis rule where the child follows the citizenship of his mother or father regardless of the place of birth. Furthermore, our Constitution expressly provides that Philippine citizenship may be lost and reacquired in the manner provided by law. Thus, our Congress can provide for specific grounds that could result in loss of one's Philippine citizenship such as those provided under Commonwealth Act No. 63.

Before the enactment of Commonwealth Act No. 63, as amended, there was no law providing for causes which may result in the forfeiture of Philippine citizenship, but international law recognizes expatriation, naturalization in a foreign country, military service rendered in and for another country, and marriage of a female citizen to a foreigner—to cite some instances—as causes which may give rise to the loss of citizenship.

In the case of Casan Macode Maquiling vs COMELEC 696 SCRA 420, the supreme court outlined a mode of renunciation, thus of loss of citizenship provided under CA No. 63. The Supreme Court stated that " While the act of using a foreign passport is not one of the acts enumerated in Commonwealth Act No. 63 constituting renunciation and loss of Philippine citizenship, it is nevertheless an act which repudiates the very oath of renunciation required for a former Filipino citizen who is also a citizen of another country to be qualified to run for a local elective position."

Commonwealth Act No. 613, was the foremost law governing immigration of Filipino citizens and aliens. The powers of the commissioner of Immigration provided for the implementation and regulation of immigration laws of the country including the examination of the right of aliens to enter or remain in the Philippines. For this purpose, the Board of Commissioners shall have the power to review cases for admission of aliens in the country. Thus the supreme court in the case of Lao Gi vs. Court of Appeals, 180 SCRA 756 [1989], stated that "it is beyond cavil that the Bureau of Immigration has the exclusive authority and jurisdiction to try and hear cases against an alleged alien, and in the process, determine

also their citizenship. Although, In one case, Board of Immigration Commissioners vs Beato Go Collano, it was held that the in the case of an alien, decisions of the Board of Immigration Commissioners, like that of any other administrative body, do not constitute res judicata so as to bar a re-examination of the alien's right to enter or stay.

The provisions of CA No. 613 provide for aliens which may be considered as non immigrants in the Philippines.

Sec. 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one of the following categories, may be admitted as nonimmigrants:

(a) A temporary visitor coming for business or for pleasure or for reasons of health;

(b)A person in transit to a destination outside the Philippines;

(c)A seaman serving as such on a vessel arriving at a port of the Philippines and seeking to enter temporarily and solely in the pursuit of his calling as a seaman;

(d)Alien businessman. - An alien entitled to enter the Philippines under and in pursuance of the provisions of a treaty of commerce and navigation:(1) solely to carry on substantial trade principally between the Philippines and the foreign state of which he is a national; or (2) solely to develop and direct the operations of anenterprise in which, in accordance with the Constitution and the laws ofthe Philippines he has invested or of an enterprise in which he is actively in the process of investing, a substantial amount of capital; and his wife, and his unmarried children under twenty-one years of age, if accompanying or following to join him, subject to the condition that citizens of the Philippines are accorded like privileges in the foreign state of which such alien is a national;

(e) An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants, and employees;

Commonwealth Act No. 613 even further provided the first provisions on immigrants and even dual citizenship in our country. Hence, section 13 and 14 provide:

IMMIGRANTSSec. 13. Under the conditions set forth in this Act, there may be admitted into the Philippines immigrants, termed "quota immigrants" not in excess of fifty (50) of any one nationality or without nationality for any one calendar year, except that the following immigrants, termed "non-quota immigrants," may be admitted without regard to such numerical limitations.The corresponding Philippine Consular representative abroad shall investigate and certify the eligibility of a quota immigrant previous to his admission into the Philippines. Qualified and desirable aliens who are in the Philippines under temporary stay may be admitted within the quota, subject to the provisions of the last paragraph of Section 9 of this Act.

(a) The wife or the husband or the unmarried child under twenty-one. years of age of a Philippine citizen, if accompanying or following to join such citizen;

(b) A child of alien parents born during the temporary visit abroad of the mother, the mother having been previously lawfully admitted into the Philippines for permanent residence, if the child is accompanying or coming to join a parent and applies for admission within five years from the date of its birth;

(c) A child born subsequent to the issuance of the immigration visa of the accompanying parent, the visa not having expired;

(d) A woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under twenty- one years of age, if accompanying or following to join her;

(e) A person previously lawfully admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines;

(f) A natural-born citizen of the Philippines, who has been naturalized in a foreign country, and is returning to the Philippines for permanent

Sec. 14. Persons with dual nationality - The nationality of an immigrant whose admission is subject to the numerical limitations imposed by Section Thirteen of this Act shall be that of the country of which the immigrant is a citizen or subject, self-governing dominions being treated as separate countries. The nationality of an immigrant possessing dual nationality may be that of either of the two countries regarding him as a citizen or subject if he applies for a visa in a third country, but if he applies for such visa within one of the two countries regarding him as a national, his nationality shall be that of the country in which he shall file his application.

Furthermore, the law provides for grounds for deportation through recommendation by the Board of Commissioners. Deportation of an undesirable alien may be effected in two ways: (1) by order of the President, after due investigation, pursuant to Section 69 of the Revised Administrative Code; and (2) by the Commissioner of Immigration, upon recommendation by the Board of Commissioners, under Section 37 of Commonwealth Act No. 613. In the case of Qua Chee Gan vs. Deportation Board, 9 SCRA 27(1963) it was also further provided that an economic sabotage—is a ground for deportation under the provisions of Republic Act No. 503 amending Section 37 of the Philippine Immigration Act of 1940.

GUIDELINES ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND SEAPORTS IN THE COUNTRY

III. IMMIGRANT OR PERMANENT RESIDENT VISA

1. Filipino emigrants/residence visa or permit holders / permanent resident card holders

Travelers falling under this visa category shall present the following documents for primary inspection: a) Passportb) Permanent residence visa / immigrant visa / permanent residence cardc) CFO Emigrant registration stickerd) Airline/Sea Craft ticket

2. Filipino spouses and other partners of foreign nationals

Travelers falling under this visa category shall present the following documents for primary inspection:a) Passportb) Permanent residence permit or visa / immigrant visa / permanent residence cardc) Guidance and Counseling Certificated) CFO Emigrant registration stickere) Airline/Sea Craft Ticket

3. Filipino J1 visa holders or Exchange Visitor Program Participants Departing for the USA

Travelers falling under this visa category shall present the following documents for primary inspection:a) Valid passportb) Valid J1 visa for USA

RA 9139 Administrative Naturalization Law of 2000

In So vs. Republic, 513 SCRA 267(2007) the Supreme Court cited the ways of naturalization of an alien in the Philippines. Thus it was held that;

"Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen. Under current and existing laws, there are three ways by which an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien. "

Furthermore in said case, the supreme court clarified the difference between CA No. 473 and RA 9139 with respect to the qualifications and disqualifications of an applicant for naturalization judicially and administratively. Thus it was held.

"Petitioner’s contention that the qualifications an applicant for naturalization should possess are those provided for in R.A. No. 9139 and not those set forth in C.A. No. 473 is barren of merit. The qualifications and disqualifications of an applicant for naturalization by judicial act are set forth in Sections 2 and 4 of C.A. No. 473. On the other hand, Sections 3 and 4 of R.A. No. 9139 provide for the qualifications and disqualifications of an applicant for naturalization by administrative act. Indeed, R.A. No. 9139 was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging. It likewise addresses the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus promoting “brain gain” for the Philippines. These however, do not justify petitioner’s contention that the qualifications set forth in said law apply even to applications for naturalization by judicial act."

"C.A. No. 473 and R.A. No. 9139 are separate and distinct laws—the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions. To reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging which is administrative rather than judicial in nature. Thus, although the legislature believes that there is a need to liberalize the naturalization law of the

Philippines, there is nothing from which it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139. What the legislature had in mind was merely to prescribe another mode of acquiring Philippine citizenship which may be availed of by native born aliens. The only implication is that, a native born alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed qualifications and disqualifications."

The law outlines the qualifications as well as disqualifications for naturalization in the Philippines.

SEC. 3. Qualifications. — Subject to the provisions of the succeeding section, any person desiring to avail of the benefits of this Act must meet the following qualifications:(a) The applicant must be born in the Philippines and residing therein since birth;(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her petition;(c) The applicant must be of good moral character and believes in the underlying principles of the Constitution, and must have conducted himself/herself in a proper and irreproachable manner during his/her entire period of residence in the Philippines in his relation with the duly constituted government as well as with the community in which he/she is living;(d) The applicant must have received his/her primary and secondary education in any public school or private educational institution duly recognized by the Department of Education, Culture and Sports, where Philippine history, government and civics are taught and prescribed as part of the school curriculum and where enrollment is not limited to any race or nationality: Provided, That should he/she have minor children of school age, he/she must have enrolled them in similar schools;(e) The applicant must have a known trade, business, profession or lawful occupation, from which he/she derives income sufficient for his/her support and if he/she is married and/or has dependents, also that of his/her family: Provided, however, That this shall not apply to applicants who are college degree holders but are unable to practice their profession because they are disqualified to do so by reason of their citizenship;(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the Philippines; and(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.

SEC. 4. Disqualifications. — The following are not qualified to be naturalized as Filipino citizens under this Act:(a) Those opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;(b) Those defending or teaching the necessity of or propriety of violence, personal assault or assassination for the success or predominance of their ideas;(c) Polygamists or believers in the practice of polygamy;(d) Those convicted of crimes involving moral turpitude;(e) Those suffering from mental alienation or incurable contagious diseases;(f) Those who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos;(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be naturalized citizens or subjects thereof.