Constitutions of the Republic of the Philippines

Constitution

The supreme law of the land and established by the people,o which prescribes the permanent framework of the

system of government, o which establishes basic principles upon which the

government founded, and o which defines and allocates to the various organs of

government their respective powers and duties.

History and BackgroundThe Philippine Revolution and the Malolos Constitution

Gen. Aguinaldo established the Revolutionary Government replacing the Dictatorial Government with himself as the President and a Congress whose function was advisory and ministerial.

On Sept. 29, 1898, the Malolos Congress ratified the proclamation of Philippine Independence made by Gen. Emilio Aguinaldo in Kawit, Cavite on June 12, 1898 and framed the so-called Malolos Constitution.

This was the first democratic constitution ever promulgated in the whole Asia, which established a “free and independent Philippine Republic”.

o However, it was not recognized by the family of nations. It was short-lived.

The 1935 Constitution

The original 1935 Constitution provided for unicameral National Assembly and the President was elected to a six-year term without re-election.

Approved on February 8, 1835 It was amended in 1940 to have a bicameral Congress

composed of a Senate and House of Representatives, as well the creation of an independent electoral commission.

o The Constitution now granted the President a four-year term with a maximum of two consecutive terms in office.

The 1935 Constitution was suspended in 1972 with Marcos' proclamation of martial law, the rampant corruption of the constitutional process providing him with one of his major premises for doing so.

The 1973 Constitution

Composed of a preamble and 17 articles, provides for the shift from presidential to parliamentary system of government.

On August 24, 1970, the Congress enacted RA No. 6132, otherwise known as the Constitutional Convention Act, for the purpose of convening a Constitutional Convention.

While in the process of drafting a new Constitution, President Ferdinand Marcos declared Martial Law on September 21, 1972.

On January 17, 1973, President Marcos issued Proclamation No. 1102, announcing the ratification of the Constitution of the Republic of the Philippines.

The constitution was amended in 1976 and 1980.

The 1986 Provisional Constitution

Popularly known as the Freedom Constitution

Promulgated by President Corazon C. Aquino on March 25, 1986

Was a provisional constitution after a successful People Power Revolution.

Under the Freedom Constitution, executive and legislative powers are exercised by the President, and shall continue to exercise legislative powers until a legislature is elected and convened under a new Constitution.

The 1987 Philippine Constitution

The Constitutional Commission of 1986

Was drafted by a Constitutional Commission created under Article V of Proclamation No. 3 issued on March 25, 1986, which promulgated the “Freedom Constitution” through a direct exercise of the power of the Filipino people.

Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace, do ordain and promulgate this Constitution.

What is the function of the Preamble in the Constitution?

It is useful as an aid in ascertaining the meaning of ambiguous provisions in the body of the Constitution. It is thus a source of light.

ARTICLE 1 – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:1. The Philippine archipelago, with all the islands and waters

embraced therein, and2. All other territories over which the Philippines has

sovereignty or jurisdiction,consisting of its

a. Territorial, b. Fluvial, and c. Aerial domains,

including itsa. Territorial sea, b. The seabed,c. The subsoil, d. The insular shelves, ande. Other submarine areas.

3. The waters a. Around, b. Between, and c. Connecting the islands of the archipelago,

regardless of their breadth and dimensions, form part of the internal waters of the Philippines

Four points of reference to determine the Philippine territory (as used in Art. 1 of the 1935 Constitution)

1. The territorial areas set forth in the Treaty of Paris of Dec. 10, 1898

2. Those set forth in the Treaty of Washington on Nov. 7, 19003. Those set forth in the Treaty between Great Britain and

United States on Jan. 2, 1930

4. All other territories over which the present Government of the Philippine Islands exercises jurisdiction

As used in Article 1 of the 1987 Constitution, what are covered?

The territorial seas and waters recognized in the Convention of the Law of the Sea of Dec. 10, 1898

The four points of reference mentioned earlier

What is included by the phrase “all other territories belonging to the Philippines by historic or legal title”?

Any territory which presently belongs or might belong to the Philippines in the future through any of the internationally accepted mode of acquiring territory.

The territories which under the 1973 constitution belong to the Philippines by historic right or legal title.

Is the definition of our national territory binding against all other nations?

No. The Constitution is a municipal law and its effectivity and enforcement is, therefore, limited only to its territorial jurisdiction as determined by the sovereignty upon which the authority to write and approve a constitution is based.

Why is there a need to draw the lines, the scope and the extent of our national territory?

There is a need to draw the lines so that the State and the inhabitants thereof, including the generations to come, should be able to know the scope and extent of the territory over which their State exercises jurisdiction.

The Archipelago Doctrine

The Philippine Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands.

What are considered by the Philippines as part of its internal waters?

Based on the doctrine, the large bodies of water connecting the islands of the archipelago such as Mindanao Sea, the Sulu Sea and the Sibuyan Sea are considered by the Philippines as part of the internal waters, just like the rivers and lakes found within the islands themselves.

What is our claim with respect to the waters around, between and connecting the islands of the archipelago?

Our country claims them as part of the internal waters of the Philippines, regardless of their breadth and dimensions.

A law was passed dividing the Philippines into three regions (Luzon, Visayas, and Mindanao), each constituting as independent state except on matters of foreign relations, national defense and taxation, which are vested in the central government. Is the law valid? (Bar Question 1996)

It is submitted that the law is not valid for being contrary to the following provisions of the 1987 Constitution, thus:

The said law seeks to divide our country by dividing it into three independent states when it is precisely our goal, as provided in Art. II, Sec. 3, “to secure the sovereignty and integrity of the national territory”.

There should only be one democratic and republican state in the Philippines, as declared in Art. II, Sec. 1, not three independent states.

There is already an autonomous region in Muslim Mindanao and the Cordilleras and they already exist in line with, and within the framework of our national sovereignty and territorial integrity. The said law is therefore a violation of the Art. X, Sec. 15 of the 1987 Constitution which already mandated the creation of an autonomous region in the said areas.

Territorial Sea/maritime belt – that portion of the sea adjacent to the coast of the state which is under its jurisdictional control.

Internal waters –waters on the landmark side of the baselines from which the breadth of the territorial sea is calculated.

Territorium Nullius –territory of no one; a territory which is the land of no state.

Can a ship or ships of other states enjoy the right of innocent passage through the territorial sea? How about in the internal waters?

A ship or ships of other states can enjoy the rights of innocent passage through the territorial sea. (Art. 11, Convention on the Law of the Sea)

Foreign vessels have no right of innocent passage through the internal waters.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)2. Contiguous zone - 12 n.m. from the edge of the territorial

sea3. Exclusive economic zone - 200 n.m. from the baseline

[includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

Elements of a State (for municipal law purposes) 1. A community of persons, more or less numerous 2. Permanently occupying a definite portion of territory 3. Independent of external control 4. Possessing an organized government to which the great

body of inhabitants render habitual obedience

People A Community of persons Sufficient in number; Capable of maintaining the continued existence of the

community; and Held together by a common bond of law.

Sovereignty

1. LEGAL sovereigntya. The supreme power to make law.b. It is lodged in the people.

2. POLITICAL sovereigntya. The sum total of all the influences in a state,b. Legal and non-legal,c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION: Sovereignty is the property of the state-force due to

which it has the exclusive capacity of legal self-determination and self-restriction.

Government That institution or aggregate of institutions by which an independent society makes and carries out

those rules of actiono which are necessary to enable men to live in a

social state, oro which are imposed upon the people forming that

society by those who possess the power or authority of prescribing them.

Classification of governments1. De jure - one established by the authority of the legitimate

sovereign2. De facto - one established in defiance of the legitimate

sovereign

Republican State It is one wherein all government authority emanates from

the people, and

is exercised by representatives chosen by the people.

Democratic State This merely emphasizes that the Philippines has some

aspects of direct democracy such as initiative and referendum.

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Kind of war renounced by the Philippines The Philippines only renounces AGGRESSIVE war as an

instrument of national policy. It does not renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)

2. The right of a country to establish military commissions to try war criminals (Kuroda v. Jalondoni, 83 Phil. 171)

3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)

Amity with all nations

This does not mean automatic diplomatic recognition of all nations.

Diplomatic recognition remains a matter of executive discretion.

Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.

Civilian authority/supremacy clause (1st sentence)1. Civilian authority simply means the supremacy of the law

because authority, under our constitutional system, can only come from law.

2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)1. Positively, this clause singles out the military as the

guardian of the people and of the integrity of the national territory and therefore ultimately of the majesty of the law.

2. Negatively, it is an expression of disapproval of military abuses.

Sec 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service.

Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Sec. 6. The separation of Church and State shall be inviolable.

Sec. 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

Policy of freedom from nuclear weapons The policy PROHIBITS:a. The possession, control and manufacture of nuclear

weaponsb. Nuclear arms tests. The policy does NOT prohibit the peaceful uses of nuclear

energy.

Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. etc.

Principle that the family is not a creature of the state.Protection for the unborn

1. It is not an assertion that the unborn is a legal person.2. It is not an assertion that the life of the unborn is placed

exactly on the level of the life of the mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be sacrificed.

3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy cannot be

adopted in the Philippines because the life of the unborn is protected from the time of conception.

Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

While the right to a balanced and healthful ecology is found under the declaration of Principle and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. (Oposa v. Factoran)

The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (Oposa v. Factoran)

Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE IV – CITIZENSHIP

Sec. 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.

What is the citizenship of an illegitimate child of a Filipino mother? Filipino, whether the child be born under the 1935 or

under the 1973 or 1987 constitution.

If a child was born of a Filipino mother and an alien father before the effectivity of the 1973 Constitution, do the 1973 and 1987 Constitution recognize such as Filipino?

No, unless upon reaching majority the child elects Philippine citizenship pursuant to the 1935 Constitution.

o In other words, Sec 1(2) of the 1973, which is the same as Sec 1(2) of the 1987 Constitution, took effect only with the effectivity of the 1973 Constitution on January 17, 1973.

o Children similarly situated but born prior to January 17, 1973 are governed by Sec 1(4) of Art. IV of the 1935 const.

May a child born under the 1973 and 1987 Constitution of a Filipino mother an alien father elect Philippine citizenship?

No. o If the mother was still a Filipino at the time of

the birth of the child then the child is already Filipino by birth.

o If the mother had lost her Philippine citizenship by the time of the birth of the child, the child has no right of election and may acquire citizenship only by naturalization.

Naturalization – the legal act of adopting a foreigner and clothing him with the privileges of a natural born citizen.

Modes of Naturalization1. By complying with both the substantive and procedural

requirements of a general naturalization law; or 2. By a special law of the legislature

Kinds of naturalization laws and procedures1. General law of naturalization applied through a judicial

process2. Special naturalization law, i.e., an act of the legislature of

making a named individual a citizen of the Philippines Discretionary on Congress; usually conferred on an alien

who has made an outstanding contribution to the countrya. Father James Moran, S.J. by Republic Actb. Mr. Ronnie Nathanielz by Presidential Decree

3. Mass naturalization law The Philippine Bill of 1902 made Filipino citizens of “all

inhabitants of the Philippine islands continuing to reside

in them who were Spanish subjects” on April 11, 1899 “and then resided in said islands.”

4. General law of naturalization applied through a combination of administrative process and presidential legislative process Letter of Instruction 270, in effect for a limited period

from the promulgation by President Marcos on April 11, 1975

5. Administrative Naturalization Law, R.A. 9139, enacted in 2000 Grants Philippine citizenship to aliens born and residing

in the Philippines

What kind of requirements must an applicant for naturalization satisfy under the Revised Naturalization Law?

Both substantive and procedural requirements

What are the substantive requirements for naturalization? Sec 2 of C.A. No. 473 prescribes:

a. Ageb. Residencec. Moral character and political beliefd. Real property or lucrative occupatione. Languagef. Education of children.

What procedural requirements must be satisfied? The applicant must go through the following steps:

g. Declaration of intentionh. Filing of petitioni. Hearing and initial judgmentj. Period of probationk. Rehearingl. Final judgment

When does the applicant become a Filipino citizen? Upon taking the oath provided by law after satisfactorily

passing the period of probation.

What is the effect of the naturalization of a father on legitimate minor children?

In general, the minor children become citizens of the Philippines. (See diagram on p.12)

What is the effect of the naturalization of a husband under R.A. 9139?

Applicant’s alien lawful wife and minor children may file a petition for cancellation of their alien certificate of registration with the Committee. (Sec.11)

What is the effect of the naturalization of a wife? Her administrative naturalization will not benefit her

alien husband, but her minor children may file a petition for cancellation of their alien certificate of registration.

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 Phil citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Sect. 1hereof shall be deemed natural-born citizens.

May the law treat natural born citizen and naturalized citizens differently?

No, except in the instances where the Constitution itself makes a distinction. Otherwise there would be a violation of the equal protection clause. Chen Teck Lao v. Republic 55 SCRA 1, 5-6 (1974).

Sec. 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

Modes in which citizenship may be lost1. By naturalization in a foreign country

However, this was modified by R.A. 9225, An Act Making the Citizenship of Philippine Citizens Who Acquire Foreign Citizenship Permanent (September 15, 2003)

2. By express renunciation of citizenship Express renunciation – a renunciation made known distinctly and explicitly, and not left to inference or implication.

Conscious, voluntary and intelligent renunciation Mere registration of alien in BID and mere possession of

foreign passport do not constitute effective renunciation.

3. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining the age of 21, provided: A Filipino may not divest himself of Philippine

citizenship in this manner while RP is at war with any countryo an application of the principle of Indelible Allegiance

by virtue of RA 9225

4. By rendering service to or accepting commission in the armed forces of a foreign country EXCEPT:a. When RP has a defensive and/or offensive pact of

alliance with the said foreign country; andb. The said foreign country maintains armed forces in

Philippine territory with the consent of RP.

5. By cancellation of the certificate of naturalization

6. By having been declared by competent authority a deserter of the pardon or amnesty has been granted.

7. In case of a woman, upon her marriage to a foreigner, if by virtue of the laws in force in her husbands’s country, she acquires his nationality.

TITLE II. CITIZENSHIP AND DOMICILE(From the Civil Code)

In Political ScienceCITIZENSHIP

- status of being a citizen, or of owing allegiance to a certain state for the privilege of being under its protection.

- Political in character

Nationality - a racial or ethnic relationship

In Civil Law and Private International LawCitizenship and Nationality possess the same meaning, i.e., the meaning of CITIZENSHIP.

Three Kinds of Citizenship

1. Natural-born citizen a. those who are citizens of the Philippines without

having to perform any act to acquire or perfect their Philippine citizenship

b. those who elect Philippine citizenship in accordance with Art. IV, Section 1(3) of 1987 Constitution

2. Naturalized citizens – citizens who become such through judicial proceedings.

3. Citizen by election – citizens who become such by exercising the option to elect a particular citizenship, usually within a reasonable time after reaching the age of majority.

Two Theories on Whether Place or Ancestry Determines Citizenship

1. Jus soli – citizenship by the basis on the place of birth (not applied in the Philippines today)

2. Jus sanguinis – citizenship by blood; one follows the citizenship of his parents. followed in the Philippines

Dual and Multiple Nationalities

Citizenship is exclusively determined by a country’s own law. Thus, Philippine courts are only allowed to determine who are Filipino citizens and who are not.

Art. 2 of the Hague Convention on Conflict of Nationality Laws

“Any question as to whether a person possesses the nationality of a particular state should be determined in accordance with the law of that state.”

Does dual or multiple nationality exist?

It depends…

From the viewpoint of the countries directly involved, it does NOT exist (ordinarily);

BUT from the viewpoint of THIRD STATES, it does exist.

To solve the problem of personal law connected with multiple or dual citizenship, apply:

Art. 5 of the Hague Convention on Conflict of Nationality Laws

“Within a third state, a person having more than one nationality will be treated as if he had only one. Without prejudice to the application of its law in personal matters and of any conventions in force, a third state shall, of the nationalities which any person possesses, recognize exclusively in its territory either

the nationality of the country in which he is habitually and principally resident, OR

the nationality of the country with which in the circumstances he appears to be in fact most closely connected.”

Theory of Effective Nationality If the deceased is not a citizen of the forum, we must

get the law of the nation of which he was BOTH a national and a domiciliary.

Stateless Individuals

A person may become a stateless individual by any of the following means:

1. He may have been deprived of his citizenship for any cause, such as the commission of a crime;

2. He may have renounced his nationality by certain acts, express or implied;

3. He may have voluntarily asked for a release from his original state;

4. He may have been born in a country which recognizes only the principle of jus sanguinis of parents whose law recognizes only jus soli.

Personal law of stateless individuals shall be:

1. the law of domicile (habitual residence); OR2. the law of the place of temporary residence.

Citizenship of a Filipino Woman Who Marries a Foreigner

Rule Prior to the MOY YA Case

She shall RETAIN her Philippine citizenship UNLESS by her act or omission she is deemed, under the law, to have renounced her citizenship (Art. III, Sec. 2 of the 1973 Constitution).

Rule After the MOY YA Case (Reversed the Burca ruling)

She becomes ipso facto a Filipino, PROVIDED she is not disqualified to be a citizen of the Philippines under Sec. 4 of Com. Act. 473.

Citizenship of a Foreign Woman Who Marries a (Natural-born/Naturalized) Filipino

Rule Prior to the MOY YA Case

She becomes a Filipino, PROVIDED she is able to prove in a proper proceeding that she has all the qualifications and none of the disqualifications for Philippine citizenship.

Rule After the MOY YA Case (Reversed the Burca ruling)

She follows the Philippine citizenship of her husband the moment he takes his oath as a Filipino citizen, PROVIDED she does not suffer from disqualifications under Sec. 4 of Com. Act. 473.

Art. 48. The following are citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;

(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;

(3) Those whose fathers are citizens of the 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 law.

How is the principle of jus saguinis applied in the 1987 constitution?Sec 1(2) declares as Filipino citizens “Those whose fathers or

mothers are citizens of the Philippines.” This means that if a child is born under the 1973 or 1987 Const and either his father or mother is a Fil citizen ay the time the child is born, the child is a Fil citizen no matter where he may be born.

Children of Filipino Fathers

- enunciates the principle of jus sanguinis- applies whether the mother is a Filipino or not; whether

the child is born in the Philippines or outside.

- is applicable if the father is a natural-born citizen

If the father is a naturalized Filipino…

Children of Filipino Mothers

Must the mother be a citizen of the Philippines?

Theories:

1. The mother must be a citizen of the Philippines at the time of birth of the child.

2. The mother must be a Filipino citizen at the time the child elects Philippine citizenship. Should be adhered to (as the Supreme Court seemed to

imply in the case of Villanueva v. Commissioner of Immigration, L-1663, Mar. 31, 1948)

If (1) or (2) is applied, very few can avail themselves of the option, since most commonly, the mother acquires the husband’s citizenship thereby losing Philippine citizenship.

3. It is sufficient for the mother to have been a Filipino citizen at the time of her marriage to a foreigner.

Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.

NATURALIZATION – the process of acquiring the citizenship of another country.

In the strict sense: a judicial process wherein formalities of the law have to be complied with, including a judicial hearing and approval of the petition.

In the loose and broad sense: may mean not only the judicial process but also the acquisition of another citizenship by such acts as marriage to a citizen, and the exercise of the option to elect a particular citizenship.

Qualifications for Naturalization

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1. The petitioner must not be less than 21 (majority today is 18) years of age, on the date of the hearing of the petition;

2. He must have, as a rule, resided in the Philippines for a continuous period of not less than ten years; Residence contemplated must be ACTUAL and

SUBSTANTIAL residence.o PHYSICAL residence is not necessary for the

entire period so long as there is animus revertendi (intention to return).

May be reduced to five years in any of the following cases:

o If the applicant honorably held office under the Government of the Philippines under that of any of the provinces, cities, municipalities, or political subdivisions thereof;

o If he has established a new industry or introduced a useful invention in the Philippines;

o If he is married to a Filipino woman;o If he had been engaged as a teacher in public or

recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race in any of the branches of education or industry for a period of two years;

o If he was born in the Philippines (Sec. 3, Commonwealth Act 473, as amended).

3. He must be of good moral character, and believe in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the duly constituted government as well as with the community in which he is living;

Lack of conviction for a crime involving moral turpitude does not necessarily mean one is of good moral character.

“proper and irreproachable” conduct must be determined by the standards of THIS country, and these in turn, by the religious beliefs and social concepts existing here.

4. He must own real state in the Philippines worth not less than P5,000, Philippine currency, or must some lucrative trade, profession or lawful occupation; There exists a constitutional prohibition in general

against landholdings by aliens.o In this case, the purpose of the Constitution “is

to preserve the nation’s land for future generations of Filipinos, the aim or purpose would not be thwarted but achieved by making lawful the acquisition of real estate by aliens who become Filipino citizens by naturalization.”

5. He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and A deaf-mute cannot be naturalized.

6. He must have enrolled his minor children of school age in any of the public schools or private schools recognized by the Bureau of Private Schools where Philippine history, government, and civics are taught or prescribed as part of school curriculum during the entire period of residence required of him, prior to the hearing of his petition for naturalization as citizen. (Sec. 2, Commonwealth Act 473, as amended).

Disqualification for Naturalization

Sec. 4. Naturalization Law. The following cannot be naturalized as Philippine citizens:

1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

2. Persons defending or teaching the property of violence, personal assault, or assassination for the success and predominance of their ideas;

3. Polygamists or believers in the practice of polygamy; Mere belief in polygamy without practicing it is enough

to disqualify.4. Persons convicted of a crime involving moral turpitude;

Falsification, Acts of lasciviousness, Rape, Murder, Estafa; Robbery; Seduction; Concubinage

5. Persons suffering from mental alienation or incurable contagious diseases; The disease must be BOTH incurable and contagious.

6. Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;

7. Citizens or subjects with whom the United States and the Philippines are at war; This is due to the Mutual Defense Treaty

8. Citizens or subjects of a foreign country other than the United States, who laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

Steps in Naturalization Proceedings

1. A declaration of intention to become a Filipino citizen must first be filed, unless the applicant is exempted from this requirement. (Secs. 5 and 6, Commonwealth Act 473).

“One year prior to the filing of this petition for the admission to Philippine citizenship, the applicant for Philippine citizenship shall file with the Office of Solicitor General a declaration under oath that it is his bona fide intention to become a citizen of the Philippines.” (Sec. 5, Naturalization Law)

a. The period of one year is intended to give the State a reasonable time to screen and study the qualifications of the applicant.

b. It is a means by which good intention and sincerity of purpose may be gauged.

2. The petition for naturalization must then be filed. (Sec. 8, Commonwealth Act 473).

The RTC of the province where the petitioner has resided for at least one year immediately preceding

the filing of the petition shall have exclusive original jurisdiction to hear the petition.

o Mere LEGAL residence is sufficient.o The intent to return (animus revertendi)

must always be considered.3. The petition will then be heard. (Sec. 9, Commonwealth Act

473, as amended). Will take place only after proper publication once a

week for three consecutive weeks in the Official Gazette and in one of the newspapers in general circulation in the province where the petitioner resides; same with places, where the petitioner spent most of his youth.

4. If the petition is approved, there will be a rehearing two years after the promulgation of the judgment awarding naturalization. (Sec 1, Republic Act 530).

Rep. Act 530, amends the Naturalization law and provides some conditions for the fulfillment of naturalization.

5. The last step will be the taking of the oath of allegiance to support and defend the Constitution and the laws of the Philippines. (Sec. 11, Commonwealth Act 473, as amended).

The filing of petition to take an oath must be done within a reasonable time after the expiration of said 2-year period.

o A delay of more than six years in this regard reveals petitioner’s lack of interest.

A copy of the petition to take the oath, as well as the notice of hearing thereof, must be served on the office of the Solicitor-General.

Cancellation of the Naturalization Certificate

Sec. 18 of the Naturalization Law provides:

“Upon motion made in the proper proceedings by the Solicitor-General or his representative, or by the proper provincial fiscal, the competent judge may cancel the naturalization certificate issued and its registration in the Civil Register:

1. If it is shown that said naturalization certificate was obtained fraudulently or illegally.

2. If the person naturalized shall, within the five years next following the issuance of said naturalization certificate, return to his native country or to some foreign country and establish his permanent residence there: Provided, That the

fact of the person naturalized remaining for more than one year in his native country or the country of his former nationality, or two years in any other foreign country, shall be considered as prima facie evidence of his intention of taking up his permanent residence in the same;

3. If the petition was made on an invalid declaration of intention;

4. If it is shown that the minor children of the person naturalized failed to graduate from a public or private high schools recognized by the Office of Private Education of the Philippines, where Philippine history, government and civics are taught as part of the school curriculum, through the fault of their parents either by neglecting to support them or by transferring him to another school or schools. A certified copy of the decree cancelling the naturalization certificate shall be forwarded by the clerk of the Court to the Department of the Interior and the Bureau of Justice.

5. If it is shown that the naturalized citizen has allowed himself to be used as a dummy requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right, franchise or privilege.

The Solicitor-General personally or thru his delegate and the provincial fiscal are the only officers or persons authorized by law to appear on behalf of the Government to ask for the cancellation of a naturalization certificate already issued.

A decision in a naturalization case can never be res judicata as to any of the reasons or matters which would support a judgment cancelling the certificate of naturalization for illegal or fraudulent procurement.

Requisites for res judicatao Judgment by a court with jurisprudence

o Identity of parties are the sameo Trial on meritso Finality of judgment

Reacquisition of citizenship1. Under R.A. 9225, by taking an oath of allegiance2. By naturalization3. By repatriation4. By direct act of the National Assembly

Repatriation

a mode for reacquisition for those who lost their citizenship,

governed by various statutes, consists of taking of an oath of allegiance to the RP, and registering said oath in the LCR of the place where the

person concerned resides or last resided.

Valles vs. COMELEC, 337 SCRA 543- Having a Filipino father at the time of birth makes one a Filipino. Having an Australian passport and an alien certificate of registration does not constitute an effective renunciation of citizenship and does not militate against the claim of Filipino citizenship.

Corodora v. COMELEC, GR No. 176947, February 19, 2009- The Supreme Court recently ruled that a natural-born Filipino, who also possesses American citizenship having been born of an American father and a Filipino mother, is exempt from the twin requirements of swearing to an Oath of Allegiance and executing a Renunciation of Foreign Citizenship under the Citizenship Retention and Reacquisition Act (RA 9225) before running for public office. The Supreme Court En Banc held that that it has applied the twin requirements to cases “which involve natural-born Filipinos who later became naturalized

citizens of another country and thereafter ran for elective office in the Philippines. In the present case, [private respondent Gustavo S.] Tambunting, a natural-born Filipino, did not subsequently become a naturalized citizen of another country. Hence, the twin requirements in RA No. 9225 do not apply to him.”

Manuel B. Japzon vs. COMELEC, GR No. 180088, January 19, 2009- It bears to point out that Republic Act No. 9225 governs the manner in which a natural-born Filipino may reacquire or retain his Philippine citizenship despite acquiring a foreign citizenship, and provides for his rights and liabilities under such circumstances. A close scrutiny of said statute would reveal that it does not at all touch on the matter of residence of the natural-born Filipino taking advantage of its provisions. Republic Act No. 9225 imposes no residency requirement for the reacquisition or retention of Philippine citizenship; nor does it mention any effect of such reacquisition or retention of Philippine citizenship on the current residence of the concerned natural-born Filipino. Clearly, Republic Act No. 9225 treats citizenship independently of residence. This is only logical and consistent with the general intent of the law to allow for dual citizenship. Since a natural-born Filipino may hold, at the same time, both Philippine and foreign citizenships, he may establish residence either in the Philippines or in the foreign country of which he is also a citizen. Residency in the Philippines only becomes relevant when the natural-born Filipino with dual citizenship decides to run for public office. Under Republic Act No. 9225, to run for public office, he must: (1) meet the qualifications for holding such public office as required by the Constitution and existing laws; and (2) make a personal and sworn renunciation of any and all

foreign citizenships before any public officer authorized to administer an oath.

BM No. 1678, Petition for Leave to Resume the Practice of Law, Benjamin M. Dacanay, December 17, 2007 - Dual citizens may practice law in the Philippines by leave of the Supreme Court and upon compliance with the requirements, which will restore their good standing as members of the Philippine Bar.

E ffective nationality principle (Nottebohm case)- The Nottebohm case cited by the petitioner invoked the international law principle of effective nationality which is clearly not applicable to the case at bar. This principle is expressed in Article 5 of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: Art. 5. Within a third State a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any convention in force, a third State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. Nottebohm was a German by birth but a resident of Guatemala for 34 years when he applied for and acquired naturalization in Liechtenstein one month before the outbreak of World War II. Many members of his family and his business interests were in Germany. In 1943, Guatemala, which had declared war on Germany, arrested Nottebohm and confiscated all his properties on the ground that he was a German national. Liechtenstein thereupon filed suit on his behalf, as its citizen, against Guatemala. The International Court of Justice held

Nottebohm to be still a national of Germany, with which he was more closely connected than with Liechtenstein.Frivaldo vs. COMELEC, GR No. 87193, June 23, 1989

Tecson vs. COMELEC, 424 SCRA 148; Velez vs. Poe and Fornier vs. COMELEC, March 3, 2004- Under the Philippine Bill of 1902, a “citizen of the Philippines” was one who was an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. The term “inhabitant” was taken to include 1) a native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an inhabitant who obtained Spanish papers on or before 11 April 1899. Whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on whether or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the affirmative, whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have well been his place of residence before death, such that Lorenzo Pou would have benefited from the “en masse Filipinization” that the Philippine Bill had effected in 1902. That citizenship (of Lorenzo Pou), if acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate.

Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.

Domicile Distinguished from Citizenship or Nationality

Domicile – speaks of one’s permanent place of abode, in general

Ctizenship/Nationality – indicate ties of allegiance and nationality

Domicile

that place where a person has certain settled, fixed, legal relations because:

o It is assigned to him by the law AT THE MOMENT OF BIRTH (domicile of origin)

o It is assigned to him also by law AFTER BIRTH on account of legal disability caused for instance by minority, insanity, or marriage in the case of a woman (constructive domicile or domicile by operation of law.

o Because he has his home there - that to which whenever he is absent, he intends to return (domicile of choice).

Residence – a place of abode

One may have many residences, but only one domicile.