Political Law and Public International Law: Citizenship

V. CITIZENSHIP

Citizenship is a legal bond between an individual and a state, entitling the individual to the protection of the state and subjecting them to the state's laws and obligations. Citizenship can be acquired through various modes, typically distinguished as either involuntary or voluntary. These classifications depend on whether the acquisition of citizenship occurs by operation of law or through an active effort on the part of the individual.

B. Modes of Acquiring Citizenship

There are two primary modes of acquiring citizenship under Philippine law:

By Birth (Involuntary/By Operation of Law)
By Naturalization (Voluntary/By Judicial or Administrative Process)

Let’s delve into these modes further.

1. Citizenship by Birth

Citizenship by birth is based on either jus sanguinis (right of blood) or jus soli (right of soil). Under the Philippine legal framework, the mode applicable is jus sanguinis. This means citizenship is determined primarily by the citizenship of one's parents, rather than the place of birth.

a. Jus Sanguinis (Right of Blood)

Philippine Constitution: The 1987 Philippine Constitution, in Article IV, Section 1, stipulates that citizens of the Philippines are those who are:
1. Citizens of the Philippines at the time of the adoption of the Constitution (February 2, 1987);
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.
From the above, it is clear that Philippine citizenship is primarily derived from one’s parentage, not place of birth. Thus, if either parent is a Filipino citizen, the child will also be a Filipino, irrespective of where the child is born (jus sanguinis).

b. Jus Soli (Right of Soil)

The principle of jus soli, which grants citizenship based on the place of birth, is not recognized under Philippine law. Unlike countries like the United States, which follows this principle, a person born in the Philippines to foreign parents is not automatically a Filipino citizen.

Special Cases of Acquisition by Birth:

Foundlings: The status of foundlings (children whose parents are unknown) was a contentious issue. The Supreme Court of the Philippines, in several cases, has ruled that foundlings are presumed to be natural-born citizens of the country where they are found unless proven otherwise, invoking both international law and domestic principles of justice. Foundlings are considered Filipino citizens unless shown to have foreign parentage.

This interpretation was bolstered by the 2016 Supreme Court decision in the case of Grace Poe, where the Court held that foundlings in the Philippines are presumed to have Filipino parentage, thus being natural-born citizens under the 1987 Constitution.

2. Citizenship by Naturalization

Naturalization is the legal process by which a foreign national acquires Philippine citizenship. It is a voluntary mode of acquiring citizenship and is governed by the Commonwealth Act No. 473 (Revised Naturalization Law) and Republic Act No. 9139 (Administrative Naturalization Law). This can occur either through judicial or administrative procedures.

a. Judicial Naturalization

This is governed by Commonwealth Act No. 473 and requires a petition in court.

Requirements: The applicant must:
1. Be at least 21 years of age;
2. Have resided in the Philippines for at least 10 continuous years (reduced to 5 years for certain cases, like marriage to a Filipino citizen);
3. Be of good moral character, and believe in the Constitution;
4. Have lucrative employment or occupation;
5. Be able to speak Filipino or any local dialect;
6. Have enrolled his children of school age in any public or private school recognized by the government.
Steps in Judicial Naturalization:
1. Filing of Petition: The foreigner must file a petition in the Regional Trial Court where they reside.
2. Publication: The petition must be published in the Official Gazette and a newspaper for three consecutive weeks.
3. Hearing: The petition will undergo a hearing to determine whether the applicant meets the legal requirements.
4. Decision: If the court is satisfied, it will issue a decision granting Philippine citizenship.
5. Oath of Allegiance: The petitioner must take an oath of allegiance to the Republic of the Philippines.
After judicial naturalization is granted, the person becomes a naturalized citizen.

b. Administrative Naturalization (Republic Act No. 9139)

This is a more streamlined process aimed at individuals who were born and have resided in the Philippines, allowing them to acquire citizenship without going through the courts. It applies to native-born foreigners.

Eligibility:
1. Born in the Philippines;
2. Resided in the Philippines since birth;
3. At least 18 years old at the time of filing;
4. Of good moral character;
5. Completed secondary education in recognized schools;
6. Not convicted of a crime involving moral turpitude.
Process:
1. The applicant files a petition with the Special Committee on Naturalization.
2. The Committee evaluates the application, and if all requirements are met, the Committee will recommend the approval of the petition.
3. If approved, the applicant takes an oath of allegiance to the Republic.
This method simplifies the naturalization process, making it faster for certain foreign-born individuals who have deep ties to the country.

3. Other Modes of Acquiring Citizenship

a. Derivative Naturalization

This refers to the grant of citizenship to a person due to their relationship with a naturalized Filipino. For example:

Wife and minor children of a person who has been naturalized in accordance with law can also acquire citizenship by derivation, under Section 15 of the Revised Naturalization Law.

b. Repatriation (Republic Act No. 8171)

This is applicable to individuals who had previously lost their Philippine citizenship, such as:

Filipino women who lost their citizenship by marrying a foreigner;
Natural-born Filipinos who became citizens of another country due to naturalization (e.g., dual citizens who lost their Filipino citizenship by taking an oath of allegiance to another country).

Repatriation is a simplified process. Individuals can file a petition with the Department of Justice or take an oath of allegiance to regain their Philippine citizenship.

c. Dual Citizenship (Republic Act No. 9225)

Dual citizenship allows a person to be a citizen of both the Philippines and another country. Republic Act No. 9225, also known as the Citizenship Retention and Re-acquisition Act of 2003, permits natural-born Filipinos who have become naturalized citizens of another country to retain or reacquire their Philippine citizenship.

Process:
1. Filing of Petition: The person must file a petition for dual citizenship with the Bureau of Immigration.
2. Oath of Allegiance: The person must take an oath of allegiance to the Republic of the Philippines.

Once this is done, the person is considered to have reacquired their Philippine citizenship while also retaining their foreign citizenship.

Summary of Modes of Acquiring Citizenship:

Mode	Legal Basis	Description
By Birth (Jus Sanguinis)	1987 Constitution, Art. IV	Citizenship derived from Filipino parentage.
Judicial Naturalization	Commonwealth Act No. 473	Process of acquiring citizenship through a court petition.
Administrative Naturalization	Republic Act No. 9139	Streamlined naturalization for native-born foreigners.
Derivative Naturalization	Commonwealth Act No. 473	Citizenship granted to the wife and minor children of a naturalized person.
Repatriation	Republic Act No. 8171	Restores citizenship to those who lost it through marriage or naturalization in another country.
Dual Citizenship	Republic Act No. 9225	Retention/reacquisition of citizenship by natural-born Filipinos who became foreign citizens.

This comprehensive breakdown covers the intricacies of Philippine citizenship acquisition, its constitutional foundations, and the applicable laws.