POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
V. CITIZENSHIP
C. Natural-Born and Naturalized Citizens
Citizenship laws in the Philippines are mainly governed by the Constitution, specifically the 1987 Constitution, and various statutes. The distinction between natural-born and naturalized citizens is fundamental in determining the eligibility for certain rights, particularly in public office and ownership of certain properties. Let’s break down each concept meticulously:
1. Concept of Citizenship
Citizenship refers to the legal relationship between an individual and a state, which involves rights and obligations on both sides. The term implies membership in a political community, with the right to participate in public affairs, such as voting, and the obligation to contribute to the community, such as by paying taxes.
In the Philippines, citizenship is primarily governed by jus sanguinis (right of blood), where citizenship is determined by the nationality or citizenship of one's parents, rather than jus soli (right of soil), which bases citizenship on the place of birth.
2. Classification of Citizens in the Philippines
Citizenship in the Philippines is classified into two main categories:
- Natural-born citizens
- Naturalized citizens
2.1. Natural-born Citizens
Natural-born citizens are defined under Section 2, Article IV of the 1987 Constitution of the Philippines:
"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."
Key Points:
By birth: A person who is automatically considered a citizen at the time of birth without any affirmative action required to acquire citizenship. No legal processes, such as naturalization, need to be undertaken to obtain citizenship.
Jus sanguinis (by blood): The Philippines follows this principle. If either parent is a Filipino citizen at the time of the person’s birth, the person is automatically considered a natural-born citizen.
Examples of Natural-Born Citizens:
Children born to Filipino parents: Even if the child is born abroad, as long as one or both parents are Filipino citizens at the time of birth, the child is a natural-born Filipino citizen.
Children born to parents who reacquired citizenship under RA 9225 (Dual Citizenship Law): Persons who lost their Philippine citizenship by naturalization in another country but later reacquired it under RA 9225 are considered natural-born citizens upon reacquisition of their citizenship.
Those who opted for Filipino citizenship under certain circumstances: Children born to Filipino mothers before the 1973 Constitution who opted to retain or elect Philippine citizenship upon reaching the age of majority.
Proof of Natural-Born Citizenship:
- A person’s birth certificate indicating that their parents are Filipino citizens serves as primary evidence of their natural-born status.
Implications of Natural-born Status:
- Eligibility for public office: Only natural-born citizens can hold certain positions such as the President, Vice President, Senators, and Members of the House of Representatives. This is enshrined in Article VII, Section 2 and Article VI, Section 3 of the 1987 Constitution.
2.2. Naturalized Citizens
Naturalized citizens are individuals who were not originally citizens of the Philippines at birth but later became citizens through a formal legal process called naturalization.
Modes of Naturalization:
Judicial naturalization under Commonwealth Act No. 473 (The Revised Naturalization Law): This is the most common mode, where a foreigner petitions a Philippine court for citizenship. The court evaluates whether the petitioner meets specific residency, moral character, language proficiency, and other statutory requirements.
Administrative naturalization under Republic Act No. 9139: This mode is available to foreigners who have been residents of the Philippines and meet certain qualifications. It is faster and less costly compared to judicial naturalization.
Derivative naturalization: This occurs when minor children or the spouse of a naturalized citizen also acquire citizenship as a result of the naturalization of the parent or spouse.
Congressional naturalization: In rare cases, Philippine Congress may grant citizenship through a legislative act. This is more of an exceptional remedy for individuals who have rendered extraordinary services to the country.
Key Points:
Naturalized citizens must comply with specific conditions laid out in naturalization laws, including a requirement for residency, good moral character, financial capacity, and knowledge of Philippine laws, customs, and language.
Loss of naturalization: A naturalized citizen may lose citizenship if they fail to comply with post-naturalization conditions, such as residence requirements, or if they engage in certain acts deemed to contradict allegiance to the Philippines (e.g., acquiring foreign citizenship or joining a foreign military service).
Proof of Naturalization:
- A certificate of naturalization issued by the court or relevant government agency serves as the official document proving that an individual is a naturalized Filipino citizen.
Implications of Naturalized Status:
- Limitations on public office: Unlike natural-born citizens, naturalized citizens cannot hold key positions in the government, such as the President, Vice President, Senators, or Members of the House of Representatives. They also cannot serve in other sensitive areas, such as becoming a justice of the Supreme Court or a constitutional commissioner.
3. Distinction Between Natural-born and Naturalized Citizens
| Natural-born Citizens | Naturalized Citizens |
|---|---|
| Acquired citizenship by virtue of birth without needing any affirmative action to acquire or perfect it. | Acquired citizenship by fulfilling statutory requirements through the legal process of naturalization. |
| Citizens from birth, as defined by the Constitution. | Citizens by legal process, having been originally non-Filipinos. |
| Generally eligible for all public offices, including President, Vice President, and other sensitive positions requiring natural-born status. | Ineligible for sensitive public offices such as President, Vice President, or legislative positions. |
| Citizenship cannot be revoked unless renounced or lost through specific acts, such as acquiring foreign citizenship. | Can lose citizenship if found to have violated conditions of naturalization or allegiance. |
4. Constitutional Provisions on Citizenship
Article IV, 1987 Constitution governs citizenship:
Section 1: Enumerates who are citizens of the Philippines:
- Those who were citizens at the time of the adoption of the Constitution (including those who held citizenship under previous constitutions).
- Those whose fathers or mothers are citizens of the Philippines.
- Those born before January 17, 1973, of Filipino mothers, who elected Philippine citizenship upon reaching the age of majority.
- Those who are naturalized in accordance with law.
Section 2: Defines natural-born citizens.
Section 3: Discusses loss and reacquisition of citizenship, highlighting the process of reacquiring natural-born status through dual citizenship laws.
5. Dual Citizenship and Natural-born Status
Under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003), former Filipino citizens who had lost their citizenship through naturalization in a foreign country can reacquire their Filipino citizenship. Upon reacquisition, they are considered natural-born Filipinos, reinstating their eligibility to hold certain public offices.
6. Relevance of Citizenship in Public International Law
While citizenship primarily operates within the domestic sphere, it also intersects with Public International Law in areas such as:
Diplomatic protection: A state can offer diplomatic protection to its citizens abroad.
Nationality conflicts: Dual or multiple citizenship situations can raise issues in international relations when individuals hold citizenship in more than one country.
Extradition treaties and agreements: Citizenship can affect extradition procedures and protections against extradition.
Summary
- Natural-born citizens acquire citizenship by birth without the need for any legal action.
- Naturalized citizens acquire citizenship through a legal process, having been originally foreign nationals.
- The distinction is crucial for eligibility for certain public offices, with natural-born citizens enjoying broader eligibility.
- Both types of citizens are protected under the Constitution, but they have distinct rights and responsibilities, especially in relation to public office and allegiance.
This distinction is at the heart of Philippine sovereignty, as it determines not only the basic membership in the nation but also the rights and duties of those who serve the country.