Philippine nationality law

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Philippine nationality law is currently based upon the principles of Jus sanguinis. In other words, descent from a parent who is a citizen/national of the Republic of the Philippines is the primary method of acquiring Philippine citizenship. Birth in the Philippines to foreign parents does not in itself confer Philippine citizenship, although RA9139, the Administrative Naturalization Law of 2000, does provide a path for administrative naturalization of certain aliens born on Philippine soil (Jus soli).[1] [2]

Contents

Citizenship under the Treaty of Paris of 1898

In 1898, the United States acquired dominion over the Philippines from Spain through the Treaty of Paris. Article XI of that treaty addressed Philippine citizenship as follows:

{{quotation|The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong. [3]

Citizenship under the 1899 constitution

In 1899, the Malolos Congress, the revolutionary unicameral legislature of the First Philippine Republic enacted the Malolos Constitution, Article 6 of which declared the following regarding Philippine citizenship:

{{Quotation| The following are Filipinos:

1. All persons born in the Philippine territory. A vessel of Philippine registry is considered, for this purpose, as part of Philippine territory.
2. Children of a Filipino father or mother, although born outside of the Philippines.
3. Foreigners who have obtained certification of naturalization.
4. Those who, without such certificate, have acquired a domicile in any town within Philippine territory. [4]

The Mololos Congress declared war on the United States on February 4, 1899. The Philippine-American war ensued between 1899 and 1902. The war officially ended in 1902, with the Filipino leaders accepting, for the most part, that the Americans had won.

Citizenship under the Philippine Bill of 1902

The Philippine Bill of 1902, also known as the Philippine Organic Act, was enacted on July 1 1902. Regarding Philippine citizenship, Section 2 of that act provided:

{{quotation| That all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in the Philippine Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight.[5]


Citizenship under the Jones Law

In 1916, the Jones Law, also known as the Philippine Autonomy Act, superseded the Philippine Bill of 1902. Regarding Philippine citizenship, Section 2 of the Jones Law provided:

{{quotation| That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country: Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who cannot come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein. [6]

Citizenship under the 1935 constitution

Article IV of the 1935 Philippine constitution declared the following: {{Quotation| Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
(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.

Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.[7]

Citizenship under the 1943 constitution

Article VI of the 1943 Philippine constitution declared the following: {{Quotation| Section 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 and their descendants.
(2) Those who are naturalized in accordance with law.

Sec. 2. Philippine citizenship may be lost or reacquired in the manner provided by law.[8]

The 1943 Constitution was in force during the World War II occupation of the Philippines by Japanese forces. The constitution was drafted by a committee appointed by the Philippine Executive Commission, the body established by the Japanese to administer the Philippines in lieu of the Commonwealth of the Philippines which had established a government-in-exile. The 1943 charter was not taught in post WW-II schools and the laws of the 1943-44 National Assembly never recognized as valid or relevant.

Citizenship under the 1973 constitution

Article III of the 1973 Philippine constitution declared the following: {{Quotation| Section 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 and mothers are citizens of the Philippines.
(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.
(4) Those who are naturalized in accordance with law

Section 2. A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.[9]

Citizenship under the 1987 constitution

Article IV of the 1987 Philippine constitution declared the following: {{Quotation| Section 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.

Section 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 Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.[10]

Loss and reacquisition of Philippine citizenship

Commonwealth Act No. 63

Commonwealth Act No. 63, An act providing for the ways in which Philippine citizenship may be lost or reacquired provides the following:

{{Quotation| Section 1. How citizenship may be lost. - A Filipino citizen may lose his citizenship in any of the following ways and/or events:

(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.
(4) By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:
(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or
(b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto states that he does so only in connection with his service to said foreign country: And, Provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b). shall not be permitted to participate nor vote in any election of the Republic of the Philippines during the period of his service suspended to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen; (As amended by R. A. 106, R. A. 2639 and R. A. 3834).
(5) By cancellation of the certificates of naturalization;
(6) By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
(7) In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.

The provisions of this section notwithstanding, the acquisition of citizenship by a natural born Filipino citizen from one of the Iberian and any friendly democratic countries or from the United Kingdom shall not produce loss or forfeiture of his Philippine citizenship if the law Of that country grants the same privilege to its citizens and such had been agreed upon by treaty between the Philippines and the foreign country from which citizenship is acquired.
Sec. 2. How citizenship may be reacquired. -- Citizenship may be reacquired:

(1) By naturalization: Provided, That the applicant possess none of the disqualifications prescribed in section two of Act Numbered Twenty-nine hundred and twenty-seven.
(2) By repatriation of deserters of the Army, Navy or Air Corps: Provided, That a woman who lost her citizenship by reason of her marriage to an alien may be repatriated in accordance with. the provisions of this Act after the termination of the marital status; and
(3) By direct act of the National Assembly.[11]

Republic Act No. 9225

Section 1(1) of Commonwealth Act No. 63 provided that Philippine citizenship might be lost by naturalization of a Philippine citizen in a foreign country. Republic Act No. 9225, the Citizenship Retention and Re-acquisition Act of 2003, Effectively voided this section, and also provided that persons who had thereby lost their Philippine citizenship might reacquire that lost citizenship through an administrative process[12] [13]

Citizenship by naturalization

Commonwealth Act No. 473

Commonwealth Act No. 473, the Revised Naturalization Law, provides for acquisition of Philippine citizenship by naturalization.[14]


Republic Act No. 9139

Republic Act No. 9139, The Administrative Naturalization Law of 2000, provided an administrative route to naturalization for aliens 18 years of age or older, who had been born in the Philippines and had resided in the country since birth, and who meet certain other qualifying requirements.[1] [2]


References

  1. ^ a b Administrative Naturalization Law of 2000. Chanrobles Law Library (2001-06-08). Retrieved on 2006-12-19.
  2. ^ a b Rules and Regulations Implementing Republic Act No. 9139. Chanrobles Law Library. Retrieved on 2006-12-19.
  3. ^ Treaty of Peace between the United States of America and Spain. Chanrobles Law Library (10 December 1898). Retrieved on 2007-06-14.
  4. ^ 1899 Constitution of the Republic of the Philippines. Chanrobles Law Library (1899-01-20). Retrieved on 2006-12-19.
  5. ^ The {Pilippine Bill of July 1, 1902. Chanrobles Law Library. Retrieved on 2007-06-13.
  6. ^ The Philippine Autonomy Act (Jones Law). Chanrobles Law Library. Retrieved on 2007-06-14.
  7. ^ 1935 Constitution of the Republic of the Philippines. Chanrobles Law Library (1935-05-14). Retrieved on 2006-12-19.
  8. ^ 1943 Constitution of the Republic of the Philippines. Chanrobles Law Library. Retrieved on 2007-02-13.
  9. ^ 1973 Constitution of the Republic of the Philippines. Chanrobles Law library (1973-01-17). Retrieved on 2006-12-19.
  10. ^ 1987 Constitution of the Republic of the Philippines. Chanrobles Law Library (1986-10-15). Retrieved on 2006-12-19.
  11. ^ An act providing for the ways in which Philippine citizenship may be lost or reacquired. Chanrobles Law Library (1936-10-21). Retrieved on 2006-12-19.
  12. ^ Citizenship Retention and Re-acquisition Act of 2003. Philippine Government, Bureau of Immigration (2003-08-29). Retrieved on 2006-12-19.
  13. ^ Implementing Rules and Regulations for R.A. 9225. Philippine Government, Bureau of Immigration. Retrieved on 2006-12-19.
  14. ^ Revised Naturalization Law. LAWPHIL Project, Arellano Law Foundation. Retrieved on 2006-12-19.

See also

Further reading

Cornelius J. Peck (1965) National Influences on the Philippines Law of Citizenship The American Journal of Comparative Law14 (3):59-478.DOI10.2307/838452. Retrieve on 2007-06-14.