The Philippine Citizenship [Part IV]

The Clearing Point

R. CHAM G. ZUÑIGA VI, Ll.B., MLGM, Ph.D.

The Philippine Citizenship

How about those children who were born in the Philippines from 11 April 1899 to 01 July 1902? How are they considered in terms of citizenship? It should be noted that during these period no citizenship law existed in the Philippines.

The answer to these questions may be exacted from the Philippine Autonomy Act, also known as “An Act To Declare The Purpose Of The People Of The United States As To The Future Political Status Of The People Of The Philippine Islands, And To Provide A More Autonomous Government For Those Islands” or the Jones Law which was enacted on August 29, 1916.

Section 2 of the Philippine Autonomy Act provides 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.”

It was through the 1935 Philippine Constitution that Philippine citizenship was made clear. The 1935 Constitution adopted the blood relationship or jus sanguinis as the basis of Filipino citizenship. This is evident by the provisions in Section 1, Article III, 1935 Constitution which provides that 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 Philippines 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.”

It may be noted that before the adoption of the 1973 Constitution, Filipino women who got married with a foreign husband lost their Filipino citizenship and acquire the citizenship of their foreign husbands. Others opined that this was discriminatory and denial of their rights to transmitting their Filipino citizenship to their legitimate children. Illegitimate children of Filipino mothers still have to elect Filipino citizenship upon reaching the age of majority to acquire Filipino citizenship.

A more accepted provision on Philippine Citizenship was crafted in the 1973 Constitution. It provides that –

“Section 1, Article III, 1973 Constitution - 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 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.”

What others believed to be discriminatory and unjust a corrective measure was made by providing Section 2 of the same article which also provided that –

"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."

So far, this writer believed that the 1987 Constitution is the best Constitution the Philippine ever had in terms of provisions on Philippine citizenship. Men and women were provided with equal rights on Philippine citizenship acquisition. Section 1, Article IV of the The 1987 Constitution provides that –

“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.”

The provision on “natural-born citizens” first appeared in the 1987 Constitution. What does "natural-born citizens" means? This question is best answered by Section 2, Article IV, 1987 Constitution which provides that 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. It provides further that those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

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