C. Natural-born and Naturalized Citizens

A. Who are Filipinos

> 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.

What is naturalization

Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen. (So v. Republic, G.R. No. 170603, Jan. 29, 2007)

Natural-born Citizens

SECTION 2, ARTICLE IV. 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.

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Who are natural-born citizens

• Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship [Section 2, Article IV, 1987 Constitution]; citizenship at the adoption of the 1987 Constitution under Section 1(1), Article IV, does not by itself establish natural-born status; and
• Those who elect Philippine citizenship in accordance with Section 1(3), Article IV

A person who renounces all foreign citizenship under Section 5(2) of R.A. No. 9225 recants this renunciation by using his foreign passport afterwards [Maquiling v. COMELEC, G.R. No. 195649 (2013)].

Having the status of a natural-born citizen is important for the purpose of certain political and economic rights open only to such citizens.

Who must be natural-born?

• President [Section 2, Article VII, 1987 Constitution]
• Vice-President [Section 3, Article VII, 1987 Constitution]
• Members of Congress [Section 3 and 6, Article VI, 1987 Constitution]
• Justices of SC and lower collegiate courts [Section 7(1), Article VIII, 1987 Constitution]
• Ombudsman and his deputies [Section 8, Article XI, 1987 Constitution]
• Members of Constitutional Commissions
• CSC [Section 1(1), Article IXB, 1987 Constitution]
• COMELEC [Section 1, Article IX-C, 1987 Constitution]
• COA [Section 1(1), Article IXD, 1987 Constitution]
• Members of the central monetary authority [Section 20, Article XII, 1987 Constitution]
• Members of the Commission on Human Rights [Section 17(2), Article XIII, 1987 Constitution]

The Constitutional provision (i.e. “whose fathers are citizens”) does not distinguish between “legitimate” or “illegitimate” paternity. Thus, the Civil Code provisions on illegitimacy govern.

Updated: A foundling may be regarded as natural-born and, upon satisfying R.A. No. 9225, may reacquire natural-born Philippine citizenship (David v. Senate Electoral Tribunal, G.R. No. 221538, 20 September 2016).

C.A. No. 473 v. R.A. No. 9139

C.A. No. 473 and R.A. No. 9139 are separate and distinct laws—the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions. (So v. Republic, G.R. No. 170603, Jan. 29, 2007)

a. C.A. No. 473

Jurisprudence - LEONEN

When the names of the parents of a foundling cannot be discovered despite a diligent search, but sufficient evidence is presented to sustain a reasonable inference that satisfies the quantum of proof required to conclude that at least one or both of his or her parents is Filipino, then this should be sufficient to establish that he or she is a natural-born citizen. When these inferences are made by the SET in the exercise of its sole and exclusive prerogative to decide the qualifications of the members of the Senate, then there is no grave abuse of discretion. (David v. SET, G.R. No. 221538, Sept. 20, 2016)

The cardinal objective in ballot appreciation is to discover and give effect to, rather than frustrate, the intention of the voter. Extreme caution is observed before any ballot is invalidated and doubts are resolved in favor of the ballot’s validity. This Court finds no grave abuse of discretion by the HRET in its findings after its careful review of the objected ballots and guided by existing principles, rules and rulings on its appreciation. (Locsin v. HRET, G.R. No. 204123, March 19,2013)

Grounds

Upon the proper motion of the Sol. Gen. or the provincial fiscal, naturalization may be canceled when:

• Naturalization certificate was fraudulently or illegally obtained [Po Soon Tek v. Republic, G.R. No. L32408 (1974)] [Owner check: verify the cited G.R. number; the supplied source identifies it as L-32408.];
• If, within the five years next following the issuance, he shall return to his native country or to some foreign country and establish his permanent residence there;
• 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;
• Petition was made on an invalid declaration of intention;
• Minor children of the person naturalized failed to graduate from the schools mentioned in Section 2, through the fault of their parents, either by neglecting to support them or by transferring them to another school or schools; or
• If he has allowed himself to be used as a dummy in violation of the Constitutional or legal provision requiring Philippine citizenship as a requisite for the exercise, use or enjoyment of a right, franchise or privilege.

Naturalization is never final and may be revoked if one commits acts of moral turpitude [In Re: Republic v. Guy, G.R. No. L-41399 (1982)].

Judgment directing the issuance of a certificate of naturalization is a mere grant of a political privilege and that neither estoppel nor res judicata may be invoked to bar the State from initiating an action for the cancellation or nullification of the certificate of naturalization thus issued [In Re: Yao MunTek v. Republic, G.R. No. L-23383 (1971)].

Citizens of the Philippines [Section 1, Article IV, 1987 Constitution]

• Citizens of the Philippines at the time of the adoption of this Constitution;
• Those whose fathers OR mothers are citizens of the Philippines;
• Those who elected to be citizens. This is available only to:
• Those born before Jan 17, 1973;
• To Filipino mothers; AND
• Elect Philippine citizenship upon reaching the age of majority
• Those naturalized in accordance with law.

Section 1 (3), Article IV is also applicable to those who are born to Filipino mothers and elected Philippine citizenship before February 2, 1987. This is to correct the anomalous situation where one born of a Filipino father and an alien mother was automatically granted the status of a natural-born citizen, while one born of a Filipino mother and an alien father would still have to elect Philippine citizenship [Co v. House Electoral Tribunal, G.R. Nos. 92191-92 (1991)].

Citizens of the Philippines at the time of the adoption of the 1987 Constitution

• Citizens under the 1973 Constitution
• Those who are citizens of the Philippines at the time of the adoption of this Constitution;
• Those whose fathers or mothers are citizens of the Philippines;
• Those who elect Philippine citizenship pursuant to the provisions of the Constitution of 1935; and
• Those who are naturalized in accordance with law [Section 1, Article III, 1973 Constitution].

Hypothetical Question: If a certain foreigner was naturalized under the 1935 Constitution. At the time of the adoption of the 1987 Constitution, will he be regarded as a natural-born Philippine citizen since he did not do some act to perfect his Philippine citizenship under the 1987 Constitution?

• Citizens under the 1935 Constitution
• Those who are citizens at the time of the adoption of this Constitution;
• 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; This is known as the Caram Rule, and is only applicable to elective positions, not appointive ones [Chiongbian v. de Leon, G.R. No. L2007 (1949)];
• Those whose fathers are citizens of the Philippines;
• Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
• Those who are naturalized in accordance with law [Section 1, Article IV, 1935 Constitution].

Requirement for Naturalized Citizens:

• For persons retaining or reacquiring Philippine citizenship under RA 9225, to vote - meet the requirements of Article V, Section 1 of the 1987 Constitution and applicable overseas-voting and other election laws, pursuant to Section 5(1) of RA 9225.
• To be elected to public office - renounce foreign citizenship.
• For persons retaining or reacquiring Philippine citizenship under RA 9225, to be appointed to public office - before assuming office, take the prescribed Philippine oath of allegiance and renounce the oath of allegiance taken to the foreign country, pursuant to Section 5(3) of RA 9225.

Residence - One’s domicile or legal residence. It is where a party actually or constructively has his permanent home, or where he, no matter where he may be found, eventually intends to return and remain.