Citizenship in the Philippines 16

Natural-Born and Naturalized Filipino Citizens

Natural-Born Citizens

Natural-born citizens are citizens of the Philippines from birth without needing to perform any act to acquire or perfect their citizenship. Those who elect Philippine citizenship according to paragraph (3), Section 1 are also deemed natural-born citizens.

The Constitution is nationalistic and dictates that only natural-born citizens may be elected as President, Vice President, members of Congress, appointed members of the Supreme Court or inferior courts, or members of any Constitutional Commissions.

A natural-born citizen is a citizen of a given country at birth, without needing naturalization. A Filipino citizen who renounces their citizenship loses the natural-born character and does not reacquire it even if they later become a Philippine citizen again.

The definition includes Filipino citizens born of Filipino mothers who elect Philippine citizenship at the age of majority.

Naturalized Filipino Citizen

Naturalization is the legal act of adopting a foreigner and giving them the privileges of a natural-born citizen. A person may be naturalized by complying with the substantive and procedural requirements of a general naturalization law or by a special act of the legislature.

The following naturalization laws and procedures have been used in the Philippines:

  1. General law of naturalization applied through a judicial process (Revised Naturalization Law, C.A. No. 473, June 17, 1939, still in effect).

  2. General law of naturalization applied through a combination of administrative process and presidential legislative process (Letter of Instruction No. 270, in effect for a limited period from its promulgation by President Marcos on April 11, 1975).

  3. Special naturalization law, i.e., an act of the legislature making a named individual a citizen of the Philippines (e.g., the Republic Act which made Father James Moran, S.J., a citizen or the Presidential Decree which made Mr. Ronnie Nathanielsz a citizen).

  4. Mass naturalization law. The Philippine Bill of 1902 made Filipino citizens of “all inhabitants of the Philippine Islands continuing to reside in them who were Spanish subjects” on 11 April 1899 “and then resided in said islands.”

The procedural requirements are:

  1. Declaration of intention

  2. Filing of petition

  3. Hearing and initial judgment

  4. Period of probation

Upon taking the oath after passing probation, the applicant becomes a Filipino citizen.

The naturalization of a father generally makes his legitimate minor children citizens of the Philippines (C.A. N0. 473, Secs. 15, 16). The wife of a naturalized husband becomes a Filipino citizen if she shows, in an administrative procedure, that she has none of the disqualifications found in C.A. NO. 473, Sec. 2.

Rights and Privileges of a Filipino Citizen

As a Filipino citizen, you are entitled to enjoy all the rights and privileges enumerated in Article III Bill of Rights of the 1987 Philippine Constitution.

Classifications of Rights:

  1. Natural Rights: Inherent to man and given by God. Examples: right to live, love, and be happy.

  2. Constitutional Rights: Guaranteed under the fundamental charter of the country.

  3. Statutory Rights: Provided by the law-making body or by law, such as the right to receive a minimum wage and the right to preliminary investigation.

  4. Civil Rights: Specified under the Bill of Rights, such as freedom of speech and right to information. They are enjoyed by an individual by virtue of citizenship in a state or community.

  5. Economic Rights: Rights to property (personal, real, or intellectual). Examples: right to use and dispose of property, right to practice one’s profession, and the right to make a living.

  6. Political Rights: Rights enjoyed as a consequence of being a member of a body politic. Examples: right to vote and right to be voted into public office.

For those who have acquired Philippine Citizenship, specific rights and privileges include:

  1. The right to travel with a Philippine passport.

  2. The right to own real property in the Philippines.

  3. The right to engage in business and commerce as a Filipino.

  4. The right to practice one’s profession.

  5. The right to vote in Philippine national elections.

Loss and Re-acquisition of Filipino Citizenship

Philippine citizenship may be lost or reacquired as provided by law.

The laws governing loss and reacquisition are:

  1. Commonwealth Act No. 63, as amended

  2. Republic Acts No. 965 and 2639

  3. P.D. No. 75 on repatriation

Lost citizenship may be reacquired by Naturalization or Repatriation. Repatriation is the recovery of original citizenship. Thus, if naturalized citizenship was lost, that is what will be reacquired. If natural-born citizenship was lost, that will be reacquired.

Repatriation

There are different ways of accomplishing repatriation:

  1. For women who lost their citizenship through marriage to aliens.

    • For natural-born Filipinos, including their minor children, who lost their citizenship on account of economic or political necessity, and who are not disqualified, repatriation is accomplished by taking the oath of allegiance to the Republic and registering in the proper Civil Registry and in the Bureau of Immigration.

  2. Processing of applications is done by the Special Committee on Naturalization consisting of the Solicitor General as Chairman, an Undersecretary of Foreign Affairs, and the Director of the National Intelligence Coordinating Agency.

For those who lost citizenship by serving in the United States Armed Forces, repatriation is accomplished simply by taking an oath of allegiance to the Republic and registering the same to the local Civil Registry where he/she resides or where he/she last resided.

Under the Revised Naturalization Law, a Filipino citizen may lose his citizenship:

a) By naturalization in a foreign country
b) By expressed renunciation of citizenship
c) By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining 21 years of age or more (A Filipino, however, may not divest himself of Philippine citizenship in any manner while the Philippines is at war with any country.)
d) By rendering service to, or accepting commission in, the armed forces of a foreign country under certain conditions
e) By cancellation of the certificate of naturalization
f) By having been declared by competent authority, a deserter in the Philippine Armed Forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted.

Citizenship may be reacquired by:

(a) Naturalization, provided that the applicant possesses all of the qualifications and none of the disqualifications
(b) Repatriation of deserters in the army, navy, or air forces
(c) Direct act of the legislature.

Roles of a Citizen: Duties and Obligations

  1. It is the duty of every Filipino to respect, honor, and give due accord to his Filipino heritage, patrimony, values, and tradition.

  2. It is the duty of every Filipino to contribute to the development, welfare, and nation-building of its country.

  3. It is the duty of every Filipino to engage in gainful work to assure himself and his family a life worthy of human dignity.

  4. Loyalty to the republic and national consciousness, aspirations, and ideals shall be asked from every Filipino citizen.

  5. Every Filipino citizen is asked to uphold this Constitution, obey the laws of the land, pay taxes and duties, and to cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society.

  6. Every Filipino citizen must give due honor to the Philippine flag, National Anthem, Philippine President, and other national symbols and emblems.

  7. It is the duty of every Filipino citizen to defend the national territory from aggressive invaders, protect the sovereignty of its people, and preserve the continuity of a just, humane society and government.

  8. It is the duty of every Filipino to report to the proper authorities all plots of terrorism, plans of rebellion, subversion, or insurrection towards the duly and legally acknowledged government, and other acts that will compromise the union and sovereignty of the federal republic.

  9. It is the obligation of every Filipino to report corrupt, dishonest, or fraudulent government officials to the proper forum, courts, and agencies. A Filipino shall not tempt or bribe government officials, steal from the coffers of the government, or escape or abandon his lawful responsibilities.

  10. It is the responsibility of every Filipino to elect officials of government as a means of demonstrating his personal ideals and aspirations for the motherland.