Citizenship

Question 1

Classification of Citizens

Answer 1

1. Citizens
   
   1. Natural-born
   2. Naturalized
   3. Dual
2. Aliens
3. Stateless Individuals

Question 2

Article IV Citizenship

Section 1:

Who are citizens of the Philippines

Answer 2

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; [jus sanguinis]
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

Those who are naturalized in accordance with law.

Question 3

Jus Sanguinis

Answer 3

Latin of right of blood

It is a principle of nationality law by which citizenship is determined or acquired by the nationality of one or both parents. It is a rule of law that a child’s citizenship is determined by that of his or her parents.

Question 4

Evolution of the Principle of Jus Sanguinis as basis of Filipino Citizenship under 1935, 1973 and 1987 Constitution?

Answer 4

Bar Question 2015, No. 12. Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935, 1973, and 1987 Constitutions. (3%)

Answer: In 1935, there was a need of election of Philippine citizenship if only the mother was Filipino. In 1973 and 1987, no more distinction. You need not elect. Sufficient that one of them is Filipino

Question 5

Who can elect Filipino Citizenship?

Answer 5

1. Who can elect?

a. You must be a legitimate child (Republic v. Lim, 2004)
b. Mother is a Filipino, Father is an alien
c. Born prior to January 17, 1973 (born prior to 1973 constitution)

Question 6

At what time must the mother be Filipino so that the child is entitled to elect citizenship?

Answer 6

Filipino at the time of marriage.

Question 7

Age to elect citizenship

Answer 7

within 3 years upon reaching the age of majority. Beyond 3 years, it’s no longer allowed.

Question 8

Naturalization

Answer 8

(a) Judicial naturalization (CA 473)
(b) Administrative naturalization
(c) Legislative naturalization

Question 9

Re: Naturalization

Answer 9

1. Not a right but a mere privilege -

what is the consequence of that? Because in one case, somebody did not go through the requirement publication anymore or in another case somebody did not express his declaration of intention. The supreme court said, remember this is not a right. You have to strictly follow the procedure laid down by the law.

1. Not barred by res adjudicata

The decision is favorable to you, or it is granted, actually you [the case] can be reopened and you can be denaturalized. Example: expropriation case

1. Naturalization of the father benefits wife and minor children

This is based on the old discriminatory principle that the wife is a mere accessory of the husband. As to the minor children this is also true in the dual citizenship law.

1. Action for denaturalization does not prescribe

This is related to principle in number 2. Asked in the bar twice.

Question 10

Who is a natural-born Filipino?

Answer 10

Article IV Section 2

Sec. 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 under para. 3, Sec. 1 hereof, shall be natural born citizens.

Question 11

Dual Citizenship

Answer 11

Dual citizenship arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by those states and is involuntary.

Question 12

Dual allegiance

Answer 12

Dual allegaince refers to the situation in which a person simultaneously owes by some positive and voluntary act, loyalty to two or more states

Question 13

Dual Citizenship is not the same as dual allegiance

Answer 13

True. An individual may have 2 or more citizenship but owe allegiance to one State.

Question 14

What is the status of the Citizenship of a Filipino after Reacquisition of Philippine Citizenship under RA 9225

Answer 14

Natural born. Reacquisition of Philippine Citizenship under RA 9225 will restore him back of his former status as a natural-born citizen

Question 15

What is the effect to the alien wife if his spouse required Filipino Citizenship by virtue of RA9225?

Answer 15

She remains an alien because RA 9225, the reacquisition of Filipino Citizenship did not extend its benefits to the wife. The wife should file with the Bureau of Immigration a petition for cancellation of her alien certification of registration on the grund that in accordance with Section 15 of teh Naturalization Law, she should be deemed to have become a Filipino Citizen. As to the children, the unmarried childen below 18 years of age, whether legitimate, illegitimate or adopted shall be entitled to derivative Philippine citizenship.

Question 16

Doctrine of Operative Fact

Answer 16

The Doctrine of Operative Fact The general rule is that an unconstitutional law is void. It produces no rights, imposes no duties and affords no protection. However, the doctrine of operative fact is an exception to the general rule and it only applies as a matter of equity and fair play. Under the doctrine of operative fact, the unconstitutional law remains unconstitutional, but the effects of the unconstitutional law prior to its judicial declaration of nullity, may be left undisturbed as a matter of equality and fair play. It can never be invoked to validate as constitutional an unconstitutional act.

Question 17

Conduct of legislative inquiry vis a vis criminal and administrative cases

Answer 17

The mere filing of a criminal or an administrative complaint before the court of quasi0judicial body should not automatically bar the conduct of legislative inquiry provided that there is an explicit subject and nature of the inquiry. Since legislative inquiry is an essential part of legislative power, it cannot be made subordinate to criminal and civil actions.