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A Filipino citizen is one born to a Filipino mother

Dear PAO,

Please enlighten me on citizenship. My father is a Taiwanese but his parents came from mainland China.
My mother is a Filipina, whose parents were naturalized here in the Philippines. I was born here in the
Philippines. Is it possible that I am a Chinese citizen? Am I a Filipino citizen? Do I need to do anything in
order to be a Filipino citizen? I am 18 years old. Thank you!

Danny

Dear Danny,

As to your question on whether you are a Filipino citizen, you stated in your letter that you are 18 years
old, which means you were born in 1994 or 1995, about eight years since the passage of the 1987
Philippine Constitution. Article IV, Section 1 of the 1987 Philippine Constitution states:

“The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of the 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.”

Sec. 1(3) states that “those whose fathers or mothers are citizens of the Philippines” are Filipino citizens.
Since according to you your mother is a Filipina, this means that you are a Filipino by birth. The
Constitutional provision requires that either your mother or your father is a citizen of the Philippines. As
long as one of your parents is a Filipino citizen, then you are a natural-born Filipino. You do not need to
do anything to be a Filipino citizen, since by being born to a Filipino mother, you are already a Filipino
citizen.

As to your question on whether you are a Taiwanese or Chinese citizen, unfortunately, we are not
competent to advise you on the matter. Lawyers who passed the Philippine Bar are only competent to
give legal advice on matters related to Philippine law. Since the Public Attorney’s Office is a law office
composed of Filipino lawyers, we can only advise you on matters related to Philippine law. Since
citizenship refers to one’s membership in a state or country, it is the laws of a state that determines
one’s citizenship. If you would like to know whether you are a Taiwanese or Chinese citizen, please be
advised that it is best to ask a lawyer in Taiwan or China on the matter or to refer to the laws of these
states on citizenship.

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