CITIZENSHIP

(Article IV)
Legal status of persons.

Who are the citizens of the Philippines?

Who are the citizens of the Philippines?

The following are citizens

of the Philippines:
1) Those who are citizens
of the Philippines at the
time of the adoption of this
Constitution.
On February 11, 1987,
the new constitution was
proclaimed
ratified and took effect.

Who are the citizens of the Philippines?

2) Those whose fathers

or mothers are
citizens of the
Philippines.

Who are the citizens of the Philippines?

3) Those born before

January 17, 1973 , of
Filipino mothers, who
elect Philippine citizenship
upon reaching the age of
majority.
1935 21 years
1973 18 years

Who are the citizens of the Philippines?

4) Those who are naturalized

in accordance with law.

Certificate of Naturalization

Rizalito David, a defeated senatorial bet

in the 2013 elections, filed a complaint in
the Comelecs law department.

According to him, Poe is a child with

no known parents at birth, which the
law classifies as a . . . . . foundling.
.

Foundling
An infant that
has been
abandoned by
its parents and
is discovered
and cared for
by others.

Case of Grace Poe:

Her parents are not known and
cannot be presumed Filipino
citizen, hence she cannot claim
or acquire the status of a naturalborn citizen.
Poe became an American citizen
in 2001 and reacquired her Filipino
citizenship in 2006.

Citizenship issue of
Sen. Grace Poe
September 3, 1968
This is Poes date of
birth in documents.
Edgardo Militar found
infant Poe in the Parish
of Jaro in Iloilo.
Name in Original
Certificate of Live Birth:
Mary Grace Natividad
Contreras Militar.

Jaime Cardinal Sin, Archbishop of Jaro,

baptizes baby Grace.
Tessie Ledesma Valencia was among the
godmothers.
At far right is Edgardo Militar, whom some say
is Grace's biological father.

A DNA test can put to rest whether cockpit worker

Edgardo Militar was the father of Grace Poe.

May 13, 1974

Municipal Court of
San Juan granted the
petition for adoption

of Poe by movie stars

Jesusa Sonora Poe
(Susan Roces) and
Ronald Allan Kelley
Poe (Fernando Poe Jr).
At the time, her name
was legally changed to
Mary Grace Natividad
Sonora Poe.

Naturalization of
Sen. Grace Poe
October 18, 2001 Poe was
naturalized as a citizen of the US
after being petitioned by her husband
who is a dual citizen.
As she took an oath of allegiance to
the US, she renounced her
Philippine citizenship.

1966 International Covenant on

Civil and Political Rights
(ICCPR)
It commits its parties to respect the civil
and political rights of individuals,
including the right to life, freedom of
religion, freedom of speech, freedom of
assembly, electoral rights and rights to
due process and a fair trial.

The Philippines ratified on October 23,

1986, recognized the right of every child
to acquire a nationality.

Citizenship Retention and

Reacquisition Act of 2003
July 7, 2006 As required by R.A. 9225
or the Citizenship Retention and
Reacquisition Act of 2003,"
Poe took her Oath of Allegiance to
the Republic of the Philippines for her to
re-acquire her natural born status.

December 9, 2011 Poes Certificate of

Loss of Nationality of the US was signed
by the Vice Consul on this date.

When she took an oath of

office as MTRCB chair.

July 7, 2005 Poe got her Philippine

Taxpayers Identification Number (TIN)
to settle her fathers estate.

Is Grace Poe a natural

born citizen?

A disqualification case against Poe was filed before

the Senate Electoral Tribunal, (SET)
A similar case was filed before
the Commission on Elections.

Green Card Holder

Green card serves as A green card holder may
proof that its holder, a
only work and reside in
Lawful Permanent
the US but not
Resident (LPR), has
participate in elections.
been officially granted
immigration benefits,
which include:
1) permission to reside
2) take employment in
the United States.

2 Principles / Doctrines of Citizenship

1) Jus Sanguinis
(Latin for "right of blood")

Is a right by which citizenship can

be recognized to any individual
born to a parent who is a citizen
of that state.

2 Principles / Doctrines of Citizenship

2) Jus Soli

(Latin for "right of the territory")

or birthright citizenship

Is a right by which citizenship can be

recognized to any individual born in
the territory of the related state.

Natural-born citizens
Citizens of the Philippines from
birth without having to perform any
act to acquire or perfect their
Philippine citizenship.

Philippine citizenship may be

1) Lost
2) Reacquired
(in the manner provided by law)

Loss of Citizenship
1) By naturalization in foreign country
2) By express renunciation of citizenship
3) By subscribing an oath of allegiance to
support the constitution and laws of a
foreign country
4) By rendering service to, or accepting
commission in the armed forces of a
foreign country.

Ways of Acquiring Citizenship

1) By birth
> this is called the involuntary method
> citizenship is acquired through
blood relationship of the parents
> they are the natural-born citizens

Ways of Acquiring Citizenship

2) By naturalization
> this is called the voluntary method
through naturalization process

Naturalization > is an act of formally

adopting a foreigner into the political body of

the State, clothing him with rights and
privileges of citizenship

> it implies the renunciation of a former nationality

3 ways of acquiring
Naturalization process
1)

By act of Court
> the Regional Trial Court has the
jurisdiction to hear cases about
naturalization of an alien

Cebu Provincial Capitol also the house of

the Regional Trial Court

3 ways of acquiring
Naturalization process
2) By direct act of Congress
> the legislative normally
promulgates an act directly
bestowing citizenship of an
alien

3 ways of acquiring
Baturalization process
By derivative method
> e.g. citizenship is conferred
on the wife of naturalized
husband