Philippine nationality law
Philippine Nationality Law is currently based upon the principles of jus sanguinis and therefore descent from a parent who is a citizen/national of the Republic of the Philippines is the primary method of acquiring Philippine citizenship. Birth in the Philippines to foreign parents does not in itself confer Philippine citizenship, although RA9139, the Administrative Naturalization Law of 2000, does provide a path for administrative naturalization of certain aliens born on Philippine soil (Jus soli).[1][2]
Belgium and France have similar provisions under their respective nationality laws.
Citizenship by birth
As of 2010[update], with no significant changes expected, Philippine nationality law provides that a person becomes a Philippine citizen by birth if
- that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;[3]
- that person was born on or after January 17, 1973 and either both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[4]
- or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[5]
- or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.[6]
Citizenship by naturalization
Commonwealth Act No. 473, approved June 17, 1939, provided that persons having certain specified qualifications may become a citizen of the Philippines by naturalization.[7]
Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements.[1][2]
Under Section 2 of the Revised Naturalization Law the applicant must possess the following qualifications:
- He/she must not be less than twenty-one (21) years of age on the day of the hearing of the petition;
- He/she must have resided in the Philippines for a continuous period of not less than ten (10) years;
- He/she must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;
- He/she must own real estate in the Philippines worth not less than five thousand (5000) pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
- He/she must be able to speak or write English or Spanish or anyone of the principal languages;
- He/she must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Public Schools of the Philippines where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of the petition for naturalization as Philippine citizen.[8]
Loss and reacquisition of Philippine citizenship
Commonwealth Act No. 36, dated 20 October 1936, provides that Philippine citizens may lose citizenship in any of the following ways and/or events:[9]
-
- By naturalization in a foreign country;
- By express renunciation of citizenship;
- By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.
- By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, except in certain specified cases;
- By cancellation of the certificates of naturalization;
- By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
- In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.
Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, to reacquire Philippine citizenship.[10]
Republic Act No. 9225, approved 29 August 2003, provided that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. It further states that natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic, and that their children whether legitimate, illegitimate or adopted, below eighteen (18) years of age, shall be deemed citizens of the Philippines.[11]
See also
References
- ^ a b The Administrative Naturalization Law of 2000, Chanrobles Law Library, 8 June 2001, http://www.chanrobles.com/republicactno9139.html, retrieved 2006-12-19 .
- ^ a b Rules and Regulations Implementing Republic Act No. 9139, Chanrobles Law Library, http://www.chanrobles.com/republicactno9139rules.htm, retrieved 2006-12-19 .
- ^ 1987 Constitution of the Republic of the Philippines, Chanrobles Law Library, 15 October, 1986, http://www.chanrobles.com/philsupremelaw1.htm, retrieved 2008-10-06 .
- ^ 1973 Constitution of the Republic of the Philippines, Supreme Court of the Philippines e-library, 17 January 1973, http://elibrary.judiciary.gov.ph/index7.php?doctype=Constitutions&docid=a45475a11ec72b843d74959b60fd7bd64558f6f05f5e6%20, retrieved 2009-08-04 .
- ^ 1935 Constitution of the Republic of the Philippines, Chanrobles Law Library, 14 May 1935, http://www.chanrobles.com/1935constitutionofthephilippines.htm, retrieved 2008-10-06 .
- ^ The Philippine Autonomy Act (Jones Law), Chanrobles Law Library, August 29, 1916, http://www.chanrobles.com/joneslaw.htm, retrieved 2008-10-06 .
- ^ Revised Naturalization Law, LAWPHIL Project, Arellano Law Foundation, 17 June 1939, http://www.lawphil.net/statutes/comacts/ca_473_1939.html, retrieved 2008-10-06
- ^ Philippine Citizenship, The Bureau of Immigration, http://immigration.gov.ph/index.php?option=com_content&task=view&id=206&Itemid=80, retrieved 3 July 2011
- ^ An act providing for the ways in which Philippine citizenship may be lost or reacquired, Chanrobles Law Library, 20 October 1936, http://www.chanrobles.com/commonwealthactno63.html, retrieved 2008-10-06 .
- ^ An act providing for the repatriation of Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos, Chanrobles Law Library, 23 October 1995, http://www.chanrobles.com/republicactno8171.html, retrieved 2008-10-06 .
- ^ Citizenship Retention and Re-acquisition Act of 2003, Chanrobles Law Library, 29 August 2003, http://www.chanrobles.com/republicactno9225.html, retrieved 2008-10-06 .
Further reading
- Cortes, Irene R; Lotilla, Raphael Perpetuo M (1990), "Nationality and International Law from the Philippine Perspective", in Ko, Nationality and International Law in Asian Perspective, Martinus Nijhoff, pp. 335–422, ISBN 079230876X, http://books.google.com/books?id=vwB68hf8bLgC&pg=PA335
- Cornelius J. Peck (1965), "Nationalistic Influences on the Philippine Law of Citizenship", The American Journal of Comparative Law (The American Journal of Comparative Law, Vol. 14, No. 3) 14 (3): 459–478, doi:10.2307/838452, JSTOR 838452.
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1 Partially unrecognised and thus unclassified by the United Nations geoscheme. It is listed following the member state the UN categorises it under.
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