Isabella Carter
The concept of citizenship by birth in the Philippine Constitution has evolved over time, with various factors influencing its definition. The 1935 Constitution, drafted as the U.S. granted the Philippines independence, defined citizens as those who were citizens at the time of the constitution's adoption, those born in the country to non-citizen parents but elected to public office, those with a Filipino father or mother, and those born before January 17, 1973, with a Filipino mother who elected for citizenship upon coming of age. The 1947 case of Tam Chong v. Secretary of Labor shifted the landscape by overturning earlier policies granting citizenship by birth to anyone born in the Philippines, instead emphasizing citizenship by descent. The 1987 Constitution further refined the concept, recognizing natural-born citizens as those with at least one Filipino parent at birth, maintaining the provision for those born before 1973 with Filipino mothers who elected for citizenship, and including those born under the 1935 and 1973 Constitutions to Filipino parents. The Philippines adheres to the principle of jus sanguinis, meaning an individual acquires citizenship from their parents at birth, regardless of their location.
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What You'll Learn
Natural-born citizens
The 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law are the two primary pieces of legislation that govern the requirements for becoming a citizen of the Philippines.
According to the 1987 Constitution, natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship. This means that anyone born to at least one Filipino parent is a natural-born citizen of the Philippines. This definition also includes those born before January 17, 1973, to a Filipino mother, who elected Philippine citizenship upon reaching the age of majority (21 years old).
The 1935 Constitution of the Philippines, drafted as the U.S. prepared to grant the Philippines independence, included a new definition of Philippine citizenship. This definition favoured citizenship transmission by descent rather than unrestricted birthright citizenship. As such, it included as citizens any individual who was a citizen at the time of the constitution's adoption, anyone born in the country to non-citizen parents but elected to public office, those with a Filipino father or mother, and those born to a Filipino mother before 1973 who elected Philippine citizenship upon reaching the age of majority.
Following independence in 1946, the Supreme Court changed its position on birthright citizenship in the 1947 case Tam Chong v. Secretary of Labor. The court overturned previous policies granting citizenship by birth to any person born in the Philippines, determining that birthright citizenship had not been fully extended to the country by new supporting legislation or by the Fourteenth Amendment to the U.S. Constitution. Since this ruling, Philippine citizenship has primarily been acquired by descent from a Filipino parent.
Foreign nationals may naturalize as Philippine citizens by meeting certain requirements, including a minimum residence requirement (usually 10 years), demonstrating proficiency in English or Spanish and a Philippine language, and fulfilling a good character requirement.
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Citizenship by descent
The Philippines abides by Jus sanguinis, which means that citizenship is acquired through one's parents rather than the place of birth. Any person born to at least one Filipino parent receives Philippine citizenship at birth.
Following Philippine independence in 1946, the Supreme Court changed its position on birthright citizenship in the 1947 case Tam Chong v. Secretary of Labor. The court determined that the doctrine of birthright citizenship had not been fully extended to the country either by new supporting legislation since the 1935 Constitution or by extension of the Fourteenth Amendment to the United States Constitution to the Philippines. Since this ruling, Philippine citizenship has primarily been acquired by descent from a Filipino parent.
To be eligible for citizenship by descent, individuals must prove their Filipino lineage through birth certificates, marriage certificates, or other relevant documentation. Once granted citizenship, they gain access to various benefits, including the right to reside, work, and own property in the Philippines.
If you were born outside the Philippines on or after 17 January 1973, you are a Filipino citizen as long as one of your parents was a Filipino citizen at the time of your birth. If this applies to you, you are already Filipino by birth and do not need to apply for dual citizenship. You only need to file a Report of Birth to the relevant Philippine Embassy/Consulate with jurisdiction over the place of your birth for recognition as a Filipino citizen.
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Citizenship by naturalisation
The 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law are the two primary pieces of legislation that govern the requirements for becoming a citizen of the Philippines. Foreign nationals may naturalize as Philippine citizens by fulfilling the following requirements:
- Meeting a minimum residence requirement, typically residing in the Philippines for at least 10 years.
- Acquiring real estate in the Philippines.
- Demonstrating proficiency in English or Spanish, as well as a Philippine language.
- Fulfilling a good character requirement.
Additionally, individuals intending to become citizens must file a petition for naturalization with the Court of First Instance in the province where they have resided for at least the previous year.
It is worth noting that the legal landscape for foreign nationals acquiring Philippine citizenship has been subject to changes due to Supreme Court rulings in the immediate post-independence period, creating procedural barriers that may impact the naturalization process.
Regarding the retention of citizenship, citizens of the Philippines who marry aliens shall typically retain their citizenship unless they are deemed to have renounced it through specific acts or omissions under the law.
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Citizenship by election
The 1935 Constitution of the Philippines, drafted as the U.S. prepared to grant the Philippines independence, included a new definition of citizenship. This definition showed a clear preference for citizenship transmission by descent rather than unrestricted birthright citizenship.
The 1935 Constitution outlined that individuals with Filipino mothers could elect Philippine citizenship upon reaching the age of majority. This was further reinforced by Commonwealth Act No. 625, which prescribed the procedure for electing Philippine citizenship. It required individuals to express their intention in a signed and sworn statement, accompanied by an oath of allegiance to the Constitution and the government.
The 1973 Constitution, enacted after martial law was declared in 1972, allowed Filipina women who married foreign men to retain their citizenship, even if they acquired their husbands' nationalities. This constitution also subjected those born before January 17, 1973, to Filipino mothers to the formal election requirement.
The current 1987 Constitution of the Philippines continues to recognise those who elect Philippine citizenship upon reaching the age of majority as natural-born citizens. It is important to note that the election of citizenship applies specifically to those with Filipino mothers, as the legislation demonstrates a preference for citizenship transmission by descent.
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Loss of citizenship
The conditions by which a person is a national of the Philippines are detailed in the Philippine nationality law. The two primary pieces of legislation governing these requirements are the 1987 Constitution of the Philippines and the 1939 Revised Naturalization Law.
Philippine citizenship may be lost or reacquired in the manner provided by law. Here are some ways in which Philippine citizenship can be lost:
Marriage to a foreigner
Philippine women who married foreign men and gained their husbands' nationalities automatically lost their Philippine citizenship. However, citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission, they are deemed, under the law, to have renounced it. An exception to this is if the woman's husband's country grants the same privilege of dual citizenship to its citizens, and such had been agreed upon by treaty between the Philippines and the foreign country.
Naturalization
Natural-born citizens may lose their citizenship if they acquire foreign citizenship through naturalization. However, under the Citizenship Retention and Reacquisition Act, former natural-born Filipino citizens who acquired foreign citizenship through naturalization are deemed to have not lost their Philippine citizenship under the conditions provided in the Act.
Philippine citizenship can be reacquired by taking the oath of allegiance to the Republic of the Philippines.
Desertion of the Armed Forces
Philippine citizenship may be lost if one is declared by a competent authority to be a deserter of the Philippine armed forces in time of war, unless a plenary pardon or amnesty has been granted.
Direct act of the Congress of the Philippines
Philippine citizenship may also be lost by a direct act of the Congress of the Philippines.
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Frequently asked questions
Citizenship by birth, or jus soli, is the legal principle that a person's nationality at birth is determined by their place of birth. In the Philippines, any person born to at least one Filipino parent is considered a natural-born citizen.
Those born abroad must present a copy of the Report of Birth issued by the Philippine Embassy or Consulate and, in applicable cases, the original copy of their birth certificate from competent foreign authorities.
Since the 1947 case Tam Chong v. Secretary of Labor, the Supreme Court has determined that birthright citizenship is not enough to make a person a Philippine citizen. Citizenship is primarily acquired by descent from a Filipino parent.
You are considered a natural-born citizen as long as one of your parents is Filipino.
If you elected Philippine citizenship upon reaching the age of majority (21 years old), you are considered a natural-born citizen.
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