Simone Lawson
The 1987 Constitution of the Republic of the Philippines outlines the requirements for Filipino citizenship, which include being a citizen at the time of the Constitution's adoption, having Filipino parents, being born to a Filipino mother before 1973 and electing citizenship upon reaching the age of majority, or being naturalized by law. Natural-born citizens are those who are citizens from birth without having to perform any additional acts to acquire citizenship. This distinction is important for certain elected and appointed positions, such as the President, Members of the House of Representatives, and the Supreme Court, which require natural-born citizenship.
| Characteristics | Values |
|---|---|
| Citizens at the time of the Constitution's adoption | Citizens of the Philippines |
| Those with Filipino parents | Citizens of the Philippines |
| Those born before January 17, 1973, to Filipino mothers, who elect Philippine citizenship upon reaching the age of majority | Citizens of the Philippines |
| Naturalized citizens | Citizens of the Philippines |
| Natural-born citizens | Citizens of the Philippines from birth |
| Minimum age for Members of the House of Representatives | 25 years |
| Minimum age for the Chairman and Commissioners of the Civil Service Commission | 35 years |
| Minimum age for the Ombudsman and Deputies | 40 years |
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What You'll Learn
Citizens at the time of the Constitution's adoption
The 1987 Constitution of the Republic of the Philippines outlines four categories of citizens:
- Those who are citizens at the time of the Constitution's adoption.
- Those whose fathers or mothers are citizens of the Philippines.
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
- Those who are naturalized in accordance with law.
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. To be elected President of the Philippines, one must be a natural-born citizen, a registered voter, at least 35 years old, able to read and write, and must not have been candidates for any elective position in the elections immediately preceding their appointment.
Similarly, no person can be a member of the House of Representatives unless they are a natural-born citizen of the Philippines and, on the day of the election, are at least 25 years old, able to read and write, and meet other requirements. The same requirement applies to the Chairman and Commissioners of the Civil Service Commission, who must also have proven capacity for public administration.
Additionally, no person shall be appointed as a Member of the Supreme Court or any lower collegiate court unless they are a natural-born citizen of the Philippines. The Ombudsman and their Deputies must also be natural-born citizens, and at the time of their appointment, at least 40 years old, members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election.
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Children of Filipino citizens
The 1987 Constitution of the Republic of the Philippines outlines four categories of Filipino citizens:
Those who are considered citizens of the Philippines include those whose fathers or mothers are citizens of the Philippines. This means that children of Filipino citizens are also considered citizens themselves, regardless of where they are born. This is a key indicator of the country's recognition of jus sanguinis, or citizenship based on blood relations.
Furthermore, the constitution makes a specific provision for those born before January 17, 1973, of Filipino mothers. These individuals can elect Philippine citizenship upon reaching the age of majority, and they are then deemed natural-born citizens.
Natural-born citizens are defined as those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. This means that children of Filipino citizens, as outlined above, are considered natural-born citizens and have the same rights and privileges as those who acquired citizenship at the time of the constitution's adoption.
It is important to note that Philippine citizenship can be lost or reacquired as provided by law. For example, citizens of the Philippines who marry aliens (non-citizens) shall retain their citizenship unless they are deemed to have renounced it through their actions or omissions. This provision ensures that Filipino citizens who marry non-citizens do not automatically lose their citizenship but instead have a choice in the matter.
Overall, the 1987 Constitution of the Republic of the Philippines recognises the importance of blood relations in determining citizenship and grants children of Filipino citizens the right to citizenship and the privileges that come with it.
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Those born to Filipino mothers before 17 January 1973
According to the 1987 Constitution of the Republic of the Philippines, citizens include:
> [...] (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [...]
The specific date of 17 January 1973 as a cutoff point is significant and was carefully chosen by the drafters of the Constitution. This date holds legal and historical significance in the context of Philippine citizenship law. It represents a key turning point in the evolution of citizenship rights and reflects the country's changing legal landscape at the time.
By setting this date as a reference point, the Constitution ensures that individuals born before it are afforded the opportunity to claim Filipino citizenship by virtue of their maternal lineage. This provision acknowledges the maternal descent of citizenship, recognising the fundamental role that mothers play in shaping the identity and allegiance of their children.
It is important to note that this specific provision of the 1987 Constitution addresses a particular cohort of individuals born before the specified date. Their eligibility for citizenship is contingent upon their proactive election of Philippine citizenship upon reaching adulthood. This election process allows these individuals to affirm their allegiance to the Philippines and to actively choose to be part of the Filipino community, enjoying the rights and assuming the responsibilities that come with citizenship.
In summary, the provision "Those born to Filipino mothers before 17 January 1973" in the 1987 Constitution of the Republic of the Philippines extends the offer of citizenship to a specific group of individuals. This offer is contingent upon their proactive election of Philippine citizenship upon reaching the age of majority, allowing them to affirm their connection to the nation and join the Filipino community as full citizens.
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Naturalised citizens
The 1987 Constitution of the Republic of the Philippines defines citizens as:
- Those who are citizens of the Philippines at the time of the adoption of the Constitution
- Those whose fathers or mothers are citizens of the Philippines
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
- Those who are naturalised in accordance with law
The fourth category, "those who are naturalised in accordance with law", refers to individuals who have acquired Philippine citizenship through naturalisation, which is a legal process by which a non-citizen can become a citizen of the Philippines. This typically involves fulfilling certain requirements, such as residing in the country for a specified period, demonstrating good moral character, and taking an oath of allegiance to the country.
It is important to note that naturalised citizens may have some restrictions that do not apply to natural-born citizens. For example, certain positions of public office may be restricted to natural-born citizens only. Additionally, the process of naturalisation can vary in terms of requirements and procedures, and there may be different paths to naturalisation depending on an individual's specific circumstances.
The 1987 Constitution also addresses the retention of citizenship. According to the Constitution, citizens of the Philippines who marry aliens shall retain their citizenship unless they are deemed to have renounced it by their acts or omissions. This provision ensures that individuals who marry non-citizens do not automatically lose their Philippine citizenship, but there may be certain circumstances where their actions indicate a renunciation of citizenship.
Lastly, the Constitution mentions dual allegiance, stating that it is "inimical to the national interest and shall be dealt with by law". This indicates that holding dual citizenship may be subject to specific regulations or restrictions as outlined in Philippine laws. Individuals who acquire Philippine citizenship through naturalisation may need to consider the implications of dual allegiance, especially if they already hold citizenship in another country.
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Natural-born citizens
The 1987 Constitution of the Republic of the Philippines defines natural-born citizens as those who are citizens of the Philippines from birth and who have not had to perform any act to acquire or perfect their Philippine citizenship. This means that a natural-born citizen is someone who is a citizen by virtue of their birth, and this status is inherent and automatic.
The Constitution outlines four categories of citizens of the Philippines, and the first three categories are particularly relevant to the concept of natural-born citizens:
- Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution.
- Those whose fathers or mothers are citizens of the Philippines.
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
The first two categories encompass those who are inherently citizens from birth due to the timing of the constitution's adoption or due to their parent's citizenship. The third category includes those who may have been born before the constitution's adoption to Filipino mothers but were not yet of legal age to elect citizenship. By electing Philippine citizenship upon coming of age, they are deemed natural-born citizens.
The significance of being a natural-born citizen in the Philippines is evident in various positions of power within the government. For example, no person may be elected President unless they are a natural-born citizen of the Philippines, a registered voter, and meet other requirements such as being able to read and write. Similarly, no person can be a Member of the House of Representatives or the Supreme Court unless they are a natural-born citizen and meet other specific criteria. The Civil Service Commission, which administers the civil service, is also composed of natural-born citizens of the Philippines.
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