Malcolm Rivera
The 1935 Constitution of the Philippines established the nation's territory, outlined its principles as a republican state, and defined citizenship and suffrage qualifications. It also established the legislative, executive, and judicial departments, and outlined provisions for governance and natural resource conservation. The 1935 Constitution was drafted by the US and featured a political system virtually identical to that of the US, including a President elected at large for a 4-year term, a bicameral Congress, and an independent Judiciary. The Constitution also provided for the protection of citizens' rights and liberties, including free access to the courts. Under the 1935 Constitution, Filipino citizenship was defined, classified, and regulated by Article IV, which stated that citizens of the Philippines included those who were citizens at the time of the Constitution's adoption, those born in the Philippine Islands of foreign parents elected to public office before the Constitution, those with Filipino fathers, and those who were naturalized in accordance with the law.
| Characteristics | Values |
|---|---|
| Citizens of the Philippines at the time of the adoption of the 1935 Constitution | Citizens of the Philippines |
| Born in the Philippines to foreign parents who were elected to public office in the islands before the adoption of the 1935 Constitution | Citizens of the Philippines |
| Those with fathers who are citizens of the Philippines | Citizens of the Philippines |
| Those with mothers who are citizens of the Philippines, who elect Philippine citizenship upon reaching the age of majority | Citizens of the Philippines |
| Those who are naturalized in accordance with the law | Citizens of the Philippines |
| Natural resources owned by | Citizens of the Philippines |
| Natural resources owned by corporations | 60% owned by citizens of the Philippines |
| Senators | Natural-born citizens of the Philippines, at least 35 years old, qualified electors, and residents of the Philippines for at least two years |
| President | Natural-born citizens of the Philippines, at least 40 years old, qualified voters, and residents of the Philippines for at least 10 years |
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What You'll Learn
Citizens at the time of the Constitution's adoption
The 1935 Constitution of the Philippines established the nation's territory, outlined fundamental rights and liberties, defined citizenship and suffrage qualifications, and established the legislative, executive, and judicial departments, among other provisions. The 1935 Constitution featured a political system virtually identical to that of the United States.
- Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
- Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
- Those whose fathers are citizens of the Philippines.
- Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.
- Those who are naturalized in accordance with the law.
The 1935 Constitution also specified that no person could become a Senator unless they were a natural-born citizen of the Philippines, at least thirty-five years old, a qualified elector, and a resident of the Philippines for at least two years before their election. Similarly, the qualifications for President included being a natural-born citizen and a qualified voter, at least forty years old, and a resident of the Philippines for ten years.
The 1935 Constitution was drafted in 1935 by the United States, which had acquired the Philippines from Spain in the 1898 Treaty of Paris. It became operative in 1946, after the Philippines achieved independence from the US.
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Foreign parents elected to public office
The 1935 Constitution of the Philippines defines Filipino citizenship and outlines the rights and responsibilities of citizens. One of the key provisions of this Constitution is the definition of who are considered citizens of the Philippines.
One specific group mentioned in the 1935 Constitution is those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. This provision recognises that individuals born to foreign parents can still be considered citizens of the Philippines if their parents had been elected to public office before the Constitution was adopted.
The 1935 Constitution also outlines the requirements for holding public office. For example, Section 5 of the Constitution states that no person shall be a Senator unless they are a natural-born citizen of the Philippines, at least thirty-five years old, a qualified elector, and a resident of the Philippines for at least two years before their election.
It's important to note that the 1935 Constitution has been amended and superseded by subsequent constitutions, including the 1973 and 1987 Constitutions. These subsequent constitutions may have modified or expanded upon the provisions regarding citizenship and public office.
In summary, the 1935 Constitution of the Philippines recognised individuals born to foreign parents as citizens if their parents had been elected to public office before the Constitution's adoption. The Constitution also outlined requirements for holding public office, such as age and residency requirements for Senators. However, it's important to consider subsequent constitutions and amendments for a comprehensive understanding of citizenship and public office in the Philippines.
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Children of Filipino fathers
The 1935 Constitution of the Philippines considered citizens those whose fathers were Filipino citizens. This was a shift from the previous prevailing doctrine of jus soli, which recognised citizenship based on the place of birth.
Under the 1935 Constitution, a child born to a Filipino father and a foreign mother was considered a Filipino citizen. This is evident in the case of Alan Poe, the son of Lorenzo Poe, who was considered a Spanish subject under the old civil code of Spain but a Filipino citizen under the provisions of the 1902 Philippine Bill and the 1916 Jones Law.
However, the 1935 Constitution also introduced a new provision regarding the citizenship of children born to Filipino mothers and foreign fathers. According to this provision, these children were considered aliens unless they elected Philippine citizenship upon reaching the age of majority. This was a significant change, as it gave these children the choice to become Filipino citizens, but they were not automatically granted citizenship by birth.
This provision was further clarified in the 1973 Constitution, which followed the doctrine of jus sanguinis, recognising citizenship based on having Filipino parents. Under this Constitution, a child born to a Filipina mother married to an alien was considered a Filipino citizen if their mother reacquired Philippine citizenship during their minority.
It is important to note that the principle of parental authority applied only to legitimate children and not to adopted or illegitimate children.
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Children of Filipino mothers
The 1935 Constitution of the Philippines defined, classified, and regulated Filipino citizenship under Article IV. Under this constitution, children of Filipino mothers could elect Philippine citizenship upon reaching the age of majority. This was also the case for those born after the adoption of the 1973 Constitution, as outlined in the 1987 Constitution, which provided a transitory provision.
The 1935 Constitution did not specify a time period within which the election of Philippine citizenship should be made. However, it was required that the election be made "upon reaching the age of majority." This meant that legitimate children of Filipino mothers could choose to become Filipino citizens by expressing their intention in a signed and sworn statement, accompanied by an oath of allegiance to the Constitution and the Government of the Philippines.
It is important to note that the 1935 Constitution followed the doctrine of jus sanguinis, which means that it disregarded the place of birth of a person. As long as one was born of Filipino parents, they were considered a Filipino citizen. However, if a child of a Filipina mother married to an alien wanted to become a Filipino citizen, they had to elect Philippine citizenship within a reasonable period after reaching the age of majority. On the other hand, if the mother reacquired Philippine citizenship during their minority, the child became a Filipino citizen by operation of law.
The case of Vicente D. Ching, who was born in 1964 to a Chinese father and a Filipino mother, illustrates the application of these citizenship laws. Ching resided in the Philippines and completed a Bachelor of Laws course. When he applied to take the 1998 Bar Examinations, he was allowed to do so on the condition that he provided proof of his Philippine citizenship. The resolution of this case determined that Ching was a Chinese citizen unless he elected Philippine citizenship upon reaching the age of majority, in strict compliance with the 1935 Constitution and Commonwealth Act No. 625.
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Naturalised citizens
The 1935 Constitution of the Philippines defined, classified, and regulated citizenship under Article IV. The following groups of people were considered citizens of the Philippines:
Under the 1935 Constitution, a person born of a Filipina mother married to an alien was considered an alien themselves. However, they could elect Philippine citizenship upon reaching the age of majority. This election of citizenship was a formal process, requiring a signed and sworn statement of intention, accompanied by an oath of allegiance to the Constitution and the government of the Philippines. This process was prescribed by Section 1(3), Article IV of the 1935 Constitution and Commonwealth Act No. 625.
The 1935 Constitution did not specify a time frame for electing Philippine citizenship, only stating that it should occur "upon reaching the age of majority." This ambiguity led to legal debates, such as in the case of Vicente D. Ching, a legitimate child of a Chinese father and a Filipino mother, who sought admission to the Philippine Bar in 1998. Ching's citizenship status was questioned, and he was required to provide proof of his citizenship.
Additionally, the 1935 Constitution did not clarify whether a child of a Filipino mother who elected Philippine citizenship was considered a natural-born citizen or a naturalised citizen. This distinction was addressed in the 1987 Constitution, which took a liberal view, arguing that the election of citizenship retroacts to the moment of birth.
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