Omar Bennett
The 1973 Constitution of the Republic of the Philippines was approved by the Filipino people in a referendum held in January 1973. The Constitution came into full force and effect as of noon on January 17, 1973. It defines the citizens of the Philippines as those who are natural-born citizens, those who elect Philippine citizenship pursuant to the provisions of the 1935 Constitution, and those who are naturalized in accordance with the law. Female citizens who marry aliens will retain their Philippine citizenship unless they are deemed to have renounced it.
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What You'll Learn
Natural-born citizens
Under the 1973 Constitution of the Republic of the Philippines, a natural-born citizen is a citizen of the Philippines from birth, without having to perform any act to acquire or perfect their Philippine citizenship.
The concept of natural-born citizenship in the Philippines also extends to those who elect Philippine citizenship according to the provisions of the 1935 Constitution. These individuals, despite not being citizens at birth, are deemed to be natural-born citizens.
It is important to note that Philippine citizenship can be lost or reacquired as provided by law. For example, a female citizen of the Philippines who marries an alien (non-Filipino) retains her Philippine citizenship unless she is deemed to have renounced it through her actions or omissions under the law.
The rights and duties of natural-born citizens in the Philippines are outlined in the 1973 Constitution, which include the right to due process, equal protection under the law, and the duty to be loyal to the Republic, defend the State, and uphold the Constitution.
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Citizens by election
Under the 1973 Constitution, female citizens of the Philippines who marry aliens (non-citizens) retain their citizenship unless they are deemed to have renounced it by act or omission under the law. This is a significant provision, as historically, women often had to give up their citizenship upon marriage to a foreigner.
Philippine citizenship may be lost or reacquired as provided by law. This means that individuals can voluntarily renounce their citizenship and later regain it if they so choose and meet the necessary requirements.
The 1973 Constitution also made provisions for naturalised citizens, who are those who become citizens of the Philippines through the legal process of naturalisation. These individuals are granted the same rights and privileges as natural-born citizens, except in cases where the law distinguishes between the two.
Overall, the 1973 Constitution provided a comprehensive framework for citizenship in the Philippines, recognising the importance of both natural-born and naturalised citizens in the country's nation-building and development.
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Naturalized citizens
The 1973 Constitution of the Philippines allowed for Filipina women who married foreign men to retain their Philippine citizenship even if they acquired their husband's nationality. This was a change from previous legislation, which stated that women who married foreign men and gained their nationality would automatically lose their Philippine citizenship.
The 1973 Constitution also provided a transitory provision that allowed those born before 17 January 1973, of Filipino mothers, to elect Philippine citizenship upon reaching the age of majority. This provision was carried forward into the 1987 Constitution.
Naturalization is one of the ways in which a person may acquire citizenship in the Philippines. Foreign nationals may naturalize as citizens after meeting a minimum residence requirement (usually 10 years), acquiring real estate, demonstrating proficiency in English or Spanish and a Philippine language, and fulfilling a good character requirement. The process involves filing a petition for naturalization with the Court of First Instance in the province where the individual has resided for at least the previous year.
The 1973 Constitution also dictated that desirable aliens were welcome to become citizens, but a balance must be created to "bar undesirables without unduly discouraging worthwhile aliens desirous of becoming Filipinos."
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Female citizens who marry aliens
Under the 1973 Constitution of the Republic of the Philippines, a female citizen who marries an alien (or a foreign national) shall retain her Philippine citizenship unless, by her act or omission, she is deemed to have renounced her citizenship under the law. This was a significant change from previous nationality laws, as prior to this, Philippine women who married foreign men and acquired their husband's nationalities automatically lost their Philippine citizenship.
The 1973 Constitution also allowed Filipina women who married foreign men to retain Philippine citizenship even if they had acquired their husband's nationality. This was a significant step towards recognising the rights of Filipina women who married foreign nationals and ensuring that they were not stripped of their citizenship as a result of marriage.
It is important to note that the 1973 Constitution of the Republic of the Philippines was enacted under the dictatorial rule of Ferdinand Marcos. This constitution was later superseded by the 1987 Constitution, which remains the primary legislation governing nationality requirements in the Philippines, alongside the 1939 Revised Naturalization Law.
Under the current nationality laws in the Philippines, any person born to at least one Filipino parent receives Philippine citizenship at birth. Foreign nationals may also naturalise as Philippine citizens by meeting certain requirements, including a minimum residence requirement (usually 10 years), acquiring real estate, demonstrating language proficiency, and fulfilling a good character requirement.
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Citizens who can lose or reacquire citizenship
The 1973 Constitution of the Republic of the Philippines outlines who its citizens are. Citizens of the Philippines include:
- Those who were citizens of the Philippines at the time of the adoption of the 1973 Constitution.
- Those whose fathers and mothers are citizens of the Philippines.
- Those who elected Philippine citizenship under the 1935 Constitution.
- Those who are naturalized in accordance with the law.
- A female citizen of the Philippines who marries an alien retains her citizenship unless she is deemed to have renounced it.
Philippine citizenship may be lost or reacquired as outlined in the country's laws. Here are some ways in which citizenship can be lost or reacquired:
Losing Citizenship
Under Commonwealth Act No. 63, there are several ways in which a Filipino citizen may lose their citizenship:
- By acquiring foreign citizenship through naturalization, whether voluntarily or by operation of law, a Filipino citizen automatically loses their Philippine citizenship.
- By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon turning 21 or older.
- By rendering services to, or accepting a commission in, the armed forces of a foreign country.
Reacquiring Citizenship
The reacquisition of Philippine citizenship is governed by Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003). This law allows natural-born Filipinos who have lost their citizenship through naturalization in a foreign country to reacquire it, subject to certain conditions. Reacquiring citizenship under this law restores an individual's full civil and political rights, including the right to vote, own property, and engage in business.
It is important to note that while RA 9225 allows dual citizenship, certain positions, such as running for public office, may require the renunciation of foreign citizenship. Additionally, natural-born Filipinos in the process of becoming citizens of another country can retain their Philippine citizenship by taking an oath of allegiance to the Philippines before completing the foreign naturalization process.
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Frequently asked questions
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
Yes, a female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law, to have renounced her citizenship.
Yes, Philippine citizenship may be lost or reacquired in the manner provided by law.
Those who elect Philippine citizenship pursuant to the provisions of the 1935 Constitution.
