CITIZENSHIP AND DIMICILE OF NATURAL 1.

Those who are citizens of the Philippines at

PERSONS the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens
1. CITIZENSHIP: Importance of nationality and
of the Philippines;
domicile.
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
2 concepts of “citizen”
Citizenship upon reaching the age of
a. A natural person
majority; and
b. Those juridical persons at least 60% of whose
4. Those who are naturalized in the accordance
capital is owned by a Filipino natural persons.
with law.
Article 15. Laws relating to family rights and duties,
or to the status, condition and legal capacity of NATURAL-BORN CITIZENS
persons are binding upon citizens of the Philippines,
Section 2. Natural-born citizens are those who are
even though living abroad. (Nationality Principle)
citizens of the Philippines from birth without having
to perform any act to acquire or perfect their
Article 16, (2nd par):
Philippine citizenship. Those who elect Philippine

“However, intestate and testamentary successions, citizenship in accordance with paragraph (3), Section
both with respect to the order of succession and to 1 hereof shall be deemed natural-born citizens.

the amount of successional rights and to the intrinsic

validity of testamentary provisions, shall be
3. ELECTION OF CITIZENSHIP
regulated by the national law of the person whose
succession is under consideration, whatever may be
 Commonwealth Act 625 – prescribes the
the nature of the property and regardless of the
procedure for the election of citizenship.
country wherein said property may be found.”
 No more persons of such class under the 1987
2. WHO ARE THE CITIZENS OF THE PHILIPPINES Constitution.

Citizenship, defined
- Is a membership in a political community 4. TWO KIND OF CITIZENS
which is personal and more or less
permanent in character. 2 ways of acquiring citizenship
- Is the status of a person recognized under
the custom or law as being a legal member a. By birth
of a sovereign state or belonging to a nation. b. By Naturalization

2 kinds of citizens
Article IV
a. Natural-born
CITIZENSHIP
b. Naturalized
Section 1. The following are citizens of the
Philippines: 5. DUAL CITIZENSHIP
 Is the status of a person who is a citizen of 2 or
more countries at the same time
LEMSKIE NOTES
 Arise when, as a result of the concurrent filing of the certificate of candidacy, make a personal
application of the different laws of 2 or more and sworn renunciation of any and all foreign
states, a person in simultaneously considered a citizenship before any public officer authorized to
national by the said states. administer an oath;

Example: Xx

A person whose parents adhere to (4) Those intending to practice their profession in the
the principle of the jus sanguinis is born in a Philippines shall apply with the proper authority for
state which follows the doctrine of jus soli. a license or permit to engage in such practice;

 RA 9225 - "Citizenship Retention and Re-  The taking of the oath required by RA 9225 may
acquisition Act of 2003." be interpreted by the other states where the
Filipino is a naturalized citizen, to be a
Section 3. Retention of Philippine Citizenship -
renunciation of his naturalized status.
Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason
of their naturalization as citizens of a foreign country
DUAL CITIZENSHIP vs DUAL ALLEGIANCE
are hereby deemed to have re-acquired Philippine
citizenship upon taking the following oath of DUAL CITIZENSHIP DUAL ALLEGIANCE
allegiance to the Republic: Is the status of a person Refers to a situation where
who Is a citizen of 2 or a person simultaneously
Natural born citizens of the Philippines who,
more countries at the owes, BY SOME POSITIVE
after the effectivity of this Act, become citizens of a
same time ACT, loyalty to 2 or more
foreign country shall retain their Philippine
states
citizenship upon taking the aforesaid oath.
INVOLUNTARY – arises VOLUNTARY – by some
Section 4. Derivative Citizenship - The unmarried when, as a result of the positive act
child, whether legitimate, illegitimate or adopted, concurrent application of
below eighteen (18) years of age, of those who re- the different laws of 2 or
acquire Philippine citizenship upon effectivity of this more states, a person is
Act shall be deemed citizenship of the Philippines. simultaneously considered
national by the said states.
Section 5. Civil and Political Rights and Liabilities
Allowed Sec. 5 , Art. V of the
- Those who retain or re-acquire Philippine
constitution declares that
citizenship under this Act shall enjoy full civil and
dual allegiance is inimical
political rights and be subject to all attendant
to the national interest and
liabilities and responsibilities under existing laws of
shall be dealt with by law.
the Philippines and the following conditions:

(2) Those seeking elective public positions in

FOUNDLINGS ARE NATUAL BORN FILIPINO
the Philippines shall meet the qualification for
holding such public office as required by the  Who are foundling? (Peo-Llamanzares vs
Constitution and existing laws and, at the time of the COMELEC)

LEMSKIE NOTES
 **** But section 4, Article IV of the Constitution
states: Citizenship of the Philippines who marry
LOSS AND RE-ACQUISITION OF CITIZENSHIP
aliens shall retain their citizenship, unless by their act
COMMONWEALTH ACT No. 63 or omission they are deemed, under the law to have
renounced it.
AN ACT PROVIDING FOR THE WAYS IN WHICH
PHILIPPINE CITIZENSHIP MAY BE LOST OR *** dual citizenship of the Filipino woman may occur
REACQUIRED in this case,

7. RE-ACQUISITION OF CITIZENSHIP UNDER CA

63

Section. 2. How citizenship may be reacquired. –

Citizenship may be reacquired:
6. LOSS OF CITIZENSHIP
(1) By naturalization
Section 1. How citizenship may be lost. – A Filipino (2) By repatriation of deserters of the Army,
citizen may lose his citizenship in any of the Navy or Air Corp:
following ways and/or events: (3) By direct act of the National Assembly.

(1) By naturalization in a foreign country; BY REPATRIATION OF DESERTERS OF THE

(2) By express renunciation of citizenship; ARMY, NAVY OR AIR CORP
(3) By subscribing to an oath of allegiance to
- Repatriation results in the recovery of the
support the constitution or laws of a foreign
original nationality
country upon attaining twenty-one years of
- Consists merely of taking the oath of
age or more: Provided, however, That a Filipino
allegiance and registering said oath in the
may not divest himself of Philippine
Local Civil Registrar (LCR)
citizenship in any manner while the Republic
of the Philippines is at war with any country;
(4) By rendering services to, or accepting
8. CITIZENSHIP BY NATURALIZATION
commission in, the armed forces of a foreign
country. 3 ways to become a Filipino citizen by
(5) By cancellation of the of the certificates of naturalization:
naturalization;
a. By Admin Naturalization (RA 9139 or The
(6) By having been declared by competent
Naturalization Law of 2000)
authority, a deserter of the Philippine armed
b. By Judicial Naturalization (CA 473, as
forces in time of war, unless subsequently, a
amended)
plenary pardon or amnesty has been granted;
c. Legislative Naturalization (by passing a law
and
granting a Philippine citizenship to an alien)
(7) In the case of a woman, upon her marriage to
a foreigner if, by virtue of the laws in force in
A. ADMINISTRATIVE NATURALIZATION
her husband's country, she acquires his
nationality.
LEMSKIE NOTES
Section 3. Qualifications. - Subject to the provisions (f) The applicant must be able to read, write and
of the succeeding section, any person desiring to speak Filipino or any of the dialects of the
avail of the benefits of this Act must meet the Philippines; and
following qualifications:
(g) The applicant must have mingled with the
(a) The applicant must be born in the Philippines and Filipinos and evinced a sincere desire to learn and
residing therein since birth; embrace the customs, traditions and ideals of the
Filipino people.
(b) The applicant must not be less than eighteen (18)
years of age, at the time of filing of his/her petition; Section 4. Disqualifications, - The following are not
qualified to be naturalized as Filipino citizens under
(c) The applicant must be of good moral character this Act:
and believes in the underlying principles of the
Constitution, and must have conducted (a) Those opposed to organized government or
himself/herself in a proper and irreproachable affiliated with any association of group of persons
manner during his/her entire period of residence in who uphold and teach doctrines opposing all
the Philippines in his relation with the duly organized governments;
constituted government as well as with the
community in which he/she is living; (b) Those defending or teaching the necessity of or
propriety of violence, personal assault or
(d) The applicant must have received his/her primary assassination for the success or predominance of
and secondary education in any public school or their ideas;
private educational institution dully recognized by
the Department of Education, Culture and Sports, (c) Polygamists or believers in the practice of
where Philippine history, government and civics are polygamy;
taught and prescribed as part of the school
(d) Those convicted of crimes involving moral
curriculum and where enrollment is not limited to
turpitude;
any race or nationality: Provided, That should he/she
have minor children of school age, he/she must have
(e) Those suffering from mental alienation or
enrolled them in similar schools;
incurable contagious diseases;

(e) The applicant must have a known trade, business,

(f) Those who, during the period of their residence in
profession or lawful occupation, from which he/she
the Philippines, have not mingled socially with
derives income sufficient for his/her support and if
Filipinos, or who have not evinced a sincere desire to
he/she is married and/or has dependents, also that
learn and embrace the customs, traditions and ideals
of his/her family: Provided, however, That this shall
of the Filipinos;
not apply to applicants who are college degree
holders but are unable to practice their profession (g) Citizens or subjects with whom the Philippines is
because they are disqualified to do so by reason of at war, during the period of such war; and
their citizenship;

LEMSKIE NOTES
(h) Citizens or subjects of a foreign country whose 9. DOMICILE: DOMICILE DEFINED
laws do not grant Filipinos the right to be naturalized
citizens or subjects thereof. Black:

Section 5. Petition for Citizenship. - (1) Any person “That place where a man has his true, fixed
desiring to acquire Philippine citizenship under this and permanent home and principal establishment,
Act shall file with the Special Committee on and to which whenever he is absent, he has the
Naturalization created under Section 6 hereof, a intention of returning.”
petition of five (5) copies legibly typed and signed,
APPLICATION:
thumb marked and verified by him/her, with the
latter's passport-sized photograph attached to each
1. Art. 829 (CC): “A revocation done outside the
copy of the petition, and setting forth the following:
Philippines, by a person who does not have his
domicile in this country, is valid when it is done
Section 11. Status of Alien Wife and Minor Children.
according to the law of the place where the will
- After the approval of the petition for administrative
was made, or according to the law of the place in
naturalization in cancellation of applicant's alien
which the testator had his domicile at the time;
certificate of registration, applicant's alien lawful wife
and if the revocation takes place in this country,
and minor children may file a petition for
when it is in accordance with the provisions of
cancellation of their alien certificates of registration
this Code.
with the Committee…

10. KINDS OF DOMICILE

Section 12. Status of Alien Husband and Minor
Children. - If the applicant is a married woman, the
1. Domicile of origin or domicile by birth – is the
approval of her petition for administrative
domicile of one’s parents at the time of his
naturalization will not benefit her alien husband but
birth; it is not easily lost; it continues until he
her minor children may file a petition for cancellation
acquires a domicile of choice upon reaching
of their alien certificates of registration with the BI
the age of majority.
subject to the requirements of existing laws.
2. Domicile of choice
3. Domicile by operation of law – that which the
MARRIAGE OF AN ALIEN WOMAN TO A
FILIPINO law attributes to a person because of his
disability to make a choice, in which case he
 Does not make her a Filipino citizen (Dyumantan follows, as a rule, the domicile of his father.
vs Domingo)
11. RULES REGARDING DOMICILE
 She has to show, in proper proceeding, that she
has noon of the disqualification under SEC 4 OF
1. A man has a domicile somewhere
THE REVISED NATURALIZATION LAW.
2. A domicile once established remains until a
new one is acquired
What if the “proper proceeding”? In a petition for
3. A man can only have 1 domicile at a time
cancellation of Alien Certificate of Recognition (ACR)

LEMSKIE NOTES
A person may change his domicile of origin or of  The domicile of an adopted child followed that
domicile of choice by complying with the following of the adopting parent.
requirements;

1. An actual removal or an actual change of

domicile 13. DOMICILE vs RESIDENCE
2. A bona fide intention of abandoning the
 A man may have a residence in one place though
former place of residence and establishing a
domiciles in another
new one
3. Acts which correspond with such purpose
14. DOMICILE AND RESIDENCE FOR POLITICAL
PURPOSES
In other words, in order to acquire a new domicile by
choice, the following must concur:
 For the exercise of political rights, domicile and
residence have the same meaning
1. Residence or bodily presence in the new
 Owning a house is not required to establish
locality
residence or domicile. What is required is his
2. An intention to remain there (animus
intention to make it his domicile for all political
manendi)
purposes as shown in his contemporaneous
3. An intention to abandon the old domicile
words and acts.
(animus non revertendi)

VENUE IN ESTATE PROCEEDINGS

12. DOMCIILE OF WIFE AND MINOR CHILDREN

 Venue of action in estate proceedings is the

Family Code, Article 69: The husband and wife shall
place of residence of the decedent at the time of
fix the family domicile. In case of disagreement, the
his death.
court shall decide.
 “residence” refers to ordinary residence and not
The court may exempt one spouse from living to domicile (Jao vs CA0
with the other if the latter should live abroad or there
are other valid and compelling reasons for the
exemption. However, such exemption shall not apply
NATIONALITY AND DOMICILE OF
if the same is not compatible with the solidarity of
CORPORATIONS
the family.

1. CITIZENSHIP OF JURIDICAL ENTITY

 The wife follows the domicile of her husband,
when there is no agreement between them  Definition of DOMESTIC corporation
 The domicile of origin of a legitimate child  All others are FOREIGN corporation
follows that of the father, wherever the child may
be born. Section 2. Corporation defined. – A corporation is an
 The domicile of a mentally deficient children artificial being created by operation of law, having
follows that of their parents with whom they live the right of succession and the powers, attributes
 The domicile of illegitimate children follows that and properties expressly authorized by law or
of the mother incident to its existence.
LEMSKIE NOTES
2. TESTS TO DETERMINE THE CITIZENSHIP OF
CORPORATION

1. THE GRANDFATHER TEST – governs the strict

application of the ownership of a corporation,
namely, at least 60% thereof must be OWNED by
natural persons who are citizen of the
Philippines.
2. THE CONTROL TEST – shares belonging to
corporations or partnerships at least 60% capital
stock of which is owned by Filipino citizens shall
be considered as of Philippine nationality, but if
the % of Filipino ownership is less than 60%, only
the number of shares corresponding to such %
shall be counted as of Philippine nationality.

3. DOMICILE OF JURIDICAL PERSON

Article 51, CC: “When the law creating or recognizing

them, or any other provision does not fix the
domicile of juridical persons, the same shall be
understood to be the place where their legal
representation is established or where they exercise
their principal functions.”

4. DOMICILE OF FOREIGN CORPORATION

 The domicile of a foreign corporation is in the

state where it is incorporated.
 A foreign corporation however may be a resident
of the Philippines where it does business
o Generally, they are those licensed to
do business in the Philippines
o A resident foreign corporation, for tax
purposes, is one which is “doing
business in the Philippines”

LEMSKIE NOTES