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Those who are cotozens of the Philippines at the time of the adoption of the 1987 constitution

1935 CONSTITUTION 1973 CONSTITUTION

1) Under the Philippine bill of 1902; Sec 1) Those whose mothers are citizens of the Philippines
2 of Jones Law of 1916  Provision os prospective in application to benefit
only those born on or after January 17, 1973
(date of the effectivity of the 1973 Constitution)
 In VALLES V. COMELEC:

 Roalind Ybasco Lopez born in


Australia (May 16, 1934) before the
1935 Consti took effect
 Australian parents:
1. Telesforo Yabsco (Filipino)
2. Theresa Marquez (Australian)
 COURT HELD: She was a Filipino
Citizen
 Why?
o All inhabitants of the islands
who were Spanish subjects on
April 11, 1899, and residing in
the islands who did not
declare their intention of
preserving Spanish
nationality between April 11,
1899 and October 11, 1990
were declared citizens of the
Philippines
o And their children born after
April 11, 1899
 Under the principle of jus sangunis,
Rosalind followed the citizenship of
her father
 MARIA JEANETTE TECSON V. COMELEC
 Controversy surrounding the
citizenship of FPJpresidential
candidate
 ISSUE:
1. Won FPJ is a natural-born citizen
would depend on whether his
father, Allan Poe, was himself a
Filipino Citizen?
2. If yes, WON the alleged illegitimacy
of FPJ prevents him from taking
after the Filipino citizenship of his
recognized father?
 RULING:
1. The court took note of the fact that:
 Lorenzo Pou (Father of Allan
Poe), died in 1954 at the age of
84
 This would mean that he
would have been born
sometime in 1870, when the
Philippines was under the
Spanish rule
 Place of residence upon death:
San Carlos, Pangasinan
o In the absence of any
other evidence, could
have been his plave of
residence before death
 With this, Lorenzo Pou would
have benefited from the “en
masse Filipinization” that the
Philippine Bill of 1902 effected
o The Filipino citizenship
of Lorenzo Pou, if
acquired would thereby
extend to his son, Allan F
Poe.
 Therefore, under the 1935
constitution, during which FPJ
was already born, confers
citizenship to all persons
whose fathers are Filipino
citizens regardless of whether
such children are legitimate
or illegitimate.

1) Act No. 2927 (March 26, 1920), then CA


473, on naturalization (Includinf
children below 21 and residing in the
Philippines at the time of naturalization,
as well as children born subsequent to
naturalization)
2) Foreign women married to Filipino
citizens before or after November 30,
1938 (effectivity of CA 473) who might
themselves be lawfully naturalized

3) Those benefited by the Roa doctrine


applying the jus soli
4) CARAM PROVISION:

Those born in the Philippines of foreign


parent, who, before the adoption of the
Constitution had been elected to public office,
are considered Filipino Citizen
5) Those whose mothers are citizens of the
Philippines upon raching the age of
majority, elect Philippine citizenship

2) Those whose fathers or mothers ae citizens of the Philippines


 Prospective application, consistent with provision of the 1973 Constitution
3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority
A. PROCEDURE FOR ELECTION:
 Election is expressed in a statement to be signed and sworn to by the party concerned before any official authorized to
administer oaths.
 Statement to be filed with the nearest Civil Registry
 The statement is to be accompanied with Oath of allegiance to the constitution and the Goernment of the Philippines

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