Professional Documents
Culture Documents
Irene R Cortes··
and
Raphael Perpetuo M. Lotilla···
*This is the original version of a paper which is being prepared for and which will
appear as the Philippine chapter in a volume entitled Nationality and International Law in
Asian Perspective, edited by Ko Swan Sik, Interuniversity Institute for International Law
(T.M.C. Asser Institute), The Hague, The Netherlands, to be published in 1987."The local
publication of this original version is taking place on urgent request from several quarters
in view of the government's intention to review the present nationality law, and with the
consent of the project's editor.
The citation style follows the format of ,the original version and differs from the
standard Philippine Law Journal system of citation.
** Vice President for Academic Affairs and Professor of Law University of the
Philippines; Holder, Albino Z. Sycip Professorial Chair. '
*** Assistant Professor of Law, University of the Philippines
1Art. III (1) Constitution of the Republic of the Philippines of 1973 [hereafter
referred to as the 1973 Constitution].
2Art. II (3) 1973 Constitution.
3Art. X (5) (2) 1973 Constitution.
1
Philippines "within the realm of the sovereignty and territorial integrity of the
Republic of the Philippines,,,4 has not affected the nationality laws of the
country.s
The legislative power is vested in the Batasang Pambansa.7 But the presi-
dent, during the period when Martial Law was affective and the legislative body
was not in existence, exercised pleqary legislative powers.8 After the conditional
lifting of Martial Law in 1981, the president has continued to exercise extra-
ordinary legislative powers under Amendment Number 6 to the Constitution
introduced in 1976,9 although the Batasang Pambansa has existed since 1978.10
4Agreement Between the Government of the Republic of the Philippines and the
Moro National Liberation Front with the Participation of the Quadripartite Ministerial
Commission Members of the Islamic Conference and the Secretary-General of the Organiza-
tion of Islamic Conference of 23 December 1976 in Foreign Service Institute, Philippine
Diplomacy: Chronology and Documents (Manila: 1981) pp. 447-452.
5The nature of the autonomy granted by the national government is dermed in
Pres. Decree No. 1618 (1979). See also Pres. Decrees Nos. 1092, 1104, and 1111 (1977),
Letter of Instruction 539 (1977), Proc. Nos. 1628 and 1628-A (1977) and Batas Pambansa
Big. 20 (1979).
6Art. VII (10) 1973 Constitution.
6-ACom. Act 63, Sec. 2 (2), Sec. 4.
7Art. VlII (1) 1973 Constitution.
8Aquino v. Commission on Elections, L-40004, 31 January 1975, 62 SCRA 275.
Martial law was declared on 21 Sept. 1972.and was conditionally lifted on 17 Jan. 1981.
9Amendment No.6 of 1976 to .the 1973 Constitution provides: "Whenever in the
judgment of the President (Prime Minister), there exists a grave emergency or a threat or
imminence thereof, or whenever the interim Batasang Pambansa or the regular National
Assembly fails or is unable to act adequately on any matter for any reason that in his
judgment requires immediate action, he may, in order to meet the exigency, issue the
necessary decrees, orders, or letters of instructions, which shall form part of the law of the
land."
10The interim Batasang Pambansa, which under Amendment No.2 of 1976 to the
Constitution did not have the power to ratify treaties, came into being in 1978. However,
this is to be distinguished from the regular Batasang Pambansa which was inaugurated in
1984 and possesses plenary legislative powers.
11Art. VlII (14) (1) 1973 Constitution except in relation to Article XIV, sec. 16.
period of Martial Law, the president passed upon the ratification of treaties. 12
Treaties automatically become part of the law of the land unless further action
by the legislature is required in order to effect their provisions. Treaties are to be
differentiated from executive agreements which the president can enter into
without the concurrence of the Batasang Pambansa. Executive agreements are
limited to "adjustments of detail carrying out well-established national policies
and traditions and those involving arrangements of a more or less temporary
nature." 13
Judicial power is vested in one Supreme Court and in such inferior courts
as may be established by law.14 Judicial decisions applying or interpreting the
laws or the Constitution form part of the legal system of the Philippines.15 Thus,
they have the same legal effects as laws, treaties and generally accepted
principles of international law. The Philippine Supreme Court has described its
role in the development of international law in the following manner:
Although courts are not organs of the state for expressing in a binding manner
its view on foreign affairs, they are nevertheless organs of the state giving, as
a rule, impartial expression to what is believed to be International Law. For this
reason, judgments of municipal tribunals are of considerable practical impor-
tance for determining what is the right rule of International Law.16
3National Census and Statistics Office, 1980 Census of Population and Housing,
vol. 2 (Manila: 1980) p. xxx and p. 78.
4 Ibid.
SF. Wernstedt and J. Spencer, The Philippine Island World, (U.S.A.: 1967) p. 151.
60p. cit., p. 149 at n. L
7National Census and Statistics Office; 1970 Census of Population and Housing,
vol. 2 (Manila: 1970) p. 476. Religion was last included as an item in the national census
in 1970. "
Out of a total population of 36,684,486 in 1970,36,465,048 were Filipi-
no nationals, while 219,438 were aliens with 86,855 declaring themselves as
Chinese nationals, or .6% and .2% of the entire population, respectively.8 In
1980, out of a population of 48,098,460, there were 56,857 registered aliens,
of whom 46,419 were Chinese nationals.9 This decreased further in 1983 to
32,383 total registered aliens, 24,509 of whom were Chinese nationals.10
Compared to the alien populations in neighboring Southeast Asian states, the
Philippines has a small alien community.l1 However, their small numbers have
not prevented them from occupying a highly significant role in the Philippine
economy. 12
1The Philippines was then composed of distinct self-governing units called barangays
which, compared to the degree of political cohesiveness attained by recognized members of
the international community of that period, had relatively low levels of political develop-
ment.
2See M. Hooker, A Concise Legal History of. South-East Asia (Oxford, 1978)
pp.217-219.
3In re-Application of Max Shoop for Admission to Practice Law, 41 Phil. 213, 225
(1920).
3-AEnglish Translation in Flournoy and Hudson. Collection of Nationality Laws
(New York, 1929) p. 529.
means of ail application with the Governor-General who was empowered to act
on it.4 On August 23, 1868, a royal decree was issued, defming the nationality
of children born of alien parents in the Philippines.s
The Ley Extranjeria de Ultramar was extended to the Philippines by virtue
of the Royal Decree of 13 July 1870 and published in the Manila Official
Gazette on 18 September 1870.6 In addition to the original provisions of the
Royal Decree of 23 August 1868, this law provided that foreigners who under
the laws of Spain obtained naturalization papers or acquired domicile in any
town of the Spanish provinces of the Ultramar (Overseas Provinces) were
considered Spaniards.7
Upon the effectivity of the Spanish Civil Code in the Philippines on 8
December 1889, the doctrines of jus soli and jus sanguinis were adopted as the
principles of attribution of nationality at birth.8 However, those born of alien
parents in Spanish territory had to make a declaration opting Spanish nationality
upon reaching the age of majority.9 In addition, it provided that foreigners who
had obtained naturalization papers and those who, without such papers, had
acquired domicile in any town in the Monarchy were Spaniards, provided they
renounced their former nationality, swore to support the Spanish constitution,
and recorded themselves as Spaniards in the civil registry. 10 The law establishing
the civil registry, however, was never extended to the Philippines; hence the
applicability of that provision of the Civil Code is questionable.ll
After the outbreak of the Philippine Revolution against Spain, independ-
ence was proclaimed by the Filipino revolutionary forces on 12 June 1898, and
a Philippine Republic was established. The Philippine Constitution of 1899,
popularly known as the Malolos Constitution, declared that the follOWingwere
Filipinos:
1. All persons born in Philippine territory. A vessel of Philippine
registry is considered, for this purpose, as part of Philippine
territory.
Children of a Filipino father or mother, although born outside
of the Philippines.
Foreigners who have obtained a certificate of naturalization.
Those who, without such certificate, have acquired domicile
in any town within Philippine territory. 12
----
4Caram v. Montinola, Election Protest No. 24, 26 Aug. 1936 in IV The Lawyers'
Journal (1936) p. 850 at p. 851.
5Caram v. Montinola at p. 853:
6Caram v. Montinola at p. 853.
7Art. 2.0 Ley de Extranjeria of 4 July 1870.
8Art. 17 (1 and 2) Span. Civil Code.
9Art. 19 Span. Civil Code.
10Art. 25 Span. Civil Code.
llCaram v. Montinola at p. 854 quoting Williard, Anotaciones al Codigo Civil, p. 36
and Benedicto v. de la RaIna, 3 Phil. 34 (1903).
12Title IV Art. 6 Political Constitution of the Republic of the Philippines [hereafter
referred to as the Malolos Constitution}.
Domicile was acquired byta foreigner who had stayed two years without inter-
ruption in any locality of the Philippine territory, with an open abode, a known
occupation, and who had been paying all the taXes imposed by the govern-
ment.13 The loss of Philippine nationality was left to the determination of the
legislative authority.14 The provisions of this Constitution, however, did not
attain widespread implementation due to the limited period of effective rule
by the fust Philippine Republic.
The invasion of the Philippines by the United States and its establishment
of a colonial government in the islands, put an end to the hopes of the Philippine
Republic to obtain the recognition of other states.
By virtue of the Treaty of Paris, Spain transferred the sovereignty it
exercised over the area occupied by the Philippine Archipelago to the United
States on 11 April 1899. However, United States citizenship was"not extended
to the inhabitants of the Philippines due mainly to intense opposition from the
American public. 15
Instead, the Act of the Congress of the United States of July 1, 1902
[hereafter referred to as the Philippine Bill of 1902] was passed which granted
Philippine citizenship to all inhabitants of the Philippine Islands continuing to
reside therein who were Spanish subjects on 11 April 1899, except those who
elected to preserve their allegiance to Spain in accordance with the Treaty of
Paris.16
Under this law, citizens of the Philippines were acknowledged nationals
of the United States who were entitled to American diplomatic protection, but
they were not citizens of the United States and, therefore, unqualified to
exercise the political rights appertaining to the latter.17
The citizenship-nationality dichotomy which was introduced by the
United States in 1902 was abandoned only on 4 July 1946 when the political
independence of' the Philippines was proclaimed and Philippine citizenship
attained the equivalence of Philippine nationality under international law.
Thus, unless otherwise indicated in this paper, Philippine citizenship is exclusive-
ly used to denote a political status under the laws of the Philippines as a colony
of the United States. The term "nationalfty," on the other hand, is employed
when the usage intended conforms with the international law concept.17-A
The Act of Congress of23 March 1912 amended the section on citizenship
of the Philippine Bill of 1902 by authorizing the Philippine Legislature - a legis-
lative body for the Philippines exercising limited powers determined by the
Since the laws of the United States during this period prohibited Asiatics from
acquiring American citizenship,26 the disqualification was deemed incorporated
into the Philippine Naturalization Law.
In 1934, the 73rd Congress of the United States approved Public Act No.
127 [hereafter referred to as the Tydings-McDuffie Act] which authorized the
establishment of a commonwealth government for the Philippines in preparation
for its eventual independence, and the adoption of a constitution for that
(I) Those who were citizens of the Philippines at the time of the
adoption of the Constitution;
(2) Those born in the Philippines of foreign parents, who, before
the adoption of the Constitution, had been elected to public
office in the Philippines;
(3) Those whose fathers are citizens of the Philippines;
(4) Those who~e mothers are citizens of the Philippines, who,
upon reaching the age of majority, elect Philippine citizen-
ship; and
(5) Those who are naturalized in accordance with law.29
27 Sec. 1 Tydings-McDuffie Act. But the decision to adopt the constitution of the
commonwealth as the constitution of the republic was taken on its own by the 1934 Consti-
tutional Convention.
28 As provided for in Sees. 1, 3 and 4 of the Tydings-McDuffie Act.
29 Art. IV (1) 1935 Constitution.
30 Supra, pp. 7-8.
43Javellana v. The Executive Secretary, L-36142, 31 March 1973,50 SCRA 30, 141.
44Promulgated 11 April 1975, cf. nI, Pub. Laws 514. It was later amended by Sec. 5
of Pres. Decree No. 1379 of 15 May 1978. As to the status of presiden tial Letters of Instruc-
tion, see supra, p. 2 and (Part One) n. 9.
45The Philippines recognized the People's Republic of China government on 5 June
1975, and accordingly diplomatic relations at ambassadorial level were established between
the two countries effective 9 June 1975.
46Rep. Act 1700 outlawed the Communist Pa~ty of the Philippines. This was subse-
quently amended by Pres. Decrees 885,1835, and 1975.
47 Amendment No.6.
48Martial Law was lifted on 17 Jan. 1981 by virtue of Proclamation No. 2045 but the
president continued to issue direct grants of Philippine nationality after that date. See
Pres. Decrees 1864, 1880, 1881, 1882 all issued in 1983.
(2) Those whose fathers or mothers are citizens of the Philippines
(3) Those who elect Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five.
(4) Those who are naturalized in accordance with law. I
The Civil Code of the Philippines, the general law which governs private
relationships among persons, merely repeats the provisions of the Constitution
on who are nationals of the Philippines.7 However, since it was promulgated
while the 1935 Constitution was still in effect, it had to reflect the provisions
of the 1935 Constitution. The Civil Code provisions on Philippine nationality,
therefore, are deemed superseded by the 1973 Constitution. The other
provisions of the Civil Code affecting nationality, such as the conflict of law
rules and those regulating changes in civil status and family relations, remain in
force. The Muslim Code of Personal Laws establishes certain rules in derogation
of the Civil Code which are applicable only to those who are adherents of
Islam.8 To that limited extent, the laws of the Philippines with respect to the
private relations of persons are composite. But this development has not in any
way altered the constitutional provision on who are citizens of the Philippines.
The 1973 Constitution, like that of 1935, leaves to the legislature the
decision to provide for acquisition of Philippine nationality by naturalization.9
And when the legislature opted to provide for naturalization and the loss and
reacquisition of Philippine nationality, these were contained in laws of general
application. Loss and acquisition of Philippine nationality is governed by
Commonwealth Act Number 63, as amended by Republic Acts Numbers 106,11
2639;2 and 3834,13 Additionally, Republic Act Number 2630 is a law on the
6Art. III (4) 1973 Constitution states. "A natural-born citizen [national] is one who
is a citizen [national] of the Philippines from birth without having to perform any act to
acquire or perfect his Philippine citizenship [nationality]."
7Art. 48 Civil Code of the Philippines.
8Pres. Decree 1083, A Decree to Ordain and Promulgate a Code Recognizing the
System of Filipino Muslim Laws, Codifying Muslim Personal Laws, and Providing for its
Administration and for Other Purposes, 4 February 1977.
9Art. III (1) (4) 1973 Constitution considers as Filipino nationals "Those who are
naturalized in accordance with law."
10Art. 49 Civil Code of the Philippines provides: "Naturalization and the loss and
reacquisition of citizenship [nationality] of the Philippines are governed by special laws."
11nLaws and Res. 28.
12XV Laws and Res. 92.
13XVIII Laws and Res. 719.
reacquiSition of Philippine nationality by those who became members of the
United States Armed Forces.14 A special form of naturalization was provided for
through Letter of Instruction 27015 which introduced more realistic require-
ments although this special form was available only for a short period of time.
On the other hand, the general naturalization law is contained in Commonwealth
Act Number 473.16
Because of the peculiar historical development of Philippine nationality, 17
the current sources of its governing law also include acts of an international
character which were made well before the Philippines became a recognized
member of the international community.18 The earliest treaty which continues
to determine Philippine nationality is the Treaty of Paris. That document
contains provisions regarding the nationality of the inhabitants of the territories
ceded by Spain to the United States.19 Also among these international sources
are purely municipal acts of other states which, from the present view of the
Philippines, are foreign elements necessarily impinging on the Philippine law on
nationality .
Falling within the above class are the Act of Congress of the United States
of 1 July 1902 which established Philippine citizenship for the fIrst tirne,20 and
Public Act Number 127 of the 73rd Congress of the United States21 which
provided for the grant of political independence to the Philippines. Pursuant to
the fIrst law, Philippine citizenship was granted22 to certain inhabitants of the
Philippine territory as ceded by Spain to the Umted States under the terms of
the Treaty of Paris, and the subsequent Treaty signed at Washington D.C.23
between the United States and Spain on the cession of certain outlying islands
to the former.24 Because Philippine citizenship was ascribed to certain classes
of persons living within a particular territory, the delimitation of the territory
of the Philippines assumes a determinant role in the acquisition of such citizen-
ship. The Treaty between the United Kingdom and the United States defIning
the Boundaries between the Philippines and North Borneo2S also assumes
relevance in this respect.
14XY Laws and Res. 86.
15m Pub. Laws 514.
16y Laws and Res. 430.
17see Part Three, supra, at pp.. 6-12; Parts Five and Ten, infra, at pp. 16-18 and
pp. 54-64, respectively.
18The Philippines attained independence from the United States on 4 July 1946.
1930 U.S. Stat. 1754; II Malloy 1690; 11 Bevans 615.
2032 U.S. Stat. 691.
2148 U.S. Stat. 459.
2231 U.s. Stat. 1942; II Malloy 1696; 11 Bevans 623.
2347 U.S. Stat. 2198, 2207; m Redmond 2605; IV Trenwith 4261; 12 Bevans 287,
473.
24Art. II (3) 1973 Constitution.
2547 U.S. Stat. 2198; III Redmond 2605; IV Trenwith 4261; 12 Bevans 287.
International treaties directly affecting nationality also constitute a source
of the Philippine law on nationality, but only insofar as these embody generally
accepted principles of international law on nationality since the Philippines is
not a signatory to the various international conventions regulating nationality.26
However, a number of bilateral agreements entered into by the Philippines have
provisions which affect the exercise of certain rights by nationals of the party-
states.27
xxx all inhabitants of the Philippine Islands continuing to reside therein, who
were Spanish subjects on the eleventh day of April, 1899, and then resided in
said Islands, and their children born subsequent thereto, shall be deemed and
held to be citizens of the Philippine Islands and as such entitled to the protec-
tion of the United States, except such as shall have elected to preserve their
allegiance to the crown of Spain in accordance with the provisions of the
Treaty of Peace between the United States and Spain, signed at Paris Decem-
bu tenth, eighteen hundred and ninety-eight. (emphasis added)
Philippine citizenship under this law was not equivalent to the concept of
nationality under international law, but instead was a narrow identifying term
for a class of persons excluded from the exercise of a set of political rights under
the municipal laws of the United States. To this class of persons also pertained
those rights which arose from the jurisdiction exercised over them by the govern-
ment of the Philippine territory operating undl.'r the authority of the United
States. For purposes of international law, however, Philippine citizens were
nationals of the United States, and entitled to the protection of the latter?
26lncluding the Hague Conventions and Protocols of 1930, the Convention on the
Nationality of Married Women, and the Convention on the Reduction of Statelessness.
Although the Philippines has signed the Convention relating to the Status of Stateless Per-
sons, it has failed to ratify the same.
27 See Part Nine, infra, at p. 54, n. 105.
3The Treaty of Paris provides: '~... In case they [Spanish subjects, natives of the
Peninsula] remain in. the territory [ceded], they may preserve their allegiance to the Crown
of Spain by making before a court of record. .. a declaration of their decision to preserve
such allegiance."
4The period for electing Spanish nationality for peninsuliJres was for eighteen
months from 11 April 1899 as provided in the Treaty of Paris and the Protocol of Agree-
ment of 28 April 1900 Between the United States and Spain.
5 Art. IV (1) (1) 1935 Constitution.
6Art. III (1) (1) 1973 Constitution.
the laws promulgated by the United States Congress, in relation to the Treaty
of Paris, and the laws passed by the legislative bodies in the Philippines during
the different periods in its political history prior to 17 January 1973.
The full extent of the determination made by the United States Congress
and its effects on state succession with respect to the law in nationality is
discussed in Part Ten of this paper.
1Art. III (1) (2) 1973 Constitution classifies as nationals of the Philippines "Those
whose fathers or mothers are citizens of the Philippines." See Part Four, supra, pp. 12-13
for complete text of. Art. III.
2Supreme Court rulings upholding jus soli'principle include: Miiioz v. Collector of
Customs, 20 Phil. 494 (1911); Roa v. Collector of Customs, 23 Phil. 315 (1912); Vaiio Uy
Tat Tong v. Collector of Customs, 23 Phil. 480 (1912); U.S. v. Ong Tianse, 29 Phil. 332
(1915); U.S. v. Ang, 36 Phil. 858 (1917); U.S. v. Urn Bin, 36 Phil. 924 (1917); Go Julian
v. The Government of the Philippine Islands, 45 Phil. 289 (1923); Haw v. Collector of
Customs, 59 Phil. 612 (1934). The same principle was rejected in Chua v. Secretary of
Labor, 68 Phil. 649 (1939), but reupheld in the case of Torres v. Tan Chim, 69 Phil. 518
(1940).
3Tan Chong v. Secretary of Labor, 79 Phil. 249 (1947).
4people v. Marcaida, 79 Phil. 283 (1947); Tio Tiam v. Republic, 101 Phil. 195
(1957). Actually, the principle of jus soli was previously rejected by the 1934 Constitutional
Convention which framed the 1935 Constitution.
5 Art. III (1) (2) 1973 Constitution.
6 Art. III (2) 1973 Constitution.
marriage to aliens only if they are deemed by their act or omission to have lost
their nationality under the express provisions on loss of nationality of the
applicable statute.' However, this was not always the case prior to the
effectivity of the 1973 Constitution. During the period of American occupation
of the Philippines the laws of the US were applicable to the Philippines, such as
the US law on the effect of marriage of a US woman with an alien upon her
nationality. From 11 April 1899 to 1 March 1907, a Filipino woman lost her
Filipino citizenship if by the law of her husband's state she acquired his
nationality and took up residence abroad before 22 September 1922. If a
Filipino woman married an alien on or after 2 March 19079 but prior to 22
September 1922,10 she automatically lost her Philippine citizenship upon
marriage to an alien. If a Filipino woman married an alien on or after 22
September 1922 but prior to 3 March 1931,11 she lost her citizenship only if
the husband was ineligible for citizenship under Philippine law or unless she
made a formal renunciation of her citizenship.12 But if the same woman married
an alien on or after 3 March 1931 but prior to 21 October 1936,13 she did not
lose her Philippine citizenship unless she had formerly renounced it. From 21
October 1936 to 3 July 1946, she lost her Philippine citizenship if, by the law of
her husband's state, she acquired his nationality upon marriage. 14The same rule
applied to a married woman's loss or retention of Philippine nationality from 4
July 1946 to 16 January 1973.15
Women who lost their Filipino nationality prior to 21 October 193616
under any of the instances outlined above reacquire ipso facto their Philippine
nationality upon the demise of their respective husbands. I' After that date,
women who lost their Philippine nationality by reason of marriage to aliens may
7The applicable statute is Commonwealth Act No. 63, I Pub. Laws 307.
80ate of effectivity of the Treaty of Paris. The official position taken by the Oepart-
ment of State when the Philippines was still an American colony regarding the effects of
U.S. laws on the nationali!y of Filipino women who were married to aliens is discussed in
G. Hackworth, Digest of International Law, vol. III (Washington: 1942) pp. 137-138.
9The laws of the United States were applicable to Filipinos during the period of
American occupation of the Philippines.
100ate of effectivity of Sec. 3 of Act of U.S. Congress of 2 March 1907,34 u.s. Stat.
1228.
110ate of effectivity of Sec. 3 of Act of U.S. Congress of 22 September 1922, 42
U.S. Stat. 1021.
120ate of effectivity of Act of U.S. Congress of 3 March 1931,46 U.S. Stat. 1511.
130ate of effectivity of Com. Act No. 63.
14The independence of the Philippines was recognized by the United States on 4
July 1946.
15The 1973 Constitution entered into force on 17 January 1973.
160ate of effectivity of Com. Act. No. 63.
17Talaroc v. Uy, 92 Phil. 52 (1952).
only reacquire it by taking the necessary oath of allegiance to the Republic of
the Philippines and registration in the proper registry. IS
The Naturalization Law makes it easier for the wife of an alien who is
naturalized as a Filipino national to acquire that nationality herself, provided
she does not suffer from any disqualifications under that law.19 However, the
acquisition of Philippine nationality by the wife does not take place automatical·
ly; she has to perform certain acts before she can acquire it.20 The same rules
are applicable to an alien ';omen who marries a Filipino national.21
It still remains undecided, however, whether an alien woman married to an
allien can apply independently of her husband for naturalization under the
Naturalization Law. Prior to the adoption of the 1973 Constitution, there was a
ruling of the Supreme Court that the alien wife can not do so although the Court
admitted that the Naturalization Law does not " ... say that only male alien
persons may seek citizenship [nationality] by naturalization ... ,,22 But the
reasoning advanced by the court in that case23 may no longer be binding under
18Villahermosa v. Commissioner of Immigration, 80 Phil. 541 (1948).
19The Supreme Court construed the phrase "provided she herself might be lawfully
naturalized" in Sec. 15 Commonwealth Act No. 473 to mean "provided she does not suffer
from any disqualifications (Moy Ya Lim Yao v. Commissioner of Immigration, G.R. No.
L-21289, Cct. 4, 1971,41 SCRA 292).
The provision of the Civil Code which obliges the wife to live with her husband
governs the relations between husband and wife inter se, but this does not effect the nation-
ality of the wife which is basically a political matter (Lo Beng Ha Ong v. Republic, G.R. No.
L-24503, 28 Sept. 1968,25 SCRA 247, 252).
20In Moy Ya Lim 'Yao v. Commissioner of Immigration, G.R. No. L-21289, Oct. 4,
1971,41 SCRA 292, the Supreme Court endorsed the following procedure observed by the
Bureau of Immigration as laid down by the Secretary of Justice in Opinion No. 38, series of
1958:
The alien woman must me a petition for the cancellation of her alien certificate of
registration, alleging among other things, that she·is married to a Filipino citizen, and
that she is not disqualified from acquiring her husband's citizenship pursuant to Sec.
4 of Commonwealth Act No. 473, as amended. Upon riling of said petition, which
should be accompanied by the joint affidavit of the petitioner and her Filipino
husband to the effect that the petitioner does not belong to any of the /;loups dis-
qualified by the cited section, the Bureau of ]mmigration conducts an investigation
and thereafter promulgates its order or decision granting or denying the petition.
21 Sec. 15 Com. Act. No. 473, III Pub. Laws 349. There are no parallel provisions
regarding the acquisition of Philippine nationality by aliens who marry Filipino women.
22In the Matter <;>fthe Petititon of Betty Po v. Republic of the Philippines, G.R. No.
30669, July 31, 1970, 34 SCRA 242.
23The Court said:
... we must necessarily take into account other legal provisions on the subject of citi-
zenship, one of them being the one mentioned heretofore, according to which a
Filipino female citizen who marries an allen acquires the latter's citizenship by the
mere fact of her marriage. The grant of citizenship by naturalization to a female alien
applicant while her marriage to another alien is subsisting would, therefore, be
inoperative for the reason that, such grant notwithstanding, she would still be
deem«1 to be a citizen of the country of her husband. The result would be dual
ci~nship which, it is believed, is not contemplated by our laws.
The 1973 Constitution, however, now allows a Filipino female national to retain her nation-
ality despite her marriage to an alien, thus removing the basis for this ruling.
the 1973 Constitution, and it would be more consistent with the 19~:-
Constitution's non-discriminatory attitude toward women if alien wives were
allowed to apply for naturalization independently of their alien husbands.
The apparent discrimination against alien women under the ruling
previously cited is traceable to the Naturalization Law whose provisions
regarding the effect of marriage to a Filipino husband upon an alien woman were
conceived long before the provisions on nationality of the 1973 Constitution
were promulgated.24 More in keeping with the new policy under the 1973
Constitution was the provision of LOI 270 which allowed an alien woman
married to an alien to apply for naturalization as a Philippine national by decree,
whether or not her husband joined her in the application.25
Minor children are generally deemed to follow the nationality of their
parents, although this does not take place automatically in all cases. Minor
children of persons naturalized under the Naturalization Law are considered
Filipino nationals provided that they are born in the Philippines,26 .•or, though
born outside of the Philippines, are dwelling in the Philippines at the time of the
naturalization of the parent.27 Foreign-born minor children of naturalized
persons who are not in the Philippines at the time of the naturalization of the
parent are deemed Filipino nationals only during their minority, unless they
begin to reside permanently in the Philippines when still minors, in which case,
they continue to be Filipino nationals even after reaching tlle age of majority.28
A child born outside of the Philippines' after the naturalization of his parent is
considered a Filipino, unless within one year after reaching the age of majority,
he fails to register himself as a Filipino national at the Philippine Consulate of
the country where he resides, and to take the necessary oath of allegiance. 29
But a minor son of an alien woman married to a Filipino, not the child of the
latter, who relies merely on the acquisition of his mother of Filipino nationality
by said marriage, remains an alien where the mother does not acquire Philippine
nationality for failure to meet the requirements of the Naturalization Law. 30
However, should alien wives be allowed to apply for naturalization as
Philippine nationals while their husbands retain their alien nationalities, there
would be no provision in the Naturalization Law that would indicate what
effects such naturalization would have on the minor children of the couple.
Under LOI 270 which allows the alien wife to apply for naturalization on her
own, the minor children of the naturalized wife do not automatically acquire the
36Ching Leng v. Galang, G.R. No. 11931, October 27, 1958, 104 Phil. 1058
(unreported); See also Therkelsen v. Republic, G.R. No. L-21951, Nov. 27, 1964, 12 SCRA
400.
However, the Philippines has entered into arrangements3? on adoption
with other countries which are illustrative of instances wherein the native state
of the adopted child exercises its authority as parens patriae to authorize and
facilitate the acquisition by its nationals, who generall~ are minors and incapa-
citated to carry out acts with legal effects, of a foreign nationality.38 In execu-
tive agreements on inter-country adoption between the Philippines and
Norway,39 Netherlands,4O Sweden,41 and Denmark42 respectively, provisions
have been made for granting immigration status to the Filipino child proposed
for adoption in the other country. These agreements also provide that when
adopti9n has been completed and the child becomes naturalized in the state of
the adopting parents, a copy of the adoption decree and naturalization papers
will be submitted to the Philippine Ministry of Social Services and Development
which proceeds to have the proper notations made in the Philippine Civil
Registry record on the adopted child. The registration in the Philippines of the
child's acquisition of an alien nationality by naturalization in the state of the
adopting parents appears to be a recognition on the part of the Philippines of
the validity of the minor adopted child's acquisition of that foreign nationality.
However, whether the Philippines recognizes the child's naturalization in a
foreign country as having the effect of loss of Philippine nationality as provided
in Commonwealth Act No. 63 is still an unsettled question.
The 1973 Constitution, like the 1935 Constitution, leaves to the determi-
nation of the legislature the acquisition of nationality by way of-naturalization. 1
In accordance with this authority, the legislature promulgated- Commonwealth
Act 473 which, as amended, has served as the general law for naturalization.2
Any person who desires to be naturalized in accordance with the Naturali-
zation Law must possess certain qualifications and be free of specific disqualifi-
cations. The reqUired qualifications are:3 (1) The applicant must be not less than
twenty-one years of age on the day of the hearing of the petition; (2) The appli-
37The Philippines has inter-country adoption agreements with Australia, Canada, Den-
mark, Netherlands, Norway, and Sweden_ All are still unpublished.
38The age of majority recognized in the Philippines is twenty-one years (Art. 402 Civil
Code of the Philippines).
39 Administrative Agreement Between the Royal Norwegian Ministry of Social Affairs
and the Ministry of Social Services and Development of the Philippines. Took effect on 4
February 1982. Unpublished.
40Memorandum of Agreement Between the Philippines and the Netherlands on Inter-
country Adoption Program. Took effect on 26 June 1975. Unpublished.
41 Agreement Between the Philippines and Sweden on Inter-country Adoption Pro-
gram. Took effect 16 May 1975. Unpublished.
42Memorandum of Agreement Between the Philippines and Denmark on Inter-country
Adoption Program. Took effect on 12 June 1975. Unpublished.
1Art. III (1) (4) 1973 Constitution; Art. IV (1) (5) 1935 Constitution.
2m Pub. Laws 349 as amended by Com. Act 535, m Pub. Law~ 514.
3Sec. 2 Com. Act 473.
cant must have resided in the Philippines for a continuous period of not less than
ten years;4 (3) The applicant must be of good moral character and believe in the
principles underlying the Philippine Constitution, and must have conducted
himself in a proper and irreproachable manner d\lring the entire period of his
residence in the Philippines in his relation with the constituted government as
well as with the community in which he is living;'(4) The applicant must own
real estate in the Philippines worth not less than five thousand pesos, Philippine
currency, or must have som~ known lucrative trade, profession or lawful occupa-
tion;5 (5) The applicant must be able to speak and write English or Spanish and
anyone of the principal Philippine languages; and (6) The applicant must have
enrolled his minor children of school age in any of the public schools or private
schools recognized by the Ministry of Education, Culture and Sports where
Philippine history, government and civics are taught as part of the school
curriculum, during the entire period of the residence in the Philippine required
of him prior to the hearing of the petition for naturalization as a Philippine
national.
The following are disqualified from acquiring Philippine nationality:6
(1) Persons opposed to organized government or affiliated with any association
or group of persons who uphold and teach doctrines opposing all organized
governments; (2) Persons defending or teaching the necessity or propriety of
violence, personal assaUlt, or assassination for the success and predominance of
their ideas; (3) Polygamists or believers in the practice of polygamy;' (4) Persons
convicted of crimes involving moral turpitude; (5) Persons suffering from mental
alienation or incurable contagious diseases; (6) Persons who, during the period
of their residence in the Philippines, have not mingled socially with the Filipinos,
or who have not evinced a sincere desire to learn and embrace the customs,
traditions and ideals of the Filipinos; (7) Nationals or subjects of nations with
whom the Philippines is at war, during the period of such war; (8) Nationals or
subjects of a foreign country whose laws do not grant Filipinos the right to
become naturalized nationals or subjects thereof.8
Aliens applying for Philippine nationality. who bear any hereditary title or
have been members of any of the orders of nobility in the state of which they
are nationals at the time of application are required to make an express
9
Sec.17 Com. Act 473.
10
Sec. 8 Com. Act 473.
11
Sec. 5 Com. Act 473.
12
<Sec. 5 Com. Act 473.
13
Sec. 5 Com. Act 473.
14Sec.5 Com. Act 473.
15Sec.5 Com. Act 473.
16Sec. 7 Com. Act 473.
17 Sec. 7 Com. Act 473.
the requirements on the filing of a declaration of intention; and (9) that he will
reside continuously in the Philippines from the date of the filing of the petition
up to the time of his admission to Philippine nationality.
In addition, it is required that 18 the petition be signed by the applicant
in his own handwriting and supported by the affidavit of at least two credible
persons, stating that they are nationals of the Philippines and personally know
the petitioner to be a resident of the Philippines for the period of time required
by the Naturalization Law, and that he is'a person of good repute and morally
irreproachable, and that said petitioner has, in their opinion, all the qualifica-
tions necessary to become a national of the Philippines and is not in any way
disqualified under the provisions of the Naturalization Law. The petition shall
also set forth the names and post-office addresses of such witnesses as the
petitioner may desire to introduce at the hearing of the case.19 The certificate
of arrival and the declaration of intention are required to be made part of the
petition.20
Immediately upon the filing of a petition, it is the duty of the clerk of
court to publish the same at petitioner's expense, once a week for three
consecutive weeks, in the Official Gazette, and in one of the newspapers of
general circulation in the province where the petitioner resides, and to have
copies of said petition and a general notice of the hearing posted in a public
and conspicuous place in his office or in the building where said office is located,
setting forth in such notice the name, birthplace and residence of the petitioner,
the date and place of his arrival in the Philippines, the names of the witnesses
whom the petitioner proposes to introduce in support of his petition, and the
date of the hearing of the petition.21 No petition can be heard by the courts
until after six months from the publication of the application as required under
the Naturalization Law,22 and no petition shall be heard within the thirty days
preceding any election.23
The hearing of the petition shall be public, and the Solicitor-General,
either himself or through his delegate or the provincial fiscal concerned, shall
appear on behalf of the Republic of the Philippines at all the proceedings and at
the hearing.24 If, after the hearing, the court believes, in view of the evidence
taken, that the petitioner has all the qualifications required by and none of the
disqualifications specified in the Naturalization law and has complied with all
requisites under that law, it shall order the proper naturalization certificate to
be issued and the registration of the naturalization certificate in the proper civil
registry.2S The fmal sentence may, at the instance of either of the parties, be
It is upon taking the oath, and not before, that the applicant for naturali-
zation is entitled to exercise the rights of a Filipino national. 30
Once these requisities are met, the clerk of the regional trial court which
heard the petition shall issue to the petitioner a naturalization certificate. 31 Such
certificate shall, among other things, state the following: 32 the fIle number of
the petition, the number of the naturalization certificate,'the signature of the
person naturalized affIxed in the presence of the clerk of court, the personal
26Judiciary Reorganization Act of 1980, Batas Parnbansa Big. 129, 14 Aug. 1981.
27Sec. 1 Rep. Act 530.
28Sec. 1 Rep. Act 530.
29Sec. 12 Com. Act 473.
30Sec. 2 Rep. Act 530.
31Sec. 12 Com. Act 473.
32 Sec. 12 Com. Act 473.
circumstances of the person naturalized, the dates on which his declaration of
intention and petition were fJIed, the date of the decision granting the petition,
and the name of the judge who rendered the decision. A photograph of the
petitioner with the dry seal affIxed thereto of the court which granted the
petition, must be affIxed to the certifIcate. ~
The fulfillment of each of the above substantive and procedural require-
ments is jurisdictional, and failure to observe any of them may result in the
invalidation of a person's naturalization as a Philippine national. 34
For purposes of monitoring compliance with these requirements, the clerk
of the regional trial court is required to keep a book35 in which the petitions and
declarations of intention shall be recorded in chronological order, noting all
proceedings thereof from the fJIing of the petition to the fmal issuance of the
naturalization certifIcates each page of which shall have a duplicate which shall
be duly attested by the clerk of the court and delivered to the petitioner.
The clerk shall, as soon as possible, forward copies of the petition, the
sentences, the naturalization certificate, and other pertinent data to the OffIce of
the President, the OffIce of the Solicitor-General, and the Provincial Commander
of. the Philippine Constabulary of the province and the municipal judge of the
municipality wherein the petitioner resides.36
The Minister of Justice is authorized to issue the necessary regulations for
the enforcement of the Naturalization Law, and naturalization certifIcate and
other forms required for carrying out the provisions of the Naturalization Law
are prepared by the Solicitor-General, subject to the approval of the Minister of
Justice. 37
This procedure under the Naturalization Law is so exacting and cumber-
some that few aliens have been able to take advantage of it.38 This has been
made doubly diffIcult by the requirement that no declaration of intention shall
be valid unless lawful entry for permane.nt residence has been established. 39
Under the Philippine Immigration Act, aliens are admitted into the Pllilippines
either as immigrants or non-immigrants. Non-immigrants are not entitled to
permanent residence in the Philippines; to be so entitled, they must fIrst leave
the Philippines and obtain immigrant visas from a Philippine consul.40 Immi-
79LOI 270.
80LOI 270 as amended by LOI 491.
81 Sec. 4-a LOI 292 of 9 July 1975.
82Rule 11 Rules and Regulations Promulgated by the Committee Established Pursuant
to Letter of Instructions No. 270 of 21 April 1975.
ing83 and supporting84 documents, was flled in five copies, and supported by
the separate affidavits of two credible witnesses attesting to the applicant's
having met the various requirements for naturalization.
Under the original provisions of LOI 270, the Committee submitted re-
commendations to the president as to who, among the applicants, were eligible
and qualified for naturalization by decree.8S The Committee's function was to
conduct summary,administrative, and fact-rmding inquiries to assist the pres-
ident in the exercise of an essentially legislative act. However, this was amended
by Presidential Decree to vest quasi-judicial functions in the Committee by
granting Philippine nationality to all applicants subsequently found by the
Committee to have met all the requirements for naturalization under
LOI 270.86 Thus, an applicant can take his oath and be issued his certificate
of naturalization upon determination by the Committee that he has met all
requirements for naturalization.
The facilitated process under LOI 270 applies only to applications submit-
ted during the period from 11 April 197587 to 31 March 1977.88 By 29 March
10Sec. 1 (3) Com. Act 63; Haw v. Collector of Customs, 59 Phil. 612 (1934).
HOp. of the Sec. of Justice No. 174, s. 1953.
12Sec. 1 Com. Act 63.
13 See. 1 (4) Com. Act 63.
14Sec. 1 (4) (a and b) Com. Act 63.
15Sec. 1 (4) (b) Com. Act 63.
16Sec. 1 (4) (b) Com. Act 63.
170p. of the Sec. of Justice, s. 1940.
18Sec. 1 (3) Com. Act 63.
Renunciation on the part of a Filipino national may also result in the loss
of Philippine nationality if the renunciation is done in an express manner, 19 and
made upon reaching the age of majority. 20 Renunciation is express if it is
From the literal r.1eaningof the words employed in that law, it appears that it
did not authorize the deprivation of an individual's Filipino nationality nor
of the obligations and duties appertaining thereto, but the deprivation only of
the rights enjoyed by a Filipino national.24 -A
25Sec. 1 (5).
26Sec. 18.
27An additional ground under Sec. 19 of the Naturalization Law is: "Any person who
shall fraudulent make, falsify, forge, change, alter, or cause or aid any person to do the
same, or who shall purposely aid and assist in falsely making, forging, falsifying, changing or
altering a naturalization certificate for the purpose of making use thereof, or in order that
the same may be used by another person or persons, and any person who shall purposely
aid and assist another in obtaining a naturalization certificate in violation of the provisions
of this Act, shall be punished by a rme of not more than five thousand pesos or by impri-
sonment for not more than five years, or both, and in the case that the person convicted is a
naturalized citizen (national), his certificate of naturalization and the registration of the
same in th~ proper civil registry shall be ordered cancelled. "
28Sec. 5 (a) Pres. Dec. 836, 76 a.G. 2702, no. 19 (9 May 1983). This has been incor-
porated by reference in Pres. Decrees 923 (1976), 1055 (1976), 1220 (1977), and 122D-A
(1977) all granting naturalization by decree pursuant to LOI 270.
any of his minor children who acquires Filipino nationality by virtue of his
naturalization shall, within five years next following the grant of Philippine
nationality, establish permanent residence in a foreign country, that individual's
certificate of naturalization or acquired nationality shall be cancelled or revoked,
provided that the fact of such person's remaining for more than one year in his
country of origin, or two years in any other foreign country shall be considered
prima facie evidence of intent to permanently reside therein;29 (3) If the natural-
ized person or his wife or child with acquired nationality allows himself or her-
self to be used as a dummy in violation of any constitutional or legal provision
requiring Philippine nationality as a condition for the exercise, use, or enjoy-
ment of a right, franchise or privilege, the certificate of naturalization or ac-
quired nationality shall be cancelled or revoked;30 (4) If the naturalized person
or his wife or child with acquired nationality commits any act inimical to na-
tional security, the certificate of naturalization or acquired nationality shall be
cancelled or revoked;31 and (5) If the naturalized person is convicted of having
fraudulently made, falsified, forged, changed, altered, or caused or aided any
person to do the same, or who purposely aided and assisted in falsely making,
forging, falsifying, changing or altering a naturalization certificate issued pur-
suant to Letter of Instructions 270 for the purpose of making use thereof, or
in order that the same may be used by another person or persons; or if the
naturalized person purposely aided and assisted another in obtaining a natural-
ization certificate in violation of the decree granting Philippine nationality
issued pursuant to LOI 2io, his certificate of naturalization shall be cancelled. 32
The same provisions are reenacted in Presidential Decree Number 137933
which gr:mts quasi-judicial powers to the Committee created to recommend the
naturalization of aliens by decree under LOI 270.
29Sec. 5 (b) Pres. Dec. 836. This has been'incorporated by reference in Pres. Decrees
923, 1055, 1220, and 122o-A all granting naturalization by decree pursuant to LOI 270.
30Sec. 5 (c) Pres. Dec. 836. This has been incorporated by reference in Pres. Decrees
923, 1055, 1220, and 122o-A all granting naturalization by decree pursuant to LOI 270.
31Sec. 5 (d) Pres. Dec. 836. This has been incorporated by reference in Pres. Decrees
923, 1055, 1220, and 122o-A all granting naturalization by decree pursuant to LOI 270.
32Sec. 8 Pres. Dec. 836. This has been incorporated by reference in Pres. Decrees 923,
1055,1220, and 1220-A all granting naturalization by decree pursuant to LOI 270.
3317 May 1978.
2This provision was only introduced in the 1973 Constitution; there was no parallel
provision in the 1935 Constitution.
3Com. Act 473.
4 Art. N (1) (4) 1935 Constitution.
5The Supreme Court has had no opportunity yet to say the last word on this subject.
5-ARep. Act 2630.
6 Art. XIV (5) 1973 Constitution.
7Art. XIV (9) 1973 Constitution.
8 Art. XN (11) 1973 Constitution.
9 Art. XN (14) 1973 Constitution.
10Art. XIV (16) 1973 Constitution as amended.
the Philippines or to corporations or associations wholly owned and managed by
such nationals,l1 whereas the governing body of every entity engaged in com-
mercial telecommunications must in all cases be controlled by Philippine natio-
nals. 12 Educational institutions, other than those established by religious orders,
mission boards, and charitable organizations, shall be owned solely by nationals
of the Philippines, or corporations or associations sixty per centum of the capital
of which is owned by such nationals. 13 However, the control and administration
of educational institutions shall at all times be vested in nationals of the Philip-
pines.14 No educational institution exclusively for aliens can be established, and
no group of aliens can comprise more than one-third of the enrollment in any
school; but these and the preceding requirements are not applicable to .schools
established for foreign diplomatic personnel and their dependents and, unless
otherwise provided by law, for other foreign temporary residents. IS
The Batasang Pambansa is authorized, upon recommendation of the
National Economic and Development Authority, to reserve to nationals of the
Philippines or to corporations or associations wholly owned by such nationals,
certain traditional areas of investments when the national interest so dictates.16
Under the 1935 Constitution, there was no similar provision, but the Supreme
Court found that the distinction in status between aliens and PMippine nationals
was a reasonable basis for classification. 17 The legislative authority has also passed
laws which prescribe Philippine nationality for the exercise of certain rights, inclu-
engaging in particular lines of business;18 the practice of certain professions;19
The Supreme Court ruled, however, that these rights were effective only up
to 3 July 1974.23 Under the 1973 Constitution, the termination of such rights
was reaffirmed; but titles to private lands acquired by Americans before 3 July
1974, though not valid against the government, are deemed valid as against
private persons.24
The Constitution also authorizes the Batasang Pambansa to provide for the
acquisition as a transferee of private land for use as residence by a natural-born
na~ional of the Philippines who had lost his Philippine nationality. 2S Other aliens
are also granted the right to reside in the Philippines and be issued "special
investors resident visas" provided they meet certain requirements including the
investment of at least two million United States dollars in the Philippines. 26
The Constitution generally grants equal treatment to nationals and aliens
alike in the enjoyment of civil rights as indicated by the use of the word "per-
son" in its generic sense in the bill of rights.27 This is also provided for in various
bilateral agreements.28 The Supreme Court has also ruled that the rights an-
20For example, Sec. 1838 of Act 2711 prescribing qualifications for lease of forest
lands; sec. 2 of Act 2719 prescribing qualifications for development and exploitation of
coal lands; Act 3672 for the exploitation of forest products; Act 3983 for the gathering of
wild flowers and plants; Act 4003 for the exploitation and development of fisheries; Rep.
Act 5092 for the development and exploitation of geothermal energy.
210rdinance Appended to the 1935 Constitution Pursuant to Resolution of 18 Sept.
1946 of the First Philippine Congress.
220rdinance Appended to the 1935 Constitution Pursuant to Resolution of 18 Sept.
1946 of the First Philippine Congress.
23Quasha v. Republic, G.R. No. 30299, 17 Aug. 1972,46 SCRA 160.
24Art. XVII (11) 1973 Constitution.
25Art. XIV (15) 1973 Constitution as amended.
26Pres. Decree 1623 (1979) as amended by Pres. Decree 1851 of 1982.
27 Art. IV 1973 Constitution.
28For example, the Treaty of Friendship and General Relations Between the Philip-
pines and Italy, 9 July 1947; Treaty on Civil Rights and Consular Prerogatives Between the
Philippines and Spain, 20 May 1948; Treaty of Friendship Between the Philippines and
Turkey, 13 July 1949~ Treaty of Friendship Between the Philippines and Thailand, 14 Juny
1949.
nounced in the Universal Declaration of Human Right!!is available to all.29 How-
ever, an alien may obtain employment in the Philippines with entities where
such employment is allowed by law only after securing an employment permit
from the ministry of labor, provided that a non-resident alien may be issued an
employment permit after a determination of the non-availability of a person
in the Philippines who is competent, able and willing at the time of application
to perform the services for which the alien is to be employed.29-A Aliens are
subject to deportation on any of the grounds provided in the Immigration Act
and special laws.30
The exercise of certain political rights like suffrage is limited to Filipinos
who possess the prescribed qualifications. 31 Foreigners, whether juridical or
natural persons, are prohibited from extending aid to any candidate or political
group directly or indirectly, or take part in or influence in any manner any
32Art. VII (36) 1978 Election Code, Pres. Decree 1296 (1978).
33Art. 270 Labor Code, Pres. Decree 442.
34Art. 270 Labor Code.
35Art. 271 Labor Code.
36Sec. 4 Batas Pambansa Big. 52 (1979).
37Exec. Order 857.
38Art. VII (4) 1973 Constitution.
39Art. VII (2 and 4) 1973 Constitution.
40 Art. VIII (4) 1973 Constitution.
41 Art. X (3) (1) 1973 Constitution.
42 Art. X (3) (2) 1973 Constitution.
43 Art. XII (B) (1) (1) 1973 Constitution on the civil service commission; Art. XII (C)
(1) on the commission on elections; and Art. XII (D) (1) (1) on the commission on audit.
440p. of the Min. of Justice No. 74, s. 1979.
He referred to the decision of the Supreme Court in the case of Chon Teck
Lao v. Republic where the court ruled that a naturalized national is entitled to
similar treatment as a natural-born nationa1.45 Thus, he advised against the
adoption of Parliamentary Bill Number 224 which sought to limit the retail
trade of rice or corn to natural-born Filipino nationals, stating that
... the Philippine Constitution does not provide basis for holding
that it contemplates two classes of citizenship [nationality], except
for the specified instances wherein only natural-born citizens [na-
tionals] are considered qualified for certain offices. 'Citizenship
obtained through naturalization is not a second-class citizenship.'46
The amendment of the Pharmacy Law has also been proposed in order to do
away with the provision that only natural-born Filipinos can apply for the phar-
macy board examination or open a retail drugstore as these "discriminate
unjustly against Philippine citizens [nationals] who acquired Philippine citizen-
ship [nationality] by election or by naturalization ... ,,48
There remain in the statute books, however, laws which, in addition to
those prescribed in the Constitution, limit the exercise of certain rights to
natural-born Philippine nationals.49 Until these are declared unconstitutional,
they remain binding and effective.
The 1973 Constitution lays down the duties and obligations of Philippine
nationals. so All nationals have the duty to be loyal to the Republic of the
Philippines and to honor the Philippine flag, to defend the Philippine state and
contribute to its development and welfare, to uphold the Philippine Constitution
and obey the laws, and to cooperate with the duly constituted authorities in
the attainment and preservation of a just and orderly society. 51 A Philippine
national also has the duty to exercise his rights responsibly and with due regard
for the rights of others, 52 and to engage in gainful work to assure himself and his
family a life worthy of human dignity. 53 Nationality is also the sole criterion
fixed by the Constitution for determining who are obligated to render personal
military or civil service whenever required by law. 54 All able-bodied Philippine
45
G.R. No. L-25300, 4 Jan. 1974,55 SCRA l.
460p. of the Min. of Justice No. 74, s. 1979.
470p. of the Min. of Justice No. 74, s. 1979.
480p. of the Min. of Justice No. 74, s. 1979.
49 Among others, Pres. Decree No. 1206 (1977) on membership in the Board of Energy;
Pres. Decree No. 694 (1975) 'on membership in the board of directors of the Philippine
National Bank; membership in the Board of Review for Motion Pictures and TeleVision.
50 Art. V of the 1973 Constitution bears the heading "Duties and obligations of
citizens [nationals]."
51Art. V (1) 1973 Constitution.
52 Art. V (2) 1973 Constitution.
53 Art. V (3) 1973 Constitution.
... enjoy the rights, duties and privileges accorded the national workers of the
receiving country; in the same respect, they shall adhere to respect the laws
and regulations of the receiving co~ntry during the period of employment.96
103Except for public use and upon just compensation with right to remit sums received
as compensation in the currency in which the investment was originally made and at the
exchange rate at the time of remittance. Also subject to restrictions under sec. 74 Rep. Act
265.
104Requisition of property may be done only in the event of war or national emergen-
105The most important of these are the ones entered into with Japan, the United
States, the United Kingdom of Great Britain and Northern Ireland, and the Federal
Republic of Germany.
106Art. 11(3) 1973 Constitution.
place.
The exercise by the United States of sovereign powers over the Philippine
Islands was recognized by the rest of the international community. Hence, no
serious questions have been raised regarding the competence of the United States
to transfer its right of sovereignty over the Philippine territory and its inhabi-
tants to an independent Philippine state. The grant of independence is provided
for in Public Act Number 127 of the 73rd Congress of the United States, 1
approved in 1934, as amended by Public Act Number 300 of the 76th Congress
of the United States.2 The pertinent provision reads in part:
... all the territory ceded to the United States by the treaty of peace
concluded between the United States and Spain on the 10th day of
December 1898, the boundaries of which are set forth in Article
ill of said treaty, together with those islands embraced in a treaty
between Spain and the United States concluded at Washington
on the 7th day of November, 1900.4
The reference to the Treaty of Paris was merely descriptive of the exact
location and extent of the territory granted independence by the United States,
rather than a statement of the le~ basis of the power of the United States to
make such a grant.
The independence of the Philippines was recognized by the United States
in the Provi.s:ionalAgreement Between the United States and the Republic of
the Philippines Concerning Friendly Relations and Diplomatic and Consular
Relations, which provided thus:
. . . the reason being that as a Filipino, his allegiance was due to the
United States, and when he became naturalized as an American
citizen, he merely reaffIrmed such allegiance.8
But although the criterion of nationality was not mentioned, it is clear that
Spain could have. transferred to the United States the allegiance only of those
persons over whom the former exercised the power of sovereignty.
It was unnecessary to provide for the nationality of persons who owed
allegiance to a sovereign other than Spain, though they were found in the Phil-
ippines at the time of its cession, because they were considered to have retained
their respective alien nationalities. They owed Spain only temporary allegiance
by reason of their residence in the islands and only for so long as Spain exercised
sovereign powers over the territory.
However, the allegiance of Spanish subjects who were natives of the Phil-
ippines, and thus presumed to possess permanent attachment to Philippine terri-
tory was deemed to follow the ceded territory. On the other hand, the allegiance
of Spanish subjects who were natives of the Spanish Peninsula could not have
been deemed automatically transferred with the Philippine territory because it
was possible that they were there only as transients. Thus, they were afforded a
right to preserve their allegiance to Spain.
Spanish subjects, however, who were neither natives of the Philippines nor
natives of the Spanish Peninsula were not given the right to elect preservation
of their Spanish nationality. The Philippine Bill of 1902, in providing that Phil-
ippine citizenship was acquired by "all inhabitants of the Philippines continuing
to reside therein who were Spanish subjects on the eleventh day of April, 1899,
and then resided in said Island... ,,11 permitted the acquisition of Philippine
citizenship by those classes of persons whose nationality was not regulated in
the Treaty of Paris.
This provision of the Philippine Bill of 1902 also provided a solution to
the dilemma of naturalized Spanish subjects who were not natives of the Philip-
pines. According to the Philippine Supreme Court, the portion of the Treaty of
Paris which stipulated that
The civil rights and political status of the native inhabitants of the territories
hereby ceded to the United States shall be determined by the Congress.12
9Art. IX (1) Treaty of Paris, 30 U.S. Stat. 1754; II Malloy 1690; 11 Bevans 615.
10Art. IX (2) Treaty Of Paris, 30 U.S. Stat. 1754; II Malloy 1690; 11 Bevans 615.
2l..The Law on Nationality," Supplement to the AJIL, vol. 23, Apri11929, p. 61.
22Ibid.
23Chuoco Tiaco v. Forbes, 40 Phil. 1122,40 JF 1177, 228 U.S. 549, 57- L. Ed. 960.
Similar to, but in a number of ways distinct from, the above case is the
issue presented by the nationality of the native inhabitants of those territories
excluded from the treaties of cession between the United States and Spain.
The acquisition by the Philippines of the Turtle and Mangseeislands is an
illustrative case.
These islands groups were delineated as part of the Philippines in a treaty
entered into in 1907 by the United Kingdom and the United States where the
boundaries of the Philippines and North Borneo were delimited.24 However,
they did not formally become a part of the Philippines until 1946 when the
administration of the islands and their inhabitants were turned over to the
Philippines as the successor of the United States in the exercise of sovereign
power over the said islands.2S
There is no record of the inhabitants of these islands having been required
to apply for naturalization, nor has a case been brought questioning their posses-
\
sion of Philippine nationality. Since the administration of these islands by the
Philippines, their inhabitants have voted in Philippine elections thus raising the
presumption that they are Philippjne nationals because Philippine nationality is a
requirement for the exercise of suffrage.26
The question arises whether the inhabitants of those islands were citizens
of the Philippines by virtue of partial succession effected through cession in
1946, or whether they were citizens of the Philippines from the establishment
of Philippine citizenship in 1902. Although the treaty between Great Britain
and the United States was entered into after Philippine citizenship was esta-
blished, it can be argued that what the treaty did was only to clearly establish the
boundaries of the territories ceded by Spain. This interpretation does fmd
significant support in the language of the treaty which does not include the word
cession, but limits itself to the delimitation of the boundary between the Philip-
pines and North Borneo.27
However, it is still to be established that the Turtle and Mangsee island
24Convention Between the United States of America and Great Britain Delimiting the
Boundary Between the Philippine Archipelago and the State of North Borneo of 3 July
1907,47 U.S. Stat. 2198; III Redmond 2605; IV Trenwith4261; 12 Bevans 287.
25Exchange of Notes Constitut~g an Agreement Between the Republic of the Philip-
pines and the United Kingdom of Great Britain "and Northern Ireland on the Transfer of
Turtle and Mangsee Islands of 24 Sept. 1946, I PTS 705, in which the British Charge d'
affaires said: "Since, as a result of the Act of Independence, the Government of the Repub-
lic of the Philippines has succeeded to the rights and obligations of the United States under
the Notes of 1932, it will be for the Government of the Republic ofjhe Philippines to give
the required notice (to take over the administration of the islands) provided for in them."
The actual transfer took place on 16 Oct. 1947. See The Journal of History, vol. 5 (1957)
pp. 325-327.
26Art. V (1) 1935 Constitution; Art. VI (1) 1973 Constitution.
27Convention. Between the United States of America and Great Britain Delimiting
the Boundary Between the Philippine Archipelago and the State of North Borneo of 3 July
1907,47 U.S. Stat. 2198; III Redmond 2605; IV Trenwith 4261; 12 Bevans 287.
groups were within the boundaries of the territory ceded by Spain to the United
States.28 It is clear, however, that these islands were previously owned by the
Sultanate of Sulu, of which the United States was a successor, and leased by it
to the North Borneo British Company.29 If these islands were not among those
legally ceded by Spain to the United States, then their inhabitants could not
have qualified under the Philippine Bill of 1902 as Philippine citizens because
their inhabitants could not have been subjects of Spain at that time. Nor were
they living within the territory of the Philippines, as defmed in the Treaty of
Paris and the subsequent Treaty of Washington, which was the territorial
boundary for purposes of the application of the Philippine Bill of 1902. Philip-
pine nationality of the inhabitants of these islands, therefore, could be claimed
exclusively through their acquisition of that nationality upon cession to the
Philippines.
Although the Philippine Supreme Court has ruled that the power to deter-
mine the political status of the inhabitants of a territory is inherent in the legis-
lative power of the state to which the territory has been ceded,3o in this case
there has been no formal act of determination of the nationality of the
inhabitants of the ceded territory by the legislature of the state to which it was
ceded. Hence, the answer to questions regarding the exact time when Philippine
citizneship adhered to the inhabitants of these islands, by virtue of mass natural-
ization under international law, would depend on whether the change in
nationality takes effect upon the ratification of the treaty of cession even
without the formal turnover of the territory ceded, or only upon the actual
transfer of sovereignty.31 The latter view appears to have prevailed in this case
because the inhabitants of said islands exercised the rights appertaining to
Filipino nationals only after the transfer to the Philippines of the physical
possession of the islands was made.
The view that the inhabitants of conquered territories automatically
acquire the nationality of the conquering state is reflected in the attitude of the
Philippines in a case involving Austrian nationals. In an opinion rendered by the
Secretary of Justice, the official position of the Philippine government was
stated thus:
28The Turtle and Mangsee island groups lie outside the territory ceded by Spain as
demarcated in Art. III of the Treaty of Paris. They were neither specifically mentioned in
the Treaty of Cession of Outlying Philippine Islands Between the United States and Spain
of 7 Nov. 1900, 31 u.s. sta. 1942; II Malloy 1696; II Bevans 623, although the United
States claimed that the islands were included in the territory ceded to it citing " ... historical
facts and repeated acts of submission of the Sulu chiefs to the Crown of Spain, and the
territorial limits of Spanish jurisdiction in that quarter are stated in general terms in the
protocols signed between Great Britain, Germany and Spain 1877, 1885, and 1897 ... "
Letter of the Secretary of State oto the British Ambassador, 10 Dec. 1904, Foreign Rela-
tion of the United States p. 542 (1907).
29The Journal of History. vol. 5, 1957. pp. 325-327 at 325.
30Palanca v. Republic, 80 Phil. 578, 582-583 (948).
3lWhile the treaty of delimination of the boundary between the Philippines and North
Borneo was entered into in 1907, the actual transfer was made in 1947. During the interve-
ning period, the islands were on lease to the British government as provided for in the Ex-
change of Notes Regarding Certain Islands Off the Coast of Borneo of 3 and 10 July 1907,
47 U.S. Stat. 2207; 12 Bevans 473.
The nationality of the inhabitants of a territory acquired by
conquest or cession becomes that of a government under whose
dominion they pass.32
Hence, an Austrian national in 1940 was deemed to have acquired German na-
tionality upon the annexation of Austria by the German Reich.
Thus, the competence of Philippine authorities extends only over cases involving
the determination of whether or not an individual possesses Philippine nationali-
ty. While in a number of cases Philippine authorities acted to determine whether
or not a Filipino women has acquired the nationality of her alien husband, these
actions have been criticized as misapplications of the law.2
The Philippines, therefore, recognizes the exclusive power of another state
to determine, under its own laws, who are its nationals. However, the exercise of
this power must be in accordance with international law. Thus, the Philippines
has consistently supported the United Nations General Assembly's condem-
nation of the denationalization of African Tribesmen in South Africa, and their
acquisition of the nationality of the bantustans on the ground that the mass
denationalizations were in furtherance of the policy of apartheid. 3 "
But the Philippine Supreme Comt, in at least two cases involving petitions
for naturalization,4 sidestepped the issue of the validity of the act of the
Government of the"Union of Soviet Socialist Republics in depriving thousands of
5This point was not mentioned at all by the court. However, the denationalizations
were effected by the Decree of 15 Dec. 1921, No. 11; the Ordinance Regarding Union
Citizenship of 29 Oct. 1924, No. 202; and Union Citizenship Law of 13 Nov. 1925, No.
581, cited in P. Weis Nationality and Statelessness in International Law (London: 1956)
p. 124 at notes 22 and 23.
The attitude of the Philippines toward dual or plural nationality has been
ambivalent, shifting with changes in the foreign policy of the government.
In dealing with questions of plural or dual nationality involving Chinese
nationals, the Supreme Court of the Philippines has consistently asserted the
undesirability of plural or dual nationality. In rejecting the applicability of the
doctrine of jus soli in the Philippines, the Supreme. Court invoked the unde-
sirable effects of dual nationality which the doctrine would have given rise to.
Nationality, according to the court,
The court also stated in another case that the undesirability of dual nationality
was the underlying reason for requiring an applicant for naturaliZation to
solemnly swear that he renounces "absolutely and forever all allegiance and
fidelity to any foreign prince, potentate, state or sovereignty,,2 and particularly
to the state of which he is a national at the time of application for naturaliza-
tion. The "obvious purpose" of that requirement is to divest him of his former
nationality "because, otherwise, he would have two nationalities and owe alle-
giance to two distinct sovereigns which our laws do not permit.,,3 The ruling of
the Supreme Court that, prior to the 1973 Constitution's effectiVity, a married
alien woman could not apply for naturalization independent of her alien
12Letter of Instructions (LOI) No. 1106 amending LOI No. 911 as amended by LOI
No. 1067,27 Jan. 1981.
13Exec. Order No. 808, 11 June 1982.
14New York Times, 14 Oct. 1975, p. 2.
--- ITan Chiong v. Sec. of Labor, 79 Phil. 249 (1947).
2Sec. 12 Com. Act 473.
30h Hek How v. Republic, G.R. No. L-27429, Aug. 27,1969,29 SCRA 94.
4po v. Republic, G.R. No. L-30669, July 31, 1970, 34 SCRA 242.
husband was also premised on the contention that recognition of the opposite
rule would result in dual nationality "which, it is believed, is not contemplated
by our laws.,,4
The Philippine policy of disfavoring dual or multiple nationality was
reiterated in the 1975 joint communique of the Republic of the Philippines and
the People's Republic of China which stated that both states:
The above approach taken by the two countries provided a satisfactory solution
to the problems that could have arisen from the dual allegiance of Filipino-
Chinese nationals. Prior to the issuance of this communique, the Philippines
maintained diplomatic relations with the Republic of China based in Taiwan
which insisted on treating overseas Chinese, including those in the Philippines, as
Chinese nationals although they have acquired the nationality of their host state
through naturalization. This accounted for the extreme disfavor with which
Philippine authorities looked down on dual nationals, the other nationality of
which was Chinese.
However, in Ci\ses of Filipino nationals who, at the same time were
nationals of the United States or other Western countries, the attitude of the
Philippines has been different. Thus, the Minister of Justice explained in one
c~se that:
He went on to note that he was not aware of any provision of Philippine law
that in effect prevents a Filipino national from voting, on the ground that he is
at the same time a national of another country or privileged to vote therein, nor
of any Philippine law that could be violated by the exercise of such privilege. A
similar opinion was rendered by the Minister of Justice on the question of
whether dual nationals are eligibl~ for appointment to public office. The case
involved a national of the Philippines who was also a national of the United
States. According to the Minister, he was unaware of any provision of Philippine
law requiring that a Filipino national, otherwise eligible for public office, should
be disqualified therefrom by the fact of his being a national of another country,
or of a law disqualifying from public office a Filipino who is at the same time a
5}oint Communique of the Government of the Republic of the Philippines and the
Government of the People's Republic of China in Philippine Diplomacy: Chronology and
Documents (Manila: 1981) pp. 335-336.
60p. of the Sec. of Justice No. 226, s. 1976.
national of another country. "Therefore, the question of whether a Filipino
appointee holds another nationality is not material .. .',7
But even with respect to Philippine nationals who are also nationals of
Western states, the policy of indifference adopted by the Philippines seems to
be pursued exclusively in cases where plural nationality is acquired from birth,
and not through a subsequent act, e.g., naturalization in a foreign country, of a
Filipino national. Plural nationality at birth may be acquired either by the
simultaneous application of jus sanguinis (recognized by the Philippines) and
jus soli (where this principle is recognized by the state in which a child, one of whose
parents is a Filipino national, is born), or where a parent of the child is a Filipino
national and the other is an alien whose state also confers its nationality upon a
child descended from a par~t who is its national.
There are other indications, however, which show that dual or plural
nationality is encouraged by the Philippines. Thus, it is explicitly provided for
in Republic Acts Numbers 26398 and 38349 that the acquisition by a natural-
born Filipino national of tlle nationality of one of the Iberian and any friendly
democratic Ibera-American countries, or the United Kingdom shall not produce
loss or forfeiture of Philippine nationality provided that the law of the other
country grants the same privileges to its nationals, and such has been agreed
upon by the treaty between the Philippines and the foreign country from which
nationality is acquired.10 According to its sponsor, this law:
..
does not seek to enlarge the scope of naturalization, but rather, it
seeks to enlarge the scope of Filipino citizens who may seek naturali-
zation in other countries, and it is because of certain ties cultural
and religious, aside from the fact that these countries have shown to '
the Filipino people their special affection as judged from their
actuation in international conferences, and it is deemed fitting and
.10t inlproper that Filipinos who may seeks citizenship in those
countries be allowed to retain their Filipino citizenship while they
acquire citizenship in those countries. II
Southeast Asian countries were excluded from the coverage of the law, because,
according to its authors, "the danger to communist infIltration from among the
countries in the Far East is quite serious for the present.,,12 This law, however, is
not self-executory, but requires a treaty to implement it. It is notable that since
its passage in 1960, no treaty that would implement this law has been entered
into by the Philippirles with any of the countries mentioned in the law. Thus, it
13Art III (2) 1973 Constitution states: "A female citizen (national) of the Philip-
pines who marries an alien shall retain her Philippine citizenship (nationality), unless by her
act or omission she is deemed, under the law to have renounced her citizenship (nationali-
ty)."
14Com. Act No. 63 governs the loss of Philippine nationality.
15Sec. 14 Immigration Act of 1940.
16Sec. 14 Immigration Act of 1940.
The Philippines also restricts the entrance of immigrants who are stateless
persons to fifty persons annually, 18 the same annual limit iniposed on
immigrants of one nationality.19