Philippine nationality law
- Philippine nationality law
Philippine nationality law is currently based upon the principles of "
jus sanguinis " and therefore descent from a parent who is a citizen/national of theRepublic of the Philippines is the primary method of acquiring Philippine citizenship. Birth in thePhilippines to foreign parents does not in itself confer Philippine citizenship, although RA9139, the Administrative Naturalization Law of 2000, does provide a path for administrative naturalization of certain aliens born on Philippine soil ("Jus soli )".Citation
url = http://www.chanrobles.com/republicactno9139.html
title = The Administrative Naturalization Law of 2000
accessdate = 2006-12-19
date = 8 June 2001
publisher = Chanrobles Law Library.Citation
url = http://www.chanrobles.com/republicactno9139rules.htm
title = Rules and Regulations Implementing Republic Act No. 9139
accessdate = 2006-12-19
publisher = Chanrobles Law Library.Belgium andFrance have similar provisions under their respectivenationality law s.Citizenship by birth
As of 2008, with no significant changes expected, Philippine nationality law provides that a person becomes a Philippine citizen by birth if
* that person was born on or after 19 December 2006 and either the father or mother of that person is a Philippine citizen on the birthdate;Citation
url = http://www.chanrobles.com/philsupremelaw1.htm
title = 1987 Constitution of the Republic of the Philippines
date = 15 October, 1986
publisher = Chanrobles Law Library
accessdate = 2008-10-06.
* or that person was born on or after January 17, 1973 and prior to 19 December 2006 and both the father and mother of that person is a Philippine citizen on the birthdate;Citation
url = http://www.chanrobles.com/1973constitutionofthephilippines.htm
title = 1973 Constitution of the Republic of the Philippines
date = 17 January 1973
publisher = Chanrobles Law Library
accessdate = 2008-10-06.
* or that person was born on or after May 14, 1935 and prior to January 17, 1973 and, on the birthdate, either:#the father is a Philippine citizen, or:#the mother is a Philippine citizen and the person elects Philippine citizenship prior to reaching theage of majority ;Citation
url = http://www.chanrobles.com/1935constitutionofthephilippines.htm
title = 1935 Constitution of the Republic of the Philippines
date = 14 May 1935
publisher = Chanrobles Law Library
accessdate = 2008-10-06.
*or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on 11 April, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on 11 April, 1899, except in certain specific cases. [Citation
url=http://www.chanrobles.com/joneslaw.htm
title=The Philippine Autonomy Act (Jones Law)
publisher=Chanrobles Law Library
date=August 29, 1916
accessdate=2008-10-06.]Citizenship by naturalization
Commonwealth Act No. 473, approved June 17, 1939, provided that persons having certain specified qualifications may become a citizen of the Philippines by naturalization.Citation
url = http://www.lawphil.net/statutes/comacts/ca_473_1939.html
title = Revised Naturalization Law
date=17 June 1939
publisher = LAWPHIL Project, Arellano Law Foundation
accessdate=2008-10-06Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements.
Loss and reacquisition of Philippine citizenship
Commonwealth Act No. 36, dated 20 October 1936, provides that Philippine citizens may lose citizenship in any of the following ways and/or events:Citation
url = http://www.chanrobles.com/commonwealthactno63.html
title = An act providing for the ways in which Philippine citizenship may be lost or reacquired
date = 20 October 1936
publisher = Chanrobles Law Library
accessdate=2008-10-06.:# By naturalization in a foreign country;:# By express renunciation of citizenship;:# By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.:# By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, except in certain specified cases;:# By cancellation of the certificates of naturalization;:# By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and:# In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, to reacquire Philippine citizenship.Citation
url = http://www.chanrobles.com/republicactno8171.html
title = An act providing for the repatriation of Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos
date = 23 October 1995
publisher = Chanrobles Law Library
accessdate=2008-10-06.Republic Act No. 9225, approved 29 August 2003, provided that natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic, and that their children whether legitimate, illegitimate or adopted, below eighteen (18) years of age, shall be deemed citizens of the Philippines.Citation
url = http://www.chanrobles.com/republicactno9225.html
title = Citizenship Retention and Re-acquisition Act of 2003
date = 29 August 2003
publisher = Chanrobles Law Library
accessdate=2008-10-06.References
ee also
*
Constitution of the Philippines
*Nationality law
*Nationality
*Citizenship
*Belgian nationality law
*French nationality law
*South Asians in the Philippines Further reading
*Citation
url=http://books.google.com/books?id=vwB68hf8bLgC
title=Nationality and International Law in Asian Perspective
editor-last=Ko
editor=first=Swan Sik
chapter=Nationality and International Law from the Philippine Perspective
pages=335-422
last=Cortes
first=Irene R
last2=Lotilla
first2=Raphael Perpetuo M
isbn=079230876X
publisher=Martinus Nijhoff
year=1990
*cite journal
url=http://links.jstor.org/sici?sici=0002-919X(196522)14%3A3%3C459%3ANIOTPL%3E2.0.CO%3B2-8
title=Nationalistic Influences on the Philippine Law of Citizenship
author=Cornelius J. Peck
journal=The American Journal of Comparative Law
volume=14
issue=3
pages=459–478
year=1965
doi=10.2307/838452
accessdate=2007-06-14
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