Lecture Notes: Natural Born and Naturalized Citizens

Introduction to Citizenship

• Citizenship laws in the Philippines are primarily governed by the 1987 Constitution and various statutes.
• Distinction between natural-born and naturalized citizens is crucial for determining eligibility for certain rights, especially in public office and property ownership.

Concept of Citizenship

• Citizenship: Legal relationship between an individual and a state involving rights and obligations.
  • Rights include participation in public affairs (e.g., voting).
  • Obligations include contributions to the community (e.g., taxes).
• Governed by jus sanguinis (right of blood), not jus soli (right of soil).

Classification of Citizens in the Philippines

1. Natural-born citizens
2. Naturalized citizens

Natural-born Citizens

• Defined by Section 2, Article IV of the 1987 Constitution.
  • Citizens from birth without needing any act to acquire citizenship.
  • Based on jus sanguinis: At least one parent is Filipino at birth.

Key Points:

• Citizenship is automatic at birth.
• No need for legal processes like naturalization.

Examples:

1. Children born to Filipino parents.
2. Children of parents who reacquired citizenship under RA 9225.
3. Those opting for Filipino citizenship under certain circumstances.

Proof:

• Birth certificate showing Filipino parentage.

Implications:

• Eligibility for public office: Only natural-born citizens can be President, Vice President, Senators, or Members of the House of Representatives.

Naturalized Citizens

• Individuals who become citizens through naturalization.

Modes of Naturalization:

1. Judicial naturalization (Commonwealth Act No. 473)
2. Administrative naturalization (Republic Act No. 9139)
3. Derivative naturalization
4. Congressional naturalization

Key Points:

• Must meet specific residency, moral character, and language proficiency requirements.
• Citizenship can be lost if post-naturalization conditions are not met.

Proof:

• Certificate of naturalization.

Implications:

• Limitations on holding key public offices.

Distinction Between Natural-born and Naturalized Citizens

Constitutional Provisions on Citizenship

• Article IV, 1987 Constitution:
  • Section 1: Enumerates who are citizens.
  • Section 2: Defines natural-born citizens.
  • Section 3: Loss and reacquisition of citizenship.

Dual Citizenship and Natural-born Status

• Republic Act No. 9225: Former citizens can reacquire Filipino citizenship and regain natural-born status.

Relevance in Public International Law

• Citizenship affects diplomatic protection, nationality conflicts, and extradition treaties.

Summary

• Natural-born citizens acquire citizenship by birth; naturalized citizens through a legal process.
• Distinction affects eligibility for public office and rights and responsibilities under the Constitution.

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