DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS Background and Statistics on Identified Populations at Risk of Statelessness A. Philippines National Legal Framework A.1. Citizenship Citizenship in the Philippines is based upon the principle of jus sanguinis, determined by descent from a parent who is a citizen or national of the Philippines. The criteria for determining citizenship has shifted over time and the relevant law for determining one’s citizenship is the law that was in place at the time of birth. The Supreme Court of the Philippines has held that “it is a well-settled rule that statutes are to be construed as having only a prospective operation, unless the legislature intended to give them a retroactive effect.57...It has no application to past times but only to future time, and that is why it is said that the law looks to the future only and has no retroactive effect unless the legislator may have formally given that effect to some legal provisions.”58 B efor e 193 5 193 5 Cons t i t u t i o n 1973 Constitution 1987 Constitution The Treaty of Paris Art. IX and the Philippine Bill of 1902 enacted by the US Congress (The Philippine Autonomy Act (Jones Law) of 1916) 1) Those who are citizens at the time of the adoption of this Constitution. 2) Those born in the Philippines to foreign parents who had been elected to public office. 3) Those whose fathers are citizens of the Philippines. 4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship 5) Those who are naturalized in accordance with law. 1) Those who are citizens at the time of the adoption of this Constitution. 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. 1) Those who are citizens at the time of the adoption of this Constitution; 2) Those whose fathers or mothers are citizens of the Philippines; 3) Those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4) Those who are naturalized in accordance with law. Primarily through residence, birth, or declaration of allegiance Tan v. Crisologo, G.R. No. 193993, S. Ct., 8 November 2017 (citing to: Lepanto Consolidated Mining Co. v. WMC Resources Intl. Pty. Ltd., 537 Phil. 473, 485 (2006)). 57 58 UNHCR / April 2021 Tan v. Crisologo, G.R. No. 193993, S. Ct., 8 November 2017 (citing to: Balatbat v. Court of Appeals, 282 Phil. 429, 436 (1992)). 23