DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
Citizenship Acquisition, Loss, Retention and Reacquisition, or Dual Citizenship
Acquisition
“Natural Born Citizens” (1987 Constitution, Article IV, Section 2): citizens of the Philippines
from birth without having to perform any act to acquire or perfect their Philippine citizenship.*
Citizenship is defined in the relevant Constitutions: 1935, 1973, 1987, and the relevant law is
the one in place at the time of birth.
*Those who elect citizenship in accordance with the Constitution are considered “natural
born citizens” - Procedures for Election of Citizenship (CA 625)
Relevant
Laws
*“No election of Philippine citizenship shall be accepted for registration under CA No. 625
unless the party exercising the right of election has complied with the requirements of the
Alien Registration Act of 1950. In other words, [one] should first be required to register as an
alien” (Republic v. Sagun, G.R. No. 187567, February 15, 2012)
Naturalization
•
[Judicial] Revised Naturalization Law (CA 473)
•
[Administrative] Administrative Naturalization Law (RA 9139)
•
[Legislative] Naturalization by direct legislative act
•
•
Competent
Authority
•
•
Existing
Rules
59 Appears in all proceedings involving
the Solicitor
Solicitor General
General (OSG)
(OSG):
: Appears in all
the
Office of the
acquisition or loss of Philippine citizenship
Civil
Registry 60ororPhilippine
Civil Registry
PhilippineEmbassy
EmbassyororConsulate:
Consulate61:Election
Election of
of Citizenship,
Citizenship, Birth
Registration
62
Court
First Instance
Instance of
of the
therelevant
relevantprovince,
province,with
withappeal
appealtotothe
theSupreme
Supreme
Court:
Court of First
Court
:
Judicial Naturalization
63
Special Committee
thethe
Solicitor
General
as as
chair,
Secretary
of
Committeeon
onNaturalization
Naturalization(with
(with
Solicitor
General
chair,
Secretary
Foreign
Affairs
oror
hishisrepresentative,
of Foreign
Affairs
representative,and
andthe
theNational
NationalSecurity
Security Adviser,
Adviser, as members,
with the power to approve, deny or reject applications for naturalization): Administrative
Naturalization
Jus Sanguinis, and naturalization procedures for anyone who is not a natural-born citizen
Executive Order No. 292, Administrative Code of 1987, Book IV, Title III, Chapter 12-Office of the Solicitor General,
Section 35(4). (“The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of
lawyers…[including] specifically the following specific… functions… [a]ppear in all proceedings involving the acquisition or
loss of Philippine citizenship.”).
59
Act No. 3753, Law on Registry of Civil Status: “A civil register is established for recording the civil status of persons, in which
shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulments of marriages; (e) divorces; (f) legitimations; (g) adoptions;
(h) acknowledgment of natural children; (i) naturalization; and (j) changes of name.”
60
Executive Order No. 292, Administrative Code of 1987, Book IV, Title I, Foreign Affairs, Chapter 1-General Provisions, Section
3(9) “Protect and assist Philippine nationals abroad”; and (10) “Carry out legal documentation functions as provided for by
law and regulations.”
61
24
62
Commonwealth Act No. 473, Section 8. This court is presently known as the Regional Trial Court (RTC).
63
Republic Act No. 9139, Section 6.
UNHCR / April 2021