DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS Natural-Born vs. Naturalized Citizenship Only natural-born citizens can retain and re-acquire citizenship and sustain dual citizenship under RA 9225.68 Only natural-born citizens can run for national offices such as President, Senator, or House Representative and be eligible for appointment to the Supreme Court or serve on Civil Service Commissions, among others. Lower courts and local government positions do not require natural-born citizenship. The “natural-born” distinction was only introduced for the first time in the 1935 Constitution, and then only in reference to eligibility for President or VicePresident. In the 1973 Constitution, the distinction was defined, and became a criteria for eligibility to many national offices, and this was carried over into the 1987 Constitution. N a tur a l -B or n Ci ti z ens Naturalized Citizens 1987 Constitution, Article IV, Section 2: 1987 Constitution, Article IV, Section 1(4): “Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.” (These include those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority) “Those who are naturalized in accordance with law.” • • • A person who, at the time of his/her birth, has at least one Filipino parent A person born to a Filipino mother before 17 January 1973 who elected Philippine citizenship upon reaching the age of majority (21 years old) and Those who were born under the 1935 and 1973 Philippine Constitutions *Foundlings are also considered natural-born citizens unless there is evidence to the contrary.69 Under Article 8 of the Republic Act No. 386, the Civil Code of the Philippines, “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”70 Republic Act No. 9225, Citizenship Retention and Re-acquisition Act of 2003, available at: https://www.lawphil.net/statutes/ repacts/ra2003/ra_9225_2003.html. 68 A landmark ruling in the Supreme Court found that “[a]s a matter of law, foundlings are as a class, natural-born citizens” (Mary Grace Natividad S. Poe-Llamanzares v. COMELEC, G.R. Nos. 221697 & 221698-700, 8 March 2016), and according to Article 8 of the Civil Code, judicial decisions “form part of the legal system of the Philippines.” Moreover, the Government of the Philippines has pledged to adopt “legislation to implement the ruling from the Supreme Court, through which foundlings are presumed to be natural born citizens” and issue birth certificates to foundlings on an equal basis with other children as part of its strategy. 69 Republic Act No. 386, Civil Code of the Philippines, 18 June 1949, available at: https://www.officialgazette.gov.ph/1949/06/18/ republic-act-no-386/. 70 UNHCR / April 2021 27