Philippine nationality law

Éditions United Settlement • nationality law pages • http://www.uniset.ca/naty

(Translations of most European nationality laws appear on our European page)

Caution: This page is a work in process and is intended for academic and historical research only.
Other readers should satisfy themselves that what they are consulting represents current law.
Users are invited to submit suggestions for additional resources to be added here.

Statutes	Case law
Commonwealth Act No. 63, Oct. 21, 1936 An act providing for the ways in which Philippine citizenship may be lost or reqacquired (214k) — same, ASCII text format (6k)	In re Villapol, 9 Phil 706 (1908) Effect of Treaty of Paris on the nationality of the son of a Spaniard, resident in the Philippines. Of historical interest only. (81k)
Commonwealth Act No. 473, June 17, 1939 An act to provide for the acquisition of Philippine citizenship by naturalization (HTML)	Muñoz v. Collector of Customs, 20 Phil. 494 (1911) Man born in the Philippines of Filipina mother and Chinese father is a citizen. Of historical interest only. (336k)
Commonwealth Act No. 625, June 7, 1941 An act providing the manner in which the option to elect Philippine citizenship shall be declared by a person whose mother is a Filipino citizen (62 k)	Roa v. Insular Collector of Customs, 22 Phil. 316 (1912) Chinese Exclusion Laws not applicable to Philippine citizens. (1263k)
Republic Act No. 530, June 16, 1950 An act making additional provisions for naturalization	Lim Teco v. Insular Collector of Customs, 24 Phil. 69 (1913) Son of Chinese father and Filipino mother, held to have elected Chinese nationality at majority (of historical interest only; not reflective of current nationality law). (575k)
Republic Act No. 2630, June 18, 1960 An act providing for reacquisition of Philippine citizenship by persons who lost such citizenship by rendering service to, or accepting commission in, the armed forces of the United States (54k)	Sy Joc Lieng v. Sy Quia, 228 U.S. 335 (1913) Conflicting claims to the estate of a Chinese merchant domiciled in the Philippines. (HTML)
Philippine Constitution of 1987, Art. IV (Citizenship)	Go Julian v. Philippine Islands, 45 Phil. 292 (1923) Applying Wong Kim Ark, 169 U.S. 649 (1898). (Of historical interest only.) (471k)
Philippine Civil Code for Muslims, Presidential Decree No. 1083 Sharia law for Muslims, with respect particularly to matters of inheritance, divorce and family law. See also Art. 93, Civil Code, prohibiting any government official charged with the issuance of marriage licenses or with the celebration of marriage from going beyond the declarations of the parties and inquiring into any religious adherence or doctrine claimed to be held by an individual or his religious congregation. (44k)	Templeton v. Babcock, 52 Phil. 132 (1928) Probate of will of U.S. citizen: domicile issues discussed. (701k)
Republic Act No. 8171, Oct. 23, 1995 An Act providing for the repatriation of Filipino women who have lost their Philippine citizenship by marriage to aliens and of natural-born Filipinos (59k) — same, ASCII text format (2k)	Tan Chong v. Secretary of Labor, 79 Phil. 249 (1947) Jus soli principle of attribution of nationality applied. Now overruled — of historical interest only. (944k)
	Villahermosa v. Commissioner of Immigration, 80 Phil. 541 (1948) "Jus sanguinis as predominating factor". (945k)
	Tio Tam v. Philippines, 101 Phil. 195 (1957) Jus soli principle inapplicable to persons who had not been declared Filipino citizens prior to the overruling of Roa v. Collector of Customs, 23 Phil. 213. (373k)
	Zamboanga Transportation Co., Inc. v. Lim, 105 Phil. 1321 (1959) "[I]llegitimate child followed the Philippine citizenship of his mother and did not have to elect his citizenship upon reaching the age of majority." (236k)
	Cuenco v. Secretary of Justice, 5 S.C.R.A. 108 (1962) Election of citizenship by child of Filipino mother must be made in a "reasonable time"; such an election made after 7 years is ineffective. (351k)
	Board of Immigration Commissioners v. Go Callano, 25 S.C.R.A. 890 (1968) Illegitimate child of Filipino mother and Chinese father is a Philippine citizen. (1398k)
	Vivo v. Cloribel, 25 S.C.R.A. 616 (1968) Foreign-born minor children become Filipino citizens [only] if resident in the Philippines at the time of naturalization of a parent. (1617k)
	Commissioner of Immigration v. Go Tieng, 28 S.C.R.A. 237 (1969) Marriage of alien woman to Filipino does not make the wife or her children Filipino citizens; necessity of a legal proceeding to show eligibility for naturalization. (807k)
	Republic of the Philippines v. Francisco Cokeng, S.Ct. May 4, 1968 But compare: Petition for naturalization of Field, 159 F.Supp. 144 (S.D.N.Y. 1958)

References:

Gowing, Peter G., Mandate in Moroland: the American Government of Muslim Filipinos, 1899-1920, Quezon City, Univ. of the Philippines, 1977

Hagad,. Andres H., "Comments on the Muslim Code: A Paper on P.D. NO. 1083", 52 Phi. L.J. 107 (1977)

Loquia, Jorge R., Church and State Law in the Philippine, Manila, Central Book Supply, 1959

Pomp, Richard D., "The Experience of the Philippines in Taxing its Nonresident Citizens", 17 N.Y.U.J. Int'l L. & Pol. 245 (1985)

Rasul, Jainal D. & Ibrahim Ghazali, Commentaries and Jurisprudence on the Muslim Code of the Philippines, Quezon City, Central Law Book Co., 1984

——, Commentaries on Special Rules of Procedure in Sharia Courts, Quezon City, Central Law Book Co., 1984

Tan, Samuel Kong, The Muslim Armed Struggle in the Philippines, 1900-1941, thesis, Syracuse Univ., 1973

Velayo, Ramon M., Philippine Citizenship and Naturalization, Acasio Saguil, 97J. Basa Street, San Juan, Rizal, 2d. ed. 196

Users may wish to refer to the following sites for additional Philippine legal materials:

Supreme Court of the Philippines	http://www.supremecourt.gov.ph/jurisprudence/jurisprudence.htm
The LAWPHIL Project - Arellano Law Foundation	http://www.lawphil.net
Chan Robles & Associates law firm	http://www.chanrobles.com/virtualibrary1.htm
Project DIAL	http://www.austlii.edu.au/links/World/Countries/Philippines/Legislation/

Our European Nationality Law page can be found at:

http://www.uniset.ca/naty