4/20/2021
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Early decisions of the Supreme Court held that Philippine citizenship could be acquired
under either the jus sanguinis or jus soli doctrine.[4]
This liberal policy was applied even as the Philippine Bill of 1902 and the Jones Law or
the Philippine Autonomy Act of 1916 appear to have limited "citizens of the Philippine
Islands" to resident inhabitants who were Spanish subjects on April 11, 1899, their
children born subsequent thereto, and later, those naturalized according to law by the
Philippine legislature. Only later was jus sanguinis firmly applied and jus soli
abandoned.
Hence, the status of being a natural-born citizen at its incipient is a privilege conferred
by law directly to those who intended, and actually continued, to belong to the
Philippine Islands. Even at the time of its conception in the Philippines, such persons
upon whom citizenship was conferred did not have to do anything to acquire full
citizenship.[5]
Respondent wants us to believe that since he was natural-born Filipino at birth, having
been born in the Philippines to Filipino parents, he was automatically restored to that
status when he subsequently reacquired his citizenship after losing it.
Public respondent HRET affirmed respondent's position when it pronounced that the
definition of a natural-born citizen in Section 2, Article IV of the Constitution refers to
the classes of citizens enumerated in Section 1 of the same Article, to wit:
"Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law."
Thus, respondent HRET held that under the above enumeration, there are only two
classes of citizens, i.e., natural-born and naturalized. Since respondent Cruz is not a
naturalized citizen, then he is a natural-born Filipino citizen.
I do not agree. I reiterate that Section 2, Article IV of the Constitution defines naturalborn citizens as "those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship."
Pursuant to R.A. No. 2630, quoted as follows:
"Republic Act No. 2630. 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, provides:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
20/25