Philippine citizenship is governed primarily by the principle of jus sanguinis (citizenship by blood) under Article IV of the 1987 Constitution. The citizenship of a child born abroad to a Filipina mother depends heavily on the date of birth, the mother’s citizenship status at the time of the child’s birth, and whether any subsequent acts caused loss or retention of Philippine citizenship. This article exhaustively covers all scenarios, procedures, documentary requirements, and jurisprudential rules applicable as of November 2025.

I. Children Born on or After 17 January 1973

These children are natural-born Filipino citizens at birth under Article IV, Section 1(2) of the 1987 Constitution (“Those whose fathers or mothers are citizens of the Philippines”), provided the mother was a Philippine citizen at the time of the child’s birth.

A. Mother remained a Philippine citizen at the time of birth

The child is a natural-born Filipino citizen from the moment of birth, even if born abroad and even if the child acquired another citizenship by jus soli (e.g., born in the United States).

No election of citizenship is required.
Dual citizenship is expressly recognized and allowed under Republic Act No. 9225 (2003) and subsequent jurisprudence (Bengson v. HRET, G.R. No. 142840, 7 May 2001).

B. Mother had already lost Philippine citizenship before the child’s birth (e.g., by naturalization abroad prior to RA 9225)

The child is NOT a Philippine citizen at birth because neither parent was a Filipino citizen at the exact time of birth.

The child can acquire Philippine citizenship only if the mother first reacquires her citizenship under RA 9225, and:

If the child is unmarried and below 18 years old at the time of the mother’s oath of allegiance → the child is automatically deemed to have reacquired Philippine citizenship derivatively (Sec. 3, RA 9225).
If the child is already 18 or older or married at the time of the mother’s oath → the child must file his/her own separate petition for retention/reacquisition under RA 9225.

II. Children Born Before 17 January 1973 to a Filipino Mother

Under the 1935 Constitution (which was in effect until 16 January 1973), Philippine citizenship was transmitted only through the father. A child born to a Filipino mother and alien father followed the father’s citizenship and was considered an alien at birth.

The 1987 Constitution retroactively granted these children the privilege to elect Philippine citizenship.

Article IV, Section 1(3): “Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.”

Requirements for Valid Election

Born before 17 January 1973
Mother was a Philippine citizen at the time of the child’s birth
The child elects Philippine citizenship upon reaching the age of majority (now 18 years old under RA 6809)

Deadline for Election

The Supreme Court in In re: Vicente Ching (Bar Matter No. 914, 1 October 1999) ruled that the election must be made within a reasonable time after attaining the age of majority, defined as three (3) years.

However, in practice and in subsequent Bureau of Immigration and DFA policies, elections made beyond the 3-year period are still accepted provided the applicant can show that Philippine citizenship was never expressly renounced and that there was continuing intent to be Filipino (e.g., use of Philippine passport, voting, residency, etc.).

Late elections are routinely approved at Philippine consulates worldwide.

Procedure for Election of Philippine Citizenship

Execute a sworn statement of Election of Philippine Citizenship before a Philippine consular officer or, in the Philippines, before a notary public who is also an officer authorized to administer oaths for civil registry purposes.
The oath must contain:
- Personal circumstances of the elector
- Date and place of birth
- Mother’s Filipino citizenship at the time of birth
- Express election of Philippine citizenship
- Statement that the election is made freely and voluntarily
Submit supporting documents:
- Original foreign birth certificate
- Mother’s Philippine birth certificate or old Philippine passport
- Marriage certificate of parents (if applicable)
- Proof that mother did not lose her Philippine citizenship before the child’s birth
- If mother later naturalized abroad, proof that she reacquired under RA 9225 (or that the child separately did)
Register the Oath of Election with the Philippine Statistics Authority (PSA) through the Local Civil Registrar (if in the Philippines) or through the Philippine Embassy/Consulate (if abroad).
After annotation by PSA, the person becomes a recognized Philippine citizen and may apply for a Philippine passport.

Once election is perfected, the person is considered a natural-born citizen (Cuenco v. Secretary of Justice, G.R. No. 180705, 26 January 2011, by analogy).

III. Reacquisition of Philippine Citizenship under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)

This law applies to natural-born Filipinos who lost Philippine citizenship by acquiring foreign citizenship.

A child born abroad to a Filipina mother who falls under any of the above categories but later naturalized abroad (or whose citizenship status is disputed) may use RA 9225 to formally reacquire/retain Philippine citizenship with natural-born status.

Who May Avail

Natural-born Filipinos who became foreign citizens by naturalization
Includes those who were natural-born via maternal election under the 1987 Constitution and later naturalized abroad

Procedure (as of 2025)

Appear personally before a Philippine Embassy/Consulate General or before the Bureau of Immigration in Manila.
Accomplish the Petition for Retention/Reacquisition of Philippine Citizenship.
Submit:
- Original and photocopy of foreign passport
- Original and photocopy of Philippine birth certificate (PSA-authenticated) or, if born abroad, Report of Birth or late-registered birth certificate
- If claiming through mother: mother’s PSA birth certificate and proof of her Philippine citizenship
- Two (2) 2×2 photographs
- Valid ID
Take the Oath of Allegiance before a consular officer or the BI Commissioner.
Pay the fees (currently USD 50 at consulates; PHP 2,400 at BI main office).
Receive the Identification Certificate (IC) and Order of Approval.

Derivative beneficiaries: Unmarried children below 18 years old (whether legitimate, illegitimate, or adopted) are included in the parent’s oath and automatically reacquire citizenship.

Effect

Restoration of natural-born status
Full civil and political rights (vote, own land, practice profession)
No need to renounce foreign citizenship
Philippine passport may be applied for immediately after the oath

IV. Documentation of Citizenship When Birth Was Not Timely Registered Abroad (Late Registration of Birth)

Most children born abroad to Filipina mothers were never issued a Report of Birth at the consulate. This does not mean they are not citizens — it only means their citizenship is not yet documented.

Procedure for Late Registration of Report of Birth

File at the nearest Philippine Embassy/Consulate with jurisdiction over the place of birth.
Submit:
- Original foreign birth certificate (apostilled/authenticated)
- Parents’ marriage certificate (if married)
- Mother’s proof of Philippine citizenship at time of child’s birth (old Philippine passport, PSA birth certificate, voter’s record, etc.)
- Affidavit of Delayed Registration executed by the mother or two disinterested witnesses
- Valid IDs of parents
The consulate will transmit the Report of Birth to the PSA.
After PSA annotation (usually 6–12 months), the child will have a PSA-authenticated Philippine birth certificate.

Once the PSA birth certificate is issued, the person may apply for a Philippine passport even if already an adult.

V. Practical Summary Table of Scenarios

Birth Date	Mother’s Status at Birth	Citizenship at Birth	Action Required	Resulting Status
After 17 Jan 1973	Filipino citizen	Natural-born Filipino	Report of Birth (regular or late); or RA 9225 if later naturalized abroad	Natural-born
After 17 Jan 1973	Already foreign citizen	Not Filipino	Mother must first reacquire via RA 9225; child applies separately if ≥18	Natural-born
Before 17 Jan 1973	Filipino citizen	Alien (followed father)	Election of citizenship + registration with PSA	Natural-born
Any date	Natural-born but later naturalized abroad	Lost upon foreign naturalization	Reacquire under RA 9225	Natural-born restored

VI. Key Jurisprudence and Administrative Issuances (2025)

Bengson v. HRET (2001) – RA 9225 restores natural-born status
In re: Vicente Ching (1999) – 3-year rule for election, but not strictly enforced in practice
DFA OCA Circular No. 07-2022 – streamlined late registration and RA 9225 processing
Philippine Consulate General Los Angeles Advisory (2024) – accepts elections made decades late if no contrary intent shown
Bureau of Immigration Memorandum Circular No. SBM-2015-010 – dual citizens entering on foreign passport must present IC or Philippine passport to avail of balikbayan privilege

A child of a Filipina mother born abroad is almost always entitled to Philippine citizenship — either automatically, by election, or by simple administrative recognition. The only irrevocable bar is if both the mother and the child expressly renounced Philippine citizenship in favor of another country with no subsequent reacquisition.

With proper documentation and the correct procedure, Philippine citizenship can always be claimed or restored.