In the landscape of Philippine nationality law, a specific class of individuals exists whose citizenship status is governed by the transition between the 1935 Constitution and the 1973 Constitution. These are the children born to Filipino mothers and alien fathers before January 17, 1973. Unlike children born under the current 1987 Constitution, who are automatically citizens if either parent is Filipino, these individuals were required to perform a positive act: The Election of Philippine Citizenship.
1. The Constitutional Framework: 1935 vs. 1973
The legal dilemma arises from the restrictive language of the 1935 Constitution, which followed the principle of jus sanguinis but favored paternal lineage.
| Constitution | Provision for Children of Filipino Mothers | Automaticity |
|---|---|---|
| 1935 Constitution | Article IV, Section 1(4): Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship. | No (Requires Election) |
| 1973 Constitution | Article III, Section 1(2): Those whose fathers or mothers are citizens of the Philippines. | Yes (Effective Jan 17, 1973) |
| 1987 Constitution | Article IV, Section 1(2): Those whose fathers or mothers are citizens of the Philippines. | Yes |
Note: The 1973 Constitution did not operate retroactively. Therefore, if a person was born on January 16, 1973, to a Filipino mother and an alien father, they are still governed by the 1935 Constitution's requirement to "elect" citizenship.
2. Statutory Requirements for Election (CA No. 63)
Under Commonwealth Act No. 63, as amended, the process of electing Philippine citizenship is not merely an internal choice but a formal legal procedure. There are three essential documents that must be executed and filed:
- Statement of Election: A sworn statement expressing the individual's intention to elect Philippine citizenship.
- Oath of Allegiance: A formal oath of allegiance to the Republic of the Philippines.
- Registration: Both the Statement of Election and the Oath of Allegiance must be filed with the nearest Local Civil Registry (LCR) where the party resides.
3. The "Reasonable Time" Rule
The 1935 Constitution required election "upon reaching the age of majority." Jurisprudence (notably Cuenco vs. Secretary of Justice) has defined "reasonable time" as three (3) years after reaching the age of majority.
Under the law at that time, the age of majority was 21 years old. Consequently, the window for election typically closed when the individual turned 24. Failure to elect within this window generally results in the loss of the right to claim Filipino citizenship by birthright, relegating the individual to the status of an alien who must undergo naturalization.
4. Requirements for Judicial Recognition
When an individual seeks judicial recognition (or a declaratory relief) to confirm their status as a Filipino citizen born under the 1935 Constitution, the court requires strict proof of the following elements:
A. Documentary Evidence
- Birth Certificate of the Petitioner: To establish the date of birth (must be prior to Jan 17, 1973) and the identity of the parents.
- Birth Certificate or Proof of Citizenship of the Mother: Evidence that the mother was a Filipino citizen at the time of the petitioner's birth. If the mother lost her citizenship (e.g., by marrying an alien and moving abroad) before the child's birth, the child cannot elect citizenship.
- Marriage Contract of Parents: To determine the status of the father (alienage).
- Proof of Election and Oath: Certified true copies of the Statement of Election and Oath of Allegiance, duly stamped as "Received" and "Registered" by the Local Civil Registrar.
B. Substantive Proof
- Continuous Residency: While not always a strict statutory requirement for the act of election itself, proof of having lived in the Philippines as a Filipino (voting, holding a Philippine passport, owning land) can serve as corroborative evidence in ambiguous cases.
- The "In Extremis" Doctrine: In rare cases (e.g., Co vs. Electoral Tribunal), the Supreme Court has recognized "informal" elections, such as participating in elections or holding public office, as a valid exercise of Philippine citizenship, provided the intent was clear and the delay was justified. However, recent jurisprudence has leaned toward strict compliance with CA No. 63.
5. Procedural Steps for Judicial Recognition
The process typically follows these stages:
- Filing of Petition: A Petition for Judicial Recognition of Philippine Citizenship is filed in the Regional Trial Court (RTC) of the province/city where the petitioner resides.
- Publication: Since citizenship involves status, it is a proceeding in rem. The petition must be published in a newspaper of general circulation once a week for three consecutive weeks.
- Participation of the OSG: The Office of the Solicitor General (OSG) must be notified. They will often deputize the local Prosecutor to represent the State.
- Hearing: The petitioner must present witnesses and documentary evidence to prove all jurisdictional facts and the validity of the election.
- Judgment and Registration: If successful, the court issues a decision declaring the petitioner a Filipino citizen. This judgment must be registered with the Bureau of Immigration and the Philippine Statistics Authority (PSA) to facilitate the issuance of a Philippine passport.
6. Summary of Key Legal Principles
- Non-Retroactivity: The 1973 and 1987 Constitutions do not grant automatic citizenship to those born under the 1935 Constitution.
- Mother's Status: The mother must have been a Filipino citizen at the time of the child's birth.
- Formalism: Election is not a matter of "feeling" Filipino; it requires the execution and registration of the specific documents mandated by Commonwealth Act No. 63.
- Laches: Delay beyond the 3-year "reasonable period" after the age of 21 is usually fatal to the claim, unless extraordinary circumstances are proven.