Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935, 1973, and 1987 Constitutions. (3%)
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The principle of jus sanguinis evolved from paternal preference under the 1935 Constitution to gender equality under the 1973 and 1987 Constitutions. Under Section 1, Article IV of the 1935 Constitution, jus sanguinis applied automatically through Filipino fathers,
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Quick check
Under the 1935 Philippine Constitution, how was jus sanguinis applied to children born of a Filipino mother and an alien father?
Under the 1935 Constitution, children of Filipino mothers and foreign fathers did not acquire citizenship at birth but had to elect it upon reaching majority.
What major change regarding jus sanguinis was introduced in the 1973 Philippine Constitution?
The 1973 Constitution established full gender equality by conferring citizenship at birth to children of either a Filipino father or mother.
Under Section 1(3), Article IV of the 1987 Constitution, what is the citizenship status of a person born of a Filipino mother before January 17, 1973, who elected Philippine citizenship upon reaching majority?
The 1987 Constitution explicitly classifies those who elected Philippine citizenship under the 1935 Constitution as natural-born citizens.
Which principle of citizenship determines allegiance based on blood relationship or parental citizenship rather than place of birth?
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What was the legal effect of a child born after January 17, 1973 to a Filipino mother and a foreign father under the 1973 and 1987 Constitutions?
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1. 1935 Constitutional Rule
Under the 1935 Constitution, the principle of jus sanguinis was primarily applied through paternal lineage. Children born of Filipino fathers automatically acquired Philippine citizenship at birth. However, children born of Filipino mothers and alien fathers did not automatically gain Philippine citizenship; instead, they held an inchoate right and were required to elect Philippine citizenship upon reaching the age of majority. This distinction reflected a traditional preference for paternal transmission of citizenship during that constitutional era, creating a conditional pathway for children of Filipino mothers.
2. 1973 Equality Mandate
The 1973 Constitution eliminated the gender-based disparity in the transmission of Philippine citizenship by birth. Under Section 1(2), Article III of the 1973 Constitution, those whose fathers or mothers are citizens of the Philippines are considered natural-born citizens. This amendment established full equality between male and female Filipino parents regarding jus sanguinis. Consequently, children born to a Filipino mother and an alien father after the ratification of the 1973 Constitution automatically acquired Philippine citizenship at birth without needing to execute a formal election upon reaching majority.
3. 1987 Constitutional Status
The 1987 Constitution preserved equal transmission of citizenship through either parent while clarifying the legal status of individuals born under prior charters. Under Section 1(3), Article IV of the 1987 Constitution, children born of Filipino mothers before January 17, 1973, who elected Philippine citizenship upon reaching majority, are explicitly classified as natural-born citizens. This provision cured the former inequality under the 1935 Constitution by granting full natural-born status to those who complied with the statutory election requirement, reinforcing complete equal protection in citizenship law.