PHILIPPINE CITIZENS FROM SPANISH REGIME AND TO THE PRESENT



PHILIPPINE CITIZENS FROM SPANISH REGIME AND TO THE PRESENT

Who are the first “Philippine Citizens”? How does this term first used? Our constitution, specifically 1935, 1973 and our present 1987 constitution define who Philippine Citizen is. In one of the decision of the Supreme Court, in Tecson vs. Comelec, 2004, it narrated and discussed how it was first conceived, and when it was first coined. Thus:        

The Local Setting - from Spanish Times to the Present

There was no such term as "Philippine citizens" during the Spanish regime but "subjects of Spain" or "Spanish subjects."[13] In church records, the natives were called 'indios', denoting a low regard for the inhabitants of the archipelago. Spanish laws on citizenship became highly codified during the 19th century but their sheer number made it difficult to point to one comprehensive law. Not all of these citizenship laws of Spain however, were made to apply to the Philippine Islands except for those explicitly extended by Royal Decrees. [14]

Spanish laws on citizenship were traced back to the Novisima Recopilacion, promulgated in Spain on 16 July 1805 but as to whether the law was extended to the Philippines remained to be the subject of differing views among experts;[15] however, three royal decrees were undisputably made applicable to Spaniards in the Philippines - the Order de la Regencia of 14 August 1841,[16] the Royal Decree of 23 August 1868 specifically defining the political status of children born in the Philippine Islands,[17] and finally, the Ley Extranjera de Ultramar of 04 July 1870, which was expressly made applicable to the Philippines by the Royal Decree of 13 July 1870.[18]

The Spanish Constitution of 1876 was never extended to the Philippine Islands because of the express mandate of its Article 89, according to which the provisions of the Ultramar among which this country was included, would be governed by special laws.[19]

It was only the Civil Code of Spain, made effective in this jurisdiction on 18 December 1889, which came out with the first categorical enumeration of who were Spanish citizens. -

(a)  Persons born in Spanish territory,
(b)  Children of a Spanish father or mother, even if they were born outside of Spain,
(c)  Foreigners who have obtained naturalization papers,
(d)  Those who, without such papers, may have become domiciled inhabitants of any town of the Monarchy.[20]

The year 1898 was another turning point in Philippine history. Already in the state of decline as a superpower, Spain was forced to so cede her sole colony in the East to an upcoming world power, the United States. An accepted principle of international law dictated that a change in sovereignty, while resulting in an abrogation of all political laws then in force, would have no effect on civil laws, which would remain virtually intact.

The Treaty of Paris was entered into on 10 December 1898 between Spain and the United States.[21] Under Article IX of the treaty, the civil rights and political status of the native inhabitants of the territories ceded to the United States would be determined by its Congress -

"Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce, and professions, being subject in respect thereof to such laws as are applicable to foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they reside.

Thus:

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress."[22]

Upon the ratification of the treaty, and pending legislation by the United States Congress on the subject, the native inhabitants of the Philippines ceased to be Spanish subjects. Although they did not become American citizens, they, however, also ceased to be "aliens" under American laws and were thus issued passports describing them to be citizens of the Philippines entitled to the protection of the United States.

The term "citizens of the Philippine Islands" appeared for the first time in the Philippine Bill of 1902, also commonly referred to as the Philippine Organic Act of 1902, the first comprehensive legislation of the Congress of the United States on the Philippines -

".... that all inhabitants of the Philippine Islands continuing to reside therein, who were Spanish subjects on the 11th day of April, 1891, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris, December tenth eighteen hundred and ninety eight."[23]

Under the organic act, a citizen of the Philippines was one who was an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. The term inhabitant was taken to include 1) a native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an inhabitant who obtained Spanish papers on or before 11 April 1899.[24]

Controversy arose on to the status of children born in the Philippines from 11 April 1899 to 01 July 1902, during which period no citizenship law was extant in the Philippines. Weight was given to the view, articulated in jurisprudential writing at the time, that the common law principle of jus soli, otherwise also known as the principle of territoriality, operative in the United States and England, governed those born in the Philippine Archipelago within that period.[25] More about this later.

In 23 March 1912, the Congress of the United States made the following amendment to the Philippine Bill of 1902 -

"Provided, That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of other insular possession of the United States, and such other persons residing in the Philippine Islands who would become citizens of the United States, under the laws of the United States, if residing therein."[26]

With the adoption of the Philippine Bill of 1902, the concept of "Philippine citizens" had for the first time crystallized. The word "Filipino" was used by William H. Taft, the first Civil Governor General in the Philippines when he initially made mention of it in his slogan, "The Philippines for the Filipinos." In 1916, the Philippine Autonomy Act, also known as the Jones Law restated virtually the provisions of the Philippine Bill of 1902, as so amended by the Act of Congress in 1912 -

That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequently thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight and except such others as have since become citizens of some other country; Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States, if residing therein."

Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a citizen of the Philippines as of 11 April 1899 if he was:

             1)   a subject of Spain on 11 April 1899,
             2)   residing in the Philippines on said date, and,
             3)   since that date, not a citizen of some other country.

While there was, at one brief time, divergent views on whether or not jus soli was a mode of acquiring citizenship, the 1935 Constitution brought to an end to any such link with common law, by adopting, once and for all, jus sanguinis or blood relationship as being the basis of Filipino citizenship -

Section 1, Article III, 1935 Constitution. The following are citizens of the Philippines -

(1)   Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution
(2)   Those born in the Philippines Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
(3)   Those whose fathers are citizens of the Philippines.
(4)   Those whose mothers are citizens of the Philippines and upon reaching the age of majority, elect Philippine citizenship.
(5)   Those who are naturalized in accordance with law.

Subsection (4), Article III, of the 1935 Constitution, taken together with existing civil law provisions at the time, which provided that women would automatically lose their Filipino citizenship and acquire that of their foreign husbands, resulted in discriminatory situations that effectively incapacitated the women from transmitting their Filipino citizenship to their legitimate children and required illegitimate children of Filipino mothers to still elect Filipino citizenship upon reaching the age of majority. Seeking to correct this anomaly, as well as fully cognizant of the newly found status of Filipino women as equals to men, the framers of the 1973 Constitution crafted the provisions of the new Constitution on citizenship to reflect such concerns -

Section 1, Article III, 1973 Constitution - 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 who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five.
(4)  Those who are naturalized in accordance with law.

For good measure, Section 2 of the same article also further provided that

"A female citizen of the Philippines who marries an alien retains her Philippine citizenship, unless by her act or omission she is deemed, under the law to have renounced her citizenship."

The 1987 Constitution generally adopted the provisions of the 1973 Constitution, except for subsection (3) thereof that aimed to correct the irregular situation generated by the questionable proviso in the 1935 Constitution.

Section I, Article IV, 1987 Constitution now provides:

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.

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[14] Leon T. Garcia, The Problems of Citizenship in the Philippines, Rex Bookstore, 1949, p.3.
[15] Justices Malcolm, Recto and Florentino Torres believed that the law was effective in the Philippines. Those who entertained the contrary view were Justices Imperial and Villareal. (Garcia, supra., at 4.).
[16] Garcia, supra., pp. 5-6.
[17] Under the Royal Decree of August 23, 1868, the following were considered foreigners --- (1) The legitimate and recognized natural children of a father who belongs to another independent state, and the unrecognized and natural and other illegitimate children of a mother belonging to another State born outside of the Spanish dominions, (2) The children specified in the preceding paragraph, born in the Spanish dominions or on board Spanish vessels on the high seas if they do not, on attaining the age of majority fixed in the laws of the Kingdom, elect Spanish nationality, (3) Those being Spaniards, acquire another nationality, as well by renouncing the first as by accepting employment, from another government without the authority of the sovereign and (4) The woman who contracts marriage with a subject of another State. (Garcia, supra., pp. 6-7)
[18] Under the law, the following were foreigners (a) All persons born of foreign parents outside of the Spanish territory; (b) Those born outside of the Spanish territory of foreign fathers and Spanish mothers while they do not claim Spanish nationality, (3) Those born in Spanish territory of foreign parents or foreign fathers and Spanish mothers while they do not make that claim, (4) Spaniards who may have lost their nationality, (5) Those born outside of the Spanish territory of parents who may have lost their Spanish nationality; and (6), the Spanish woman married to a foreigner. (Garcia, supra., p. 7)
[19] Velayo, infra., p. 11.
[20] Article 17, The Civil Code of Spain.
[21] Garcia, supra, pp. 6-7.
[22] Ramon M. Velayo, Philippine Citizenship And Naturalization, Central Book Supply, Manila (1965), pp. 22-23.
[23] Ibid., p. 30.
[24] Garcia, supra, at pp. 31-32.
[25] Garcia, supra, pp. 23-26.
[26] Velayo, supra, p. 31