Title II – Citizenship and Domicile (Book II, Civil Code)

Article 48. [NB: This is superseded by Section 1, Article IV, 1987 Constitution]


1) Article 48 of the Civil Code provided for a list as to who were considered Filipino citizens. Since the Civil Code became effective on August 30, 1950, the subsequent adoption of the 1987 Constitution effectively superseded the provisions on citizenship. Under the present Constitution, Article IV enumerates who are considered Filipino citizens, 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.

SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

2) Notwithstanding the above, it should be noted that any legal issue related to citizenship will depend on what was the applicable law then. To be clear, if the legal issue predates the effectivity of the 1987 Constitution, then the applicable provision would be Article 48 of the Civil Code.


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