What makes a person Filipino? If a person has parents but is born in another country, he/she still a Filipino? What about if a person with foreign parents is born and raised in the Philippines, he/she Filipino?
Justify your answer by giving legal basis
The Correct Answer and Explanation is:
What Makes a Person Filipino?
A person is considered Filipino primarily by blood (jus sanguinis), not by place of birth (jus soli), according to Philippine law. This principle is clearly established in the 1987 Philippine Constitution, particularly Article IV, Section 1, which defines who are citizens of the Philippines.
Article IV, Section 1 of the 1987 Constitution states:
“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.”
Scenario 1: Born Abroad to Filipino Parents
Yes, the person is still Filipino. Under Section 1(2), citizenship is passed through bloodline—so as long as either parent is a Filipino citizen at the time of the child’s birth, the child is automatically a natural-born Filipino, regardless of the place of birth.
Scenario 2: Born in the Philippines to Foreign Parents
No, the person is not automatically a Filipino citizen. Philippine law does not follow the jus soli principle (citizenship by place of birth). Even if a child is born and raised in the Philippines, if both parents are foreigners, the child does not acquire Filipino citizenship by birth. However, the person may later acquire Filipino citizenship through naturalization, a legal process governed by the Commonwealth Act No. 473 (Revised Naturalization Law).
Conclusion
Being Filipino is primarily determined by parentage, not birthplace. A child of Filipino parents born abroad is still Filipino by law. A person born in the Philippines to foreign parents is not Filipino unless naturalized. This reflects the country’s adherence to the jus sanguinis principle of citizenship.
