Article 4: Citizenship PDF

# Article 4: CITIZENSHIP "Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for all her modest resources compared to those of other states, is a jealous and possessive mother demanding total love and loyalty from her children." -Justice Isagani Cruz- ## Citize...

# Article 4: CITIZENSHIP "Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for all her modest resources compared to those of other states, is a jealous and possessive mother demanding total love and loyalty from her children." -Justice Isagani Cruz- ## Citizenship - A term denoting membership in a political community with full civil and political privilege and this membership imply, reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the state. - This legal relationship involves rights and obligations on the part of both the individual and the state itself. ## Citizen - A person having the title of citizenship. - He is a member of a democratic community who enjoys full civil and political rights and is accorded protection inside and outside the territory of the State. ## Citizenship and Nationality and National | Citizenship | Nationality | National | |---|---|---| | Membership in a democratic or political community | Membership in any political community whether monarchial, autocratic or democratic | Defined as a person who owes allegiance to and is entitled to the protection of a given state, regardless of the status under domestic law | | Follows the exercise of civil and political rights | Does not necessarily carry with it the exercise of political rights | All persons are nationals, but not all are citizens of a state | | Implies complete possession of civil and political rights in a body politic | Often times use synonymously with Citizenship | | | Political affiliation; civil and political rights | Does not necessarily confer right like that of a citizen. Ethnicity; ethnic in nature; place of origin | | ★ A person can be a citizen of one country and a national of another. ## What is a Subject? - Usually implies membership in a monarchial society. - Not enjoy civil and political rights. ## What is an Alien? - Citizen of a country who is residing in or passing through another country. He is particularly called "foreigner". - Not given the full rights of citizenship but is entitled to receive protection as to his person and property. ## General Ways of Acquiring Citizenship ### Involuntary Method #### By birth - **Jus Sanguinis (right of blood)** - Citizenship by virtue of blood relationship. - The children follow the citizenship of the parents. - This prevails in the Philippines. - **Jus soli (right of soil)** - Citizenship by virtue of the place of birth. - A person becomes a citizen of the state where he is born irrespective of the citizenship of the parents. - This principle prevails in the United States. #### Situations - If parents are foreigners born in the Philippines citizenship would depend on the law of the state where the parents came from. - If born on an airplane, they would usually check the nationality/registration of the plane. - Ships and airplanes are considered extensions of a state. - Through the change of sovereignty which result in the acquisition by each individual of the ceded or acquired territory of the citizenship under the new sovereign in the absence of treaty stipulations to the contrary. - Through direct legislative grant. - Foreigners may be granted citizenship by congress. ### Voluntary Method - Through marriage which result in the acquisition by the wife of the citizenship of the husband in case of difference in citizenship of the parties, except where the wife is barred from acquiring the citizenship of the husband by the law of the nation of the latter. - Through the election which is the acquisition of citizenship after reaching the age of majority. - Naturalization of the head of the family which result in the naturalization of the wife and the minor children living with him. ## Who are the Citizens of the Philippines? Section 1 provides that the following are deemed 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. ## What are the Different Kinds of Citizens Under the Constitution? - **Natural-born citizens** - Section 2 provides that 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 of Article 4 of the Philippine Constitution shall be deemed natural-born citizens. - PH mother and father - Only citizens entitled to: - run for public office - exercise the right to suffrage - **Citizens at the time of the adoption of this Constitution** - **Those who elect Philippine citizenship upon reaching the age of reason** - **Those who are naturalized in accordance with law.** ### Naturalization - Legal act of adopting a foreigner into the political body of the state and clothing him with the rights and privileges of a citizen. - Implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. - A person may be naturalized either by complying with both the substantive and procedural requirements of a general naturalization law or he may be naturalized by a special act of the legislature. ## Ways to Acquire Citizenship - Naturalization - Repatriation ## How Filipino Citizenship may be Lost Filipino citizen may lose his citizenship in any of the following ways: ### Voluntary a. By Naturalization in a foreign country b. By express renunciation of citizenship (expatriation) - Opposite repatriation c. By subscribing to an oath of allegiance to support the constitution and law of foreign country d. By rendering service to or accepting commission in the armed forces of a foreign country ### Expatriation - Voluntary loss or renunciation of one's nationality ### Involuntary - Repatriation - reacquire citizenship - By cancellation of his certificate of naturalization by the court - By having been declared by competent authority a deserter of the Philippine armed forces in times of war. ## What are the Grounds for Reacquiring Lost Philippine Citizenship? 1. By naturalization 2. By repatriation 3. By direct act of congress R.A. 9225 otherwise known as the "Citizenship Retention and Re-acquisition Act of 2003" ## Derivative Citizenship The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who reacquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines. ## Retention and Acquisition of Citizenship; Civil and Political Rights and Liabilities Those who shall retain or re-acquire Philippine citizenship under the Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: 1. Those intending to exercise their right of suffrage must meet the requirement under Section 1, Article V of the Philippine Constitution, RA 9189 otherwise known as " The Overseas Absentee Voting Act of 2003 and other existing laws. 2. Those seeking elective public office in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer oath; 3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office. They must renounce their oath of allegiance to the foreign country where they took that oath; 4. Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engaged in such practice; and 5. The right to vote or be elected or appointed to any public office in the Philippines cannot be extended to, those who: - Are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or