ARTICLE 4

CITIZENSHIP

"Philippine citizenship is a gift that mustbe 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-

What is 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 democratic community who enjoys full civil and political rights and is accorded protection inside and outside the territory of the State.

WHAT IS THE DISTINCTION BETWEEN CITIZENSHIP AND NATIONALITY

1. Citizenship is membership in a democratic or political community, whereas nationality is membership in any political community whether monarchial, autocratic or democratic;

2. Citizenship follows the exercise of civil and political rights whereas nationality does not necessarily carry with it the exercise of political rights;

3. A person can be a citizen of one country and a national of another.

How is the term National distinguished from Nationality?

• National is 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.

 • Nationality is often times use synonymously with

Citizenship. They are not exactly the same thing for the first has a broader meaning that the second. All persons are nationals, but not all are citizens of a state. Citizenship implies complete possession of civil and political rights in a body politics whereas the nationality does not necessarily confer these rights.

WHAT IS A SUBJECT?

Usually implies membership in a monarchial society. A subject does not enjoy civil and political rights.

WHAT IS AN ALIEN?

An alien is a citizen of a country who is residing in or passing through another country. He is particularly called “foreigner”. He is not given the full rights of citizenship but is entitled to receive protection as to his person and property.

WHAT ARE THE GENERAL WAYS OF ACQUIRING CITIZENSHIP?

1. Involuntary Method

2. Voluntary Method

INVOLUNTARY WAYS OF ACQUIRING CITIZENSHIP

By birth• 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.

VOLUNTARY WAYS OF ACQUIRING CITIZENSHIP

• 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

 

WHAT ARE THE TWO PRINCIPLES GOVERNING CITIZENSHIP BY BIRTH?

• Jus Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of the parents. This prevails in the Philippines.

• Jus soli. 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.

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• 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.

 

WHO ARE CONSIDERED AS 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.

WHAT IS NATURALIZATION?

• Naturalization is the legal act of adopting a foreigner into the political body of the state and clothing him with the rights and privileges of a citizen. It 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.

WHAT ARE THE QUALIFICATIONS FOR NATURALIZATION?

Under the Naturalization Law, and as provided in Section 2, C.A. No. 573, as amended, the petitioner for naturalization is required to possess the following qualifications:

1. The petitioner must not be less than 21 years old on the date of the hearing of the petition.

2. The petitioner must have resided in the Philippines for ten years, which should be continuous.

3. He must be of good moral character, and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines.

4. The petitioner must own real estate in the Philippines worth not less than P5,000 in the Philippine currency, or must have some lucrative trade, profession, or lawful occupation.

5. The petitioner must be able to speak and write English or Spanish and any one of the principal Philippine languages.

6. The Petitioner must have enrolled his children of school age in any of the public schools recognized y the government where the Philippine history, government, and civics are taught or prescribed as part of the school curriculum during the entire period of the residence required of him, prior to the hearing of his petition for naturalization as citizen.

The residence requirement of ten years is reduced to five years under any of the following instances:

1. The petitioner has honorably held office under the Government of the Philippines or under that of any political subdivisions.

2. If the application has established a new industry or introduced a useful invention in the Philippines

3. If the petitioner is married to female citizen of the Philippines.

4. If the applicant had been a teacher in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race in the Philippines for two years.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

HOW FILIPINO CITIZENSHIP MAY BE LOST?

Filipino citizen may lose his citizenship in any of the following ways:

1. Voluntary

A. By Naturalization in a foreign country

B. By express renunciation of citizenship (expatriation)

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

The voluntary loss or renunciation of one’s nationality is called EXPATRIATION

 

2. Involuntary

A. By cancellation of his certificate of naturalization by the court

B. 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

RETENTION AND ACQUISITION OF CITIZENSHIP

Under R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003” which was approved in August 29, 2003, natural born citizens of the Philippines who have lost their Philippine Citizenship by reason of naturalization as citizens of a foreign country are deemed to have reacquired Philippine citizenship upon taking an oath of allegiance to the Philippine Republic

“I ___________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself without mental reservation or purpose of evasion.”

• The natural-born citizens of the Philippines who, after the effectivity of the Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”

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:

a. Are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

b. Are in active service as commissioned or noncommissioned officers in the armed forces of the

country of which they are naturalized.

•  

WHAT IS THE EFFECT OF MARRIAGE OF A CITIZEN TO AN ALIEN?

• Under Section 4, a Filipino citizen who marries an alien does not automatically lose his or her citizenship, even if his or her nationality was granted by his or her husband’s or wife’s country. 

• Only by their act or omission are they deemed under the law to have renounced their citizenship such as taking an oath of allegiance to a foreign country.

• If a Filipino woman marries an alien and acquires her husband’s citizenship, she will possess two citizenships, Philippine citizenship and that of her husband.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

WHAT IS AN ALLEGIANCE?

Allegiance is loyalty owed by a person to his state.

Section 5 prohibits more particularly naturalized Filipinos from practicing what is called “dual allegiance” declaring it inimical to national interests.

Note that what Section 5 prohibits is not dual citizenship but dual allegiance of citizens. Dual citizenship arises because our laws cannot control laws of other states on citizenship but dual allegiance can be a matter of personal choice or decision.

WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?

1. To be loyal to the republic. Loyalty implies faith and confidence in the republic and love and devotion to the country.

2. To defend the State.

3. To contribute to the development and welfare of the state.

4. To uphold the constitution and obey the laws.

5. To cooperate with the duly constituted authorities

6. To exercise rights responsively with due regards to the rights of others.

7. To engage in gainful work

8. To register and vote

QUESTION: Fernado Poe Jr. (FPJ), presidential candidate in the 2004 national election, was born before January 17, 1973 out of wedlock to American Bessie Kelley and allan Fernando Poe, Sr. a Filipino citizen. Atty. Victorino Fornier filed a petition to disqualify FPJ for not being a Filipino citizen. Fornier argued that since FPJ is an illegitimate child, he must follow the citizenship of his American mother.

Is the status of the child born under the terms of the 1935 Constitution material in determining his citizenship?

ANSWER: No. Under the 1935 constitution, those whose fathers are citizens of the Philippines are Filipino citizens. The provision makes no distinction between legitimate and illegitimate children of Filipino fathers.

EXERCISES

Determine the citizenship of the child with the following conditions:

1. The father and mother are Filipino citizens.

2. The father is a former American citizen and was naturalized as Filipino and the mother is American citizen.

3. The father was born in the Philippines on December 25, 1970 whose father is a US navy and a Filipina mother; failed to elect his citizenship.

4. The child was born in the Philippines whose parents are Germans.

5. The child was born inside the Philippine Airlines of American parents.

6. The parents are both Chinese and were naturalized as Filipino citizens and their child was born in the Philippines.

7. The child was born in Los Angeles of a Filipina mother and American father.

8. Filipino couples migrated to US and acquire US citizenship and had children there.

ARTICLE V

SUFFRAGE

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place where they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

MEANING OF SUFFRAGE

It is a right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.

NATURE OF THE RIGHT OF SUFFRAGE

1. A MERE PRIVILEGE.

Suffrage is not a natural right of the citizens by merely a privilege to be given or withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of society.

2. A POLITICAL RIGHT.

In the sense of a right conferred by the Constitution, suffrage is classified as a political right, enabling every citizen to participate in the process of government to assure that it derives the powers from the consent of the governed.

QUALIFICATIONS OF VOTERS

A person is qualified to vote if he is:

1. A citizen (male or female) of the Philippines

2. Not otherwise disqualified by law

3. At least 18 years of age; and

4. Have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at least six (6) months preceding the election.

PERSONS DISQUALIFIED TO VOTE

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of 5 years after service of sentence.

2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to duly constituted government such as rebellion, sedition, violation of the anti-subversion and fire-arms laws or any crime against national security unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five (5) years after service of sentence

3. Insane or incompetent persons as declared by competent authority.

SCOPE OF SUFFRAGE

1. Election

It is the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise the powers of government;

2. Plebiscite

It is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. The term also applied to an election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for their ratification. A plebiscite is also required by the Constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units may be implemented.

SCOPE OF SUFFRAGE

3. REFERENDUM

It is the submission of the law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection

4. INITIATIVE

It is the process whereby the people directly propose and enact laws.

5. RECALL

It is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by avote of the people after registration of a petition signed by a required percentage of the qualified voters

EXERCISE ON SUFFRAGEAt the age of 6, Juan de la Cruz, a Filipino, migrated to US

with his family and acquired citizenship there. Not so happy with his life in US, he returned after ten years to the Philippines on June 12, 2009 and decided to reside in Makati while waiting for the approval of his petition for the reacquisition of his Filipino citizenship. After six months of waiting, his petition was finally granted by Makati RTC and restored his Filipino citizenship. Afterwards, on January 7, 2010 he went back to his hometown Victoria, Laguna to permanently reside there and start anew. However, he noticed that little things have changed since he left for US 10 years ago. Widespread poverty is still evident on the life of the people of Victoria. On that year, the national election will be held on May 11, 2010 and he decided that he will register and vote on that election so that there will be a changed in the socio-economic condition of his town.

1. Will he be allowed to register and vote by the COMELEC Officer of the Municipality of Victoria, Laguna? Explain the reasons.