report on citizenship

7/27/2019 Report on Citizenship

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CITIZENSHIP

CITIZENSHIP


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CITIZENSHIP

CITIZENSHIP Chapter 22

CITIZENSHIPis membership in a political

community with all its affiliated rights and

responsibilities.


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CITIZENSHIPEXCLUSIVE RIGHTS of a FILIPINO CITIZEN

CITIZENSHIP


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CITIZENSHIP

CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN

Right to Vote

Right to Run for Public OfficeRight to Exploit Natural Resources

Right to Operate Public Utilities

Right to Administer Educational Institutions

Right to Manage the Mass Media


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CITIZENSHIP


Right to Vote






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CITIZENSHIP


Right to Vote






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CITIZENSHIP


Right to Vote






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CITIZENSHIP


Right to Vote






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CITIZENSHIP


Right to Vote






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CITIZENSHIPCOMMON METHODS OF ACQUISITION

CITIZENSHIP

By Birth Jus Sanguinis & Jus Soli


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The Jus SanguinisThe Jus Soli

CITIZENSHIPA personscitizenship is by blood, that of the parents.

This rule is followed in most countries of the world.


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CITIZENSHIP COMMON METHODS OF ACQUISITION

the legal principle that an individual's nationality is

determined by that person's place of birth.

The Jus SanguinisTheJus Soli


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CITIZENSHIPCITIZENSOF THE PHILIPPINES

CITIZENSHIP


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CITIZENSHIPCITIZENSOF THE PHILIPPINES

1. Citizenship under 1935 Constitution

2. Children of Filipino Parents

3. Election of Philippine Citizenship4. Naturalization


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CITIZENSHIP CITIZENS OF THE PHILLIPINES

UNDER THE PRESENT CONSTITUTION

Those who/whose:

are citizens of the Philippines at

the adoption of the constitution

fathers or mothers are citizens of

the Philippines

born before January 17, 1973of

Filipino mothers, who choose

Philippine citizenship uponattaining the age of majority.

are naturalized in accordance

with law.


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Those who/whose:are citizens of the Philippine Islands at thetime of the adoption of theCommonwealth Constitution onNovember 15, 1935.

born in the Philippine Islands of foreignparents who, prior to the adoption of thecommonwealth Constitution, had beenelected to public office in the PhilippineIslands.

fathers were citizens of the Philippinesand mothers were citizens of thePhilippines, upon attaining majority agechose Philippine citizenship

were naturalizedin accordance with law

1. UNDER THE 1935CONSTITUTION


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Children born to Filipino

fathers were granted natural

born citizenship under

Commonwealth Constitution.

Only exception is, if thechild was born out of lawfulwedlock he will acquire the

citizenship of the only known

parent which is the mother.

Under new rule, child is

considered natural-born

Filipino citizen provided thateither of his parents is a

Filipino citizen.

2. CHILDREN OF FILIPINO PARENTS


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The right of election permitted underthe present Constitution was availableonly to those born to Filipino mothersunder the 1935 Constitution who, hadthe charter not been changed, would

have been able to elect Philippinecitizenship upon attaining majority age.

If Filipino mother lost her citizenshipupon marriage to foreigner, the right ofelection cannot be claimed by the

offspring born under the newconstitution.

This right could only be exercised onlywithin 3 years from attainment of themajority age of 18, or only up to

January 17, 1994.

3. ELECTION OF PHILIPPINE CITIZENSHIP


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is a process by which a foreigner acquires, voluntarily orby operation of law, the citizenship of another state.

4. NATURALIZATION


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CITIZENSHIPNATURALIZATION

CITIZENSHIP

Direct ORDerivative


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CITIZENSHIP NATURALIZATION

is effected:1.) by individual proceedings,usually general naturalizationlaws;

2.) by special act of legislature,often in favor of distinguishedforeigners who have renderedsome notable service to thelocal state;

3.) by collective change ofnationalityas a result of cessionor subjugation; and4.) in some cases, byadoptionor orphan minorsas nationals ofthe state where they are born.

DIRECT NATURALIZATION


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CITIZENSHIP

is conferred/honored:1.) on the wife of thenaturalized husband;

2.) on the minor childrenof the naturalized parent;and3.) on the alien womanupon marriage to a

national.

DERIVATIVE NATURALIZATION

NATURALIZATION


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CITIZENSHIP

A. PROCEDURE


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CITIZENSHIP NATURALIZATION PROCEDURE

1. The applicant shall file with the Office of the Solicitor Generala declaration of his intention to be a citizen of thePhilippines.

2. Filing of petition for naturalization with the regional trial court

of the province or city where the petitioner has resided for atleast one year.

3. Upon the receipt of the petition, the clerk of court shall havethe duty of publishing the same in the Official Gazette and inone newspaper of general circulation in the province or cityonce a week for three consecutive weeks and to postnotices thereof and of the hearing.

4. Six months after the last publication, but in no case within 30(30) days before any election, the hearing shall begin, atwhich the petitioner shall establish all the allegation of hispetition, to be corroborated by at least 2 credible witnesses.

PROCEDURE


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1. The applicant shall file with the Office of the Solicitor Generala declaration of his intention to be a citizen of thePhilippines.

2. Filing of petition for naturalizationwith the regional trial court

of the province or city where the petitioner has resided for atleast one year.

3. Upon the receipt of the petition, the clerk of court shall havethe duty of publishing the same in the Official Gazette and inone newspaperof general circulation in the province or cityonce a week for three consecutive weeks and to postnotices thereof and of the hearing.

4. Six (6) months after the last publication, but in no case within30 (30) days before any election, the hearing shall begin, atwhich the petitioner shall establish all the allegation of hispetition, to be corroborated by at least 2 credible witnesses.

PROCEDURE

1.

2.

3.

4.


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1. He must not be less than eighteen (18) years of age on the date of the hearingof the petition.

2. He must have resided in the Philippines for a continuous period of not les thanten years.

3. He must be of good moral character and believe in the principles underlyingthe Philippine Constitution, and must have conducted himself in a proper and

irreproachable manner during the entire period of his residence in thePhilippines in relation with the constituted government as well as thecommunity in which he is living;

4. He must own real estate in the Philippines worth no less than five thousandpesos, Philippine currency, or must have some known lucrative trade,profession or lawful occupation.

5. He must be able to speak and write English or Spanish and any of the principalPhilippine language.

6. He must have enrolled his minor children of school age in any of the publicschools or private schools recognized by the Office of Private Education in thePhilippines, where Philippines history, government and civics are taught orprescribed as part of the school curriculum during the entire period of theresidence in the Philippines required of him prior to the hearing of his petition

for naturalization as required for naturalization as Philippine citizen.

THE PETITIONER IS REQUIRED TO POSSES THESE QUALIFICATIONS


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1. He must not be less than eighteen (18)years of age on the date of the hearingof the petition.

1. He must have resided in the Philippines for a continuous period of not less thanten years.

2. He must be of good moral character and believe in the principles underlyingthe Philippine Constitution, and must have conducted himself in a proper and

irreproachable manner during the entire period of his residence in thePhilippines in relation with the constituted government as well as thecommunity in which he is living;

3. He must own real estate in the Philippines worth no less than five thousandpesos, Philippine currency, or must have some known lucrative trade,profession or lawful occupation.

4. He must be able to speak and write English or Spanishand any of the principalPhilippine language.

5. He must have enrolled his minor children of school age in any of the publicschools or private schoolsrecognized by the Office of Private Education in thePhilippines, where Philippines history, government and civics are taught orprescribed as part of the school curriculum during the entire period of theresidence in the Philippines required of him prior to the hearing of his petition

for naturalization as required for naturalization as Philippine citizen.

THE PETITIONER IS REQUIRED TO POSSES THESE QUALIFICATIONS

2.

3.

4.

5.

6.


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1. Having honorably held office under

the Government of the Philippines or

under that of any of the provinces,

cities, municipalities, or political

subdivisions thereof;

2. Having established a new industry orintroduced a useful invention in the

Philippines.

3. Being married to a Filipino woman;

4. Having been engaged as a teacher

in the Philippines in a public or

recognized private school not

established for the exclusive

instruction of children of persons of

particular nationality or race, in any

of the branches of education or

industry for a period of not less than

two years;

5. Having been born in the Philippines

THE TEN (10) YEAR RESIDENCE IS REDUCE TO FIVE IF APPLICANT POSSESANY OF THE FOLLOWING SPECIAL QUALIFICATION:


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1. Having honorably held office under

the Government of the Philippines or

under that of any of the provinces,

cities, municipalities, or political

subdivisions thereof;

2. Having established a new industry orintroduced a useful invention in the

Philippines.

3. Being marriedto a Filipino woman;

4. Having been engaged as ateacher

in the Philippines in a public or

recognized private school not

established for the exclusive

instruction of children of persons of

particular nationality or race, in any

of the branches of education or

industry for a period of not less than

two years;

5. Having been bornin the Philippines

THE TEN (10) YEAR RESIDENCE IS REDUCE TO FIVE IF APPLICANT POSSESANY OF THE FOLLOWING SPECIAL QUALIFICATION:

1.

2.

3.

4.

5.


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1. Person opposed to organized government or affiliatedwith any association or group of persons who uphold andteach doctrines opposing all organized governments;

2. Persons defending or teaching the necessity or proprietyof violence, personal assault, or assassination for thesuccess and predominance of their ideas;

3. Polygamists or believers in the practice of polygamy;4. Persons convicted of crimes involving moral turpitude;5. Persons suffering from mental alienation or incurable

contagious diseases;6. Persons who during the period of their residence in the

Philippines, have not mingled socially with Filipinos, or who

have not evinced a sincere desire to learn and embracethe customs, traditions, and ideals of the Filipinos;

7. Citizens or subjects of nations with whom the Philippines isat war, during the period of such war;

8. Citizens or subjects of a foreign country whose laws do notgrant Filipinos the right to become naturalized citizens orsubject thereof.

THE FOLLOWING ARE DISQUALIFIEDFROM NATURALIZATION


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1. Person opposed to organized government or affiliatedwith any association or group of persons who uphold andteach doctrines opposing all organized governments;

2. Persons defending or teaching the necessity or proprietyof violence, personal assault, or assassination for thesuccess and predominance of their ideas;

3. Polygamists or believers in the practice of polygamy;4. Persons convicted of crimes involving moral turpitude;5. Persons suffering from mental alienation or incurable

contagious diseases;6. Persons who during the period of their residence in the

Philippines, have not mingled socially with Filipinos, or who

have not evinced a sincere desire to learn and embracethe customs, traditions, and ideals of the Filipinos;

7. Citizens or subjects of nations with whom the Philippines isat war, during the period of such war;

8. Citizens or subjects of a foreign country whose laws do notgrant Filipinos the right to become naturalized citizens orsubject thereof.

THE FOLLOWING ARE DISQUALIFIEDFROM NATURALIZATION

1.

2.

3.4.5.

6.

7.

8.


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Within two (2) years of probationary period the petitioner mustestablish that:

He has not left the Philippines Has devoted himself to a lawful calling

Has not been convicted of any violation of law Has not committed any act in contravention of any government

announce policy


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announce policy


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announce policy


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announce policy


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The Last StepAdministration of the oath of citizenship, by virtue which the

petitioner shall embrace Philippine citizenship and renounceallegiance to any foreign State.

CITIZENSHIP


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CITIZENSHIP

B. EFFECTS


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CITIZENSHIP EFFECTS

CITIZENSHIP

Naturalized Filipinos have all the

rights of a Philippine citizen exceptonly those reserved by Constitution

to natural-born citizens of thePhilippines.

Only Natural-Born citizens are

allowedto hold constitutional officessuch as:

1. Office of the President2. Senators

3. Members of the House ofRepresentatives

4. Members of the Supreme Court5. Chairman and Commissioners of

the Constitutional Commissions(Civil Service Commission, COMELEC

and Commission on Audit)


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CITIZENSHIP

C. REVOCATION


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CITIZENSHIP EFFECTS

CITIZENSHIP

A person may be DENATURALIZEDon the petition of the Solicitor

General on the grounds:

that the certificate ofnaturalization was obtained

fraudulently

that he established his permanentresidence abroad within five (5)

years after naturalization

that the petition was based on aninvalid declaration of intention

that his minor children failed tocomply with the educational

requirementsthrough his fault orneglect

he allowed himself to be used as adummyin violation of our

naturalization laws.


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CITIZENSHIP EFFECTS

CITIZENSHIP

LOSS AND REAQUISITION OF CITIZENSHIP

According to C.A. No. 63 Philippinecitizenship is lost:

1. By naturalization in foreign country2. By express renunciation of

citizenship3. By oath of allegiance to other

countries4. By rendering service to or accepting

commission in the armed forces of aforeign country.

5. By cancellation of the certificate ofnaturalization

6. A deserter of the Philippine ArmedForces in time of war

7. In case of a woman, upon marriageacquires her husbandsnationality


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CITIZENSHIP EFFECTS

INSTANCES WHEN A PHILIPPINE CITIZEN MAY POSSESS DUAL CITIZENSHIP

1. Those born of parents whosecountry adopts the jus sanguinisprinciple in foreign countries whichfollows the jus soli principle.

2. Those born in the Philippines ofFilipino mothers and an alien father,if by laws of their fathers countrysuch children are citizens of thatcountry.

3. Those who marry aliens if by the lawsof the latters country, the formerare considered citizens unless, bytheir act or omission they aredeemed to have renouncedPhilippine citizenship.

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