Citizenship

Article V: Citizenship Philippine Politics and Governance Mr. Carl Patrick S. Tadeo

1
Philippine Politics and Governance
4th Quarter, 2nd Semester, A.Y. 2017-2018
CITIZENSHIP
Philippine Politics and Governance
4th Quarter, 2nd Semester, A.Y. 2017-2018
MR. CARL PATRICK S. TADEO
Faculty, Senior High School
Department of Social Sciences
0907-056-8079
PRE-TEST
Write TAYO NA! if the statement presents a fact based on our law regarding citizenship. Otherwise, write
WALANG TAYO!.
1. Mark’s mother is German while his father is Filipino; therefore, Mark is not considered as a Filipino.
2. John Idle is an American and he wants to become a Filipino, but there is no way he can become one.
3. Citizenship can never be lost.
4. Bea Cruz is a Filipino. When she married a Vietnamese, she automatically lost her Filipino citizenship.
5. There are no natural-born Filipino citizens.
Citizenship is a term denoting membership in a political community called a state.
Citizens of state enjoy full civil and political rights.
Modes of Acquiring Citizenship
Modern law recognizes two ways of acquiring
citizenship. These are:
A. By Birth – which is governed by two
principles or rule, namely:
1. Jus sanguinis – literally called the law of
the blood. Citizenship is based on blood
relationship, that is, the citizenship of the
child follows the citizenship of the parents
or one of them. The Philippines observe
this principle.
2. Jus soli – this is called the law of the soil.
Citizenship is based on the place of birth,
that is, the citizenship of the child is
determined by the state where he is born.
This is the principle observed in the
United States.
B. By Naturalization – it is the act of adopting
an alien as citizen of the state and clothing
him with the corresponding rights and
privileges. An alien can be naturalized in two
ways. These are:
a. By special act of Congress in which
Congress enacts a law conferring
citizenship on an alien; and
b. By judgment of the court in which
applicants for naturalization comply with
the substantive requirements (age, moral
character, political belief, real property, or
lucrative occupation) and procedural
requirements (declaration of intention,
filing of petition, and hearing) of the
Naturalization Law (C.A. 473).
2
Philippine Politics and Governance
4th Quarter, 2nd Semester, A.Y. 2017-2018
Two types of Person Living in the Philippines
1. Aliens
 These are people who live in within
the territory of the Philippines but
“owe permanent allegiance to a foreign
country.”
 They are not vote entitled to vote or
run for elections.
 They have limited business
capabilities, and they cannot engage in
professions like law and medicine,
among other restrictions.
 State provides them protection by
extending the civil rights guaranteed
by the Constitution, provided that they
also obey the laws of the land and pay
taxes.
2. Citizens
A citizen meets the qualifications stated under
Section 1, Article IV of the 1987 Philippine
Constitution, which are:
 Those who are citizens of the
Philippines at the time of the adoption
of this Constitution;
 Those whose fathers and mothers are
citizens of the Philippines;
 Those born before January 17, 1973,
of Filipino mothers, who elect
Philippine citizenship reaching the age
of majority; and
 Those who are naturalized in
accordance with law.
Kinds of Citizens under the Constitution
1. Natural-born Citizen – as described in
Section 2 of Article IV, a natural born citizen
is one who:
a. is already a citizen of the state from birth
without performing any act to acquire or
perfect his citizenship; and
b. those born before January 17, 1973 of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority. This is called citizenship by
election (Commonwealth Act 625, Sec. 1).
A citizen whose parents are one of them is
a citizen of the Philippines is a natural-
born citizen but if at a later time, the
citizen becomes a naturalized citizen of
another state and subsequently, reacquires
again his Philippine citizenship, is not a
natural-born citizen.
2. Naturalized Citizen – he is one who
renounced his former citizenship and was
granted citizenship by another state.
It is very important to distinguish between a natural-
born citizen and a naturalized citizen because the
constitution reserves the following positions only for
the natural-born citizens (see Art. VII, Secs.,2-3, Art.
VI, Secs. 3 and 6, Art. VIII, Sec. 7(1), Art. B-Sec, 1
(1), D-Sec.1, Art. XI, Sec.8, Art. XII, Sec. 20),
namely:
1. President and Vice President;
2. Members of the Congress;
3. Justices of the Supreme Court and Judges of
lower courts;
4. Members of any Constitutional Commission
such as the Commission on Elections;
5. Members of the Monetary Board; and
6. The Ombudsman and his deputy.
3
Philippine Politics and Governance
4th Quarter, 2nd Semester, A.Y. 2017-2018
Loss and Reacquisition of Citizenship
Citizenship is more or less permanent. It is a right that
can be with held by the state in accordance with the
procedures and groups provided by law. A Filipino
citizen may lose or reacquire citizenship in
accordance with provisions of Commonwealth Act
No. 63, as amended by R.A. 106 an R.As. 965 and
2639 which are:
Loss of Citizenship
1. By naturalization in a foreign country;
2. By express renunciation of citizenship;
3. By subscribing to an oath of allegiance to
support the constitution or laws of a foreign
state;
4. By rendering services to or accepting
commission in the armed forces of a foreign
country except under circumstances such as, if
we have a military pact of alliance in the
foreign country;
5. By cancellation of the certificates of
naturalization; and
6. By having been declared a deserter in the
Armed Forces if the Philippines in time of
way by competent authority.
Expatriation – voluntary loss of Philippine
citizenship
Repatriation – reacquisition of the same
Expatriate – a Filipino who becomes a
naturalized American citizen
Repatriate – if he returns to Philippines and
causes reacquisition of his Philippine
citizenship
Reacquisition of Citizenship
1. By naturalization;
2. By a direct act of Congress; and
3. By repatriation. This means taking an oath of
allegiance to the Republic of the Philippines
before the proper court and registering the
same in the civil registry.
Citizenship of Filipinos who Marry Aliens
Article IV, Section 4 states that:
“Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or
omission they are deemed, under the law, to have
renounced it.”
Article IV, Section 5 states that:
“Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.”
References:
Naguit, Reynaldo S. (2005). Discourses on the 1987
Philippine Constitution. Meycauayan, Bulacan:
Trinitas Publishing, Inc.
Pawilen, R.A. & Pawilen, R. M. (2016). Philippine
Politics and Governance. Manila, Philippines: Rex
Book Store

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Citizenship

  • 1. 1 Philippine Politics and Governance 4th Quarter, 2nd Semester, A.Y. 2017-2018 CITIZENSHIP Philippine Politics and Governance 4th Quarter, 2nd Semester, A.Y. 2017-2018 MR. CARL PATRICK S. TADEO Faculty, Senior High School Department of Social Sciences 0907-056-8079 PRE-TEST Write TAYO NA! if the statement presents a fact based on our law regarding citizenship. Otherwise, write WALANG TAYO!. 1. Mark’s mother is German while his father is Filipino; therefore, Mark is not considered as a Filipino. 2. John Idle is an American and he wants to become a Filipino, but there is no way he can become one. 3. Citizenship can never be lost. 4. Bea Cruz is a Filipino. When she married a Vietnamese, she automatically lost her Filipino citizenship. 5. There are no natural-born Filipino citizens. Citizenship is a term denoting membership in a political community called a state. Citizens of state enjoy full civil and political rights. Modes of Acquiring Citizenship Modern law recognizes two ways of acquiring citizenship. These are: A. By Birth – which is governed by two principles or rule, namely: 1. Jus sanguinis – literally called the law of the blood. Citizenship is based on blood relationship, that is, the citizenship of the child follows the citizenship of the parents or one of them. The Philippines observe this principle. 2. Jus soli – this is called the law of the soil. Citizenship is based on the place of birth, that is, the citizenship of the child is determined by the state where he is born. This is the principle observed in the United States. B. By Naturalization – it is the act of adopting an alien as citizen of the state and clothing him with the corresponding rights and privileges. An alien can be naturalized in two ways. These are: a. By special act of Congress in which Congress enacts a law conferring citizenship on an alien; and b. By judgment of the court in which applicants for naturalization comply with the substantive requirements (age, moral character, political belief, real property, or lucrative occupation) and procedural requirements (declaration of intention, filing of petition, and hearing) of the Naturalization Law (C.A. 473).
  • 2. 2 Philippine Politics and Governance 4th Quarter, 2nd Semester, A.Y. 2017-2018 Two types of Person Living in the Philippines 1. Aliens  These are people who live in within the territory of the Philippines but “owe permanent allegiance to a foreign country.”  They are not vote entitled to vote or run for elections.  They have limited business capabilities, and they cannot engage in professions like law and medicine, among other restrictions.  State provides them protection by extending the civil rights guaranteed by the Constitution, provided that they also obey the laws of the land and pay taxes. 2. Citizens A citizen meets the qualifications stated under Section 1, Article IV of the 1987 Philippine Constitution, which are:  Those who are citizens of the Philippines at the time of the adoption of this Constitution;  Those whose fathers and mothers are citizens of the Philippines;  Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship reaching the age of majority; and  Those who are naturalized in accordance with law. Kinds of Citizens under the Constitution 1. Natural-born Citizen – as described in Section 2 of Article IV, a natural born citizen is one who: a. is already a citizen of the state from birth without performing any act to acquire or perfect his citizenship; and b. those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. This is called citizenship by election (Commonwealth Act 625, Sec. 1). A citizen whose parents are one of them is a citizen of the Philippines is a natural- born citizen but if at a later time, the citizen becomes a naturalized citizen of another state and subsequently, reacquires again his Philippine citizenship, is not a natural-born citizen. 2. Naturalized Citizen – he is one who renounced his former citizenship and was granted citizenship by another state. It is very important to distinguish between a natural- born citizen and a naturalized citizen because the constitution reserves the following positions only for the natural-born citizens (see Art. VII, Secs.,2-3, Art. VI, Secs. 3 and 6, Art. VIII, Sec. 7(1), Art. B-Sec, 1 (1), D-Sec.1, Art. XI, Sec.8, Art. XII, Sec. 20), namely: 1. President and Vice President; 2. Members of the Congress; 3. Justices of the Supreme Court and Judges of lower courts; 4. Members of any Constitutional Commission such as the Commission on Elections; 5. Members of the Monetary Board; and 6. The Ombudsman and his deputy.
  • 3. 3 Philippine Politics and Governance 4th Quarter, 2nd Semester, A.Y. 2017-2018 Loss and Reacquisition of Citizenship Citizenship is more or less permanent. It is a right that can be with held by the state in accordance with the procedures and groups provided by law. A Filipino citizen may lose or reacquire citizenship in accordance with provisions of Commonwealth Act No. 63, as amended by R.A. 106 an R.As. 965 and 2639 which are: Loss of Citizenship 1. By naturalization in a foreign country; 2. By express renunciation of citizenship; 3. By subscribing to an oath of allegiance to support the constitution or laws of a foreign state; 4. By rendering services to or accepting commission in the armed forces of a foreign country except under circumstances such as, if we have a military pact of alliance in the foreign country; 5. By cancellation of the certificates of naturalization; and 6. By having been declared a deserter in the Armed Forces if the Philippines in time of way by competent authority. Expatriation – voluntary loss of Philippine citizenship Repatriation – reacquisition of the same Expatriate – a Filipino who becomes a naturalized American citizen Repatriate – if he returns to Philippines and causes reacquisition of his Philippine citizenship Reacquisition of Citizenship 1. By naturalization; 2. By a direct act of Congress; and 3. By repatriation. This means taking an oath of allegiance to the Republic of the Philippines before the proper court and registering the same in the civil registry. Citizenship of Filipinos who Marry Aliens Article IV, Section 4 states that: “Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.” Article IV, Section 5 states that: “Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.” References: Naguit, Reynaldo S. (2005). Discourses on the 1987 Philippine Constitution. Meycauayan, Bulacan: Trinitas Publishing, Inc. Pawilen, R.A. & Pawilen, R. M. (2016). Philippine Politics and Governance. Manila, Philippines: Rex Book Store