ARTICLE 4

CITIZENSHIP

Patricia D.L. Sto. TomasCherrylen Rubio

BSBA-III-MGT. ACCTG.

"Philippine citizenship is a gift that mustbe deserved to be retained. The

Philippines, for allher modest resources compared to those

of other states,is a jealous and possessive mother

demanding totallove and loyalty from her children.“

-Justice Isagani Cruz-

Topic Outline• Meaning of Citizenship• Definition of Citizen• The Distinction between Citizenship and Nationality• The General Ways of Acquiring Citizenship• The Kinds of Citizens Under the Constitution• Who are the Filipino Citizens?

• Case Analysis• Qualifications for Naturalization• Disqualifications for Naturalization• Loss and Reacquisition of Citizenship• Effects of Marriage of Citizen to an Alien• Duties and Obligations of Citizens

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. 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 ARE THE GENERAL WAYS OF ACQUIRING CITIZENSHIP?

• Involuntary Method

• Voluntary Method

• INVOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP

-by birth, place of birth, or by blood relationship• Jus Soli or loci – citizenship is

determined by the place of birth.• Jus Sanguinis – citizenship is

determined by blood relations.

VOLUNTARY WAYS OF ACQUIRING CITIZENSHIP

-by naturalizationa) NATURALIZATION- The act of

formally adopting a foreigner into the political Body of the state and giving him rightsAnd privileges of citizenship.

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 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.

 

Who may qualified on naturalization?

• He/she must be not less than twenty-one years of age on the day of the hearing of the petition;

• He/she must have resided in the Philippines for a continuous period of not less than ten years;

• He/she must own real estate in the Philippines worth not less than five thousand pesos;

• He/she must be of good moral character and believes in the principles underlying the Philippine Constitution;

• He must be able to speak and write English or Spanish and any one of the principal Philippine languages; and

• Minor children of school ages must enroll in public/private school recognized of the Bureau of Public School in the Philippines wherein Philippine History were being taught.

Who may not qualified for naturalization?

• Persons opposed to organized government;• Persons defending or teaching the necessity

or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;

• Polygamists or believers in the practice of polygamy;

• Persons convicted of crimes involving moral turpitude;

• Persons suffering from mental alienation or incurable contagious diseases;

• Persons who cannot mingled socially with the Filipinos, and cannot embrace the customs, traditions, and ideals of the Filipinos;

• Citizens or subjects of nations with whom the United States 2and the Philippines are at war; and

• Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.

CASE ANALYSIS

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.

Loss and Reacquisition of

Citizenship(RA 9225 amends Commonwealth

Act No. 63)

Section 1. How Citizenship may be lost. A Filipino citizen may lose his citizenship in any of the following ways and/or events:

1. By Voluntary• By naturalization in a foreign country;• By express renunciation of citizenship;• By subscribing to an oath of allegiance to

support the constitution or laws of a foreign country;• By accepting commission in the military,

naval or air service of a foreign country;

Section 2. How Citizenship may be reacquired.

• By Naturalization• By Repatriation of Deserters

of the Army, Navy, or Air Corp• By Direct Act of national

Assembly

• That he shall have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines; and

• That he subscribe to an oath declaring his attention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject.

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

• A Filipino citizen who marries an alien does not automatically lose his or her citizenship,

• 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.

WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?

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

• To defend the State.• To contribute to the development and

welfare of the state.• To uphold the constitution and obey

the laws.

• To cooperate with the duly constituted authorities

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

• To engage in gainful work• To register and vote

THE END