MODULE 5 – CITIZEN AND CITIZENSHIP

Citizen and citizenship

• Definition
• Citizen
• A person owing loyalty to and entitled by birth or naturalization to the
protection of a state or nation.
• A resident of a city or town, especially one entitled to vote and enjoy other
privileges there.
• A civilian.
• A native, inhabitant, or denizen of a particular place:

"We have learned to be citizens of the world, members of the human community"
(Franklin D. Roosevelt).

• Citizenship
• The condition or status of a citizen, with its rights and duties.

Different types of Citizenship:

a. Citizens by birth -
There are two principles or rules that govern citizenship by birth, namely:
o Jus sanguinis – Blood relationship is the basis for the acquisition of
citizenship under this rule. The children follow the citizenship of the parents
or one of them.
o Jus soli or jus loci. – Place of birth serves as the basis for acquiring
citizenship under this rule. 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..
b. Citizens at the time of the adoption of the constitution –
The citizens referred to are those considered
o Filipino citizens under the 1973 Constitution at the
o time of the affectivity of the new Constitution on
o February 2,1987 by virtue of Proclamation No. 58 of the President.

The purpose of section 1 (1) is to protect the status of those who were
already citizens at the time the new Constitution took effect. However, it is not
the intention of the Constitution to legalize the status of those who acquired
their citizenship through fraudulent means. A Filipino citizen under 1973
Constitution who has lost his citizenship at the time of ratification of the new
Constitution is not citizen of the Philippines.

c. Citizens by blood relationship –

The Philippines, in accordance with Section 1, Paragraph 2, follows the
principle of jus sanguinis. In the determination of the citizenship of the child,
 Filipino mothers are placed by the Constitution on equal footing with their
husbands. This dignifies the Filipino woman. The father or mother may be a natural-
born Filipino or a Filipino by naturalization or by election Under the provision, a
child born of the Filipino citizen is a citizen of the Philippines although illegitimate
since the Constitution does not make any distinction.

If the child is born in a state where the rule of jus soli obtains, or the child’s
father or mother is an alien whose country follows also the principle of jus
sanguinis, it would be a case of dual citizenship.

d. Citizens through election under 1935 Constitution

 Under the 1935 Constitution, a child born of a Filipino mother, who was married toa
foreigner, is born an alien and remains an alien during his minority until he elects
Philippine citizenship. Prior to such election, he has an inchoate right to Filipino
citizenship. If he is born after the ratification of the 1973 Constitution on January 17,
1973, he is a citizen.
 Under Section1. Paragraph 2 thereof, making the children of female citizen
Philippines citizens without having to make an election. In the latter instance, he is a
citizen from birth.
 The rule then, as it is now, is that a Filipina does not lose her citizenship by her
marriage to an alien. However, it was not clear whether those who had elected
citizenship under the 1935 Constitution (having been born before the affectivity of
the `1973 Constitution on January 17, 1973) are to be considered as natural-born
Filipino citizens. Under Section 1, paragraph 3 in relation to Section 2, they are now
declared as natural-born citizens.
 An illegitimate child follows the citizenship of his legally known parent, the mother.
Hence, there is also no need to elect Philippine citizenship.

e. Citizens by naturalization
Meaning of naturalization
1. Naturalization is the act of formally adopting a foreigner into the political body of
the state and clothing him with the rights and privileges of citizenship. It implies
the renunciation of a former nationality and the fact of entrance to a similar
relation towards a new body politic.

Nature of naturalization
1. An alien does not have a natural inherent or vested Right to be admitted to
citizenship in a state. Citizenship is a matter of grace favor or privilege which is
sovereign government may confer on, of withhold from an alien or grant to him
under such conditions as it sees fit without the support of ant reason whatsoever.
Citizenship in our republic, be it ever so small and weak, is always a privilege; and
no alien, be he a subject of the most powerful nation of the world, can take such
citizenship for granted or assume it as a matter of right.
2. In view of the above principles, the rule is that in case of doubt concerning the
grant of citizenship, such doubt should be resolved in favor of the State and
against the applicant for naturalization.
Ways of acquiring citizenship by naturalization - A person may be naturalized
in three ways:
1. By judgment of the court. – The foreigner who wants to become a Filipino
citizen must apply for naturalization with the proper Regional Trial Court.

2. By direct act of congress. – In this case, our law-making body simply enacts an
act directly conferring citizenship on a foreigner; or

3. By administrative proceedings. - Under R.A. NO. 9139 ( Jan. 8, 2001), known as

the Administrative naturalization law of 2000,” aliens born and residing in the
Philippines may be granted Philippine citizenship by administrative proceedings
before a special Committee on naturalization, subject to certain requirements
dictated by national security and interest.

f. Different kinds of citizens under the 1987 Constitution.

They are:
1. Natural-born citizens.- They are to those:
a. Who at the moment of their birth are already citizens of the Philippines
b. Do not have to perform any act to acquire his Philippine citizenship. So a child
born of Filipino parents, or a Filipino father, or a Filipino mother after the
ratification of the 1973 Constitution on January 17 1973 is natural-born citizen.
2. Citizens at the time of adaptionof the new Constitution.
3. Citizens through election.
4. Natural citizens.

4. Loss of citizenship.
a. A Filipino citizen may lose his citizenship in any of the following ways and
or events:

Voluntarily – They are;

1. By naturalization in foreign country (see R.A. No. 9225, infra.)
2. By express renunciation of citizenship
3. By subscribing to an allegiance to support the constitution and law of foreign
country; and by rendering service to, accepting commission in the armed forces of
foreign country (except under certain circumstances ); and

Involuntarily - They are:

1. By cancellation of his certificate of naturalization by court; and
2. By having been declared by competent authority, a deserter in the Philippine
armed forces in time of war.
Note: The voluntary loss or renunciation of one’s nationality is called expatriation.
In time of war, however, a Filipino citizen cannot expatriate himself.

b. Re-acquisition of lost Philippine citizenship

Citizenship may be reacquired:
1. By naturalization, provided the applicant possesses none of the disqualifications
provided in the naturalization law;
2. By repatriation of deserters of the Philippine armed forces and women who lost
their citizenship by reason of marriage to an alien, after the termination of their
status; and
3. By direct act of the Congress of the Philippines

c. Effect of marriage of citizen to an alien.

 Under section 4, a citizen of the Philippines who marries an alien does not
lose his/her Philippines citizenship even by the laws of his/her wife’s/
husband’s country, he/she acquires her/his nationality.
• The exception is where ‘by their act or omission they are deemed, under the
law, to have renounced their citizenship,” such as (under an existing law)
subscribing to an oath of allegiance to support the constitution and the law of
foreign country. A Filipino woman, who upon marriage to an alien acquires
his citizenship, will posses two citizenships Philippine citizenship and that of
her husband.
•
d. Dual allegiance of citizens.
 Section 5 prohibits more particularly naturalized Filipinos from practicing
what is called “dual allegiance” which refers to the continued allegiance of
naturalized nationals to their mother country even after they have acquired
Filipino citizenship. It is declared inimical to national interest, and Congress
is required that it be dealt with by law.
 Dual citizenship, on the other hand, refers to the possession of two
citizenship by an individual, that of his original citizenship and that of the
country where he became a naturalized citizen.

4. A Filipino Citizen’s Rights with corresponding obligations

a. Citizens should realized that for every right (see Art. III.) there must be a
corresponding duty. If the people are aware not only of their rights but also if
their obligations, there will be less misunderstanding and less conflict in society.
• Rights become fully available for enjoyment only when all the citizens, without
exception, comply loyally with all their obligations.
• The rights to life, liberty, and property, for instance, are but partially available for
enjoyment so long as there are members of the political community who are
deficient in that necessary compliance.
• Conversely, the enjoyment of rights becomes ample and real to the degree that
the citizens willingly carry out their obligations.

b. Duties and obligation of citizens

Among others, the more important duties and obligations of every citizen in a
democratic society are enumerated and explained below.
1. To be loyal to the Republic
2. A citizen owes, not a qualified and temporary, but an absolute and permanent
 allegiance which consist in the obligation of fidelity and obedience to his
government..
3. To defend the State.
4. To contribute to the development and welfare of the state.
5. To uphold the Constitution and obey the laws.
6.To cooperate with duly constituted authorities.
7.To exercise rights responsibly and with due regard for the rights of others.
8.To engage in gainful work.
9.To register and vote.

5. Suffrage

a. Definition
Suffrage is the 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 and submitted to the people.

b. Nature of Suffrage
1. A mere privilege.- Suffrage is not natural right of the citizens but 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 welfare of
society.
2. A political right. – In the sense of 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 its powers from the consent of
the governed. (see Art. II. Sec. 1.) The principle is that of man, one vote. (supra.)

c. Scope of Suffrage
 Election. – Strictly, 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 of powers of government;
 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. In the
Philippines, the term is applied to an election at which any proposed
amendment to, or revision of, the Constitution is submitted to the people for
their ratification.
 Referendum – It is the submission of a law or part thereof passed by the
national or local legislative body to the voting citizens of the country for
their ratification or rejection ( see Art. VI. Sec. 32.);
 Initiative – It is the process whereby the people directly propose and enact
laws. Congress is mandated by the Constitution to provide as early as possible
for a system of initiative and referendum. (Ibid.) Amendments to the
Constitution may likewise be directly proposed by the people through initiative
Art. XVII, Sec. 2.)and
 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 a vote of the people
after registration of petition signed by a required percentage of the qualified
voters. ( see Art. X, Sec. 3 )

d. Qualifications of voters
He/She must be:
1. A citizen ( male or female ) of the Philippines;
2. Not otherwise disqualified by law;
3. At least eighteen (18) years of age; and
4. Have resided in the Philippines for at least (1) year and in the place wherein he
proposes to vote for at least six (6) months preceding the election.

e. System for securing the secrecy and sanctity of the ballot.

The right to vote has reference to a constitutional guarantee of the utmost
significance. It is a right without which the principle of sovereignty residing in the
people ( ART. II Sec. 1.) becomes nugatory. It is essential then to insure that the
voters shall voters exercise their right freely, “uninfluenced by threats, intimidation
or corrupt motives” and “to secure a fair and honest count of the ballots,” To
accomplish this aim, Congress is directed by the Constitution “to provide a system
for securing the secrecy and sanctity of the ballot.”

f. System for absentee voting by qualified Filipinos.

 Section 2 existence the right of suffrage even to Filipinos abroad provided
they possess all the qualifications mentioned therein and none of the
disqualifications provided by law.
• Filipinos who by force circumstances ( e.g., the need to earn a living ) have to
temporarily work and reside abroad but maintain their love and loyalty to
their native land are still part of our Republic.

12 Little Things Every Filipino can do to save our country

a. Follow traffic rules. Follow the law.
b. Whenever you buy or pay for anything, always ask for an official receipt.
c. Don’t buy smuggled goods. Buy local. Buy Filipino
d. When you talk to others, especially foreigners speak positively about us and our
country
e. Respect your traffic officer, policeman and soldier.
f. Do not litter. Dispose your garbage properly. Segregate. Recycle. Conserve.
g. Support your church.
h. During elections, do your solemn duty.
i. Pay your employees well.
j. Pay your taxes.
k. Adopt a scholar or a poor child.
l. Be a good parent. Teach your kids to follow the law and love our country.