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by: Andy G.

Santos

Article IV
CITIZENSHIP

Section 1
The following are citizens of the Philippines:
Those who are citizens of the Philippines at the time
of the adoption of this constitution;
Those whose fathers or mothers are citizens of the
Philippines;
Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority; and
Those who are naturalized in accordance with law.

Meaning of Citizenship and Citizen

Citizenship

is a term denoting membership of a citizen in a political


society, which membership implies, reciprocally, a duty
of allegiance on the part of the member and duty of
protection on the part of the state.

Citizen

is a person having the title of citizenship. He is a member


of a democratic community who enjoys full civil and
political rights.

Distinguished from nationality and nationals


The terms citizenship and citizen do not exactly
mean the same as nationality and national
Prior to the granting of the Philippine independence by
the American nationals on July 4, 1946, the Filipinos
were deemed American nationals because they owed
allegiance to the United States but were not citizens
thereof.
The nationals of a state include not only its citizens who
enjoy full civil and political privileges but also all others
who are not its citizens, but because they owe allegiance
to it, are not regarded as aliens.

Meaning of subject and Alien

Citizen

is a member of a democratic community who enjoys full


civil and political rights. In a monarchial state, he is often
called subject.

Alien

is a citizen of a country who is residing in or passing


through another country. He is a popularly called
foreigner.

General Ways of Acquiring Citizenship

INVOLUNTARY METHOD

by birth, because of blood relationship or place of birth;


and

VOLUNTARY METHOD

By naturalization, except in case of collective naturalization


of the inhabitants of territory which takes place when it is
ceded by one state to another as a result of conquest or
treaty.

Citizen by Birth
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.
Jus

soli or Jus loci

place of birth serves as the basis for acquiring to this


rule. A person becomes a citizen of the state where he
is born irrespective of the citizenship of the parents.

Citizens at the Time of the Adoption of the


Constitution

The citizens referred to are those considered


Filipino citizens under the 1973 Constitution
at the same time of the effectively of the new
Constitution on February 2, 1987 by virtue of
Proclamation No. 58 of the President.
A Filipino citizen under the 1973 Constitution
who has lost his citizenship is not a citizen of
the Philippines.

Citizen by Blood Relationship


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

Citizens through election under the


1935 Constitution
Under the 1935 Constitution, a child born of a
Filipino mother, who was to a 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.

Citizens by Naturalization
Section 1, paragraph 4 which declares as citizens of the Philippines those
who are naturalized in accordance with law possesses great significance.
Certain rights and privileges, duties and obligations limited to Filipino
citizens.
there are certain rights and privileges that could be enjoyed only by
Filipino citizens. Thus, under the constitution, only qualified citizens can
exercise the right of suffrage.
Constitution nationalistic in character
The constitution is nationalistic in character.
Care in granting or denying privilege of naturalization essentials.
If the privilege of naturalization would be granted on easy terms to
foreigners not seriously intent on acquiring Filipino citizenship but only
desirous of improving his economic condition, then it is likely that the
nationalistic provisions of the Constitution would be reduced to a barren
form of words.

Citizens by Naturalization
Ideal

policy on naturalization.

the policy on naturalization should be guided


by our own national interest. Perhaps the ideal
is that only those who have come to love the
country, who have integrated themselves into
the citizenry, and who can contribute to the
development of the nation should be conferred
citizenship by naturalization.

Meaning of 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.

Nature of Naturalization
Citizenship

is a matter of grace, favor or


privilege which a sovereign government
may confer on, or withhold from, an
alien or grant to him under such
conditions as it sees fit without the
support of any reason whatsoever.

Ways of a Acquiring Citizenship by


Naturalization
By

Judgment of the court

By

Direct act of Congress

By Administrative

Proceeding

SECTION 2
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.

Kinds of Citizens under the


Constitution

Natural-born citizens.

Citizens at the time of the adoption of the new


constitution.

Citizens through election.

Naturalized citizens.

Section 3

Philippine citizenship may be


lost or reacquired in the
manner provided by law.

Loss of Citizenship
Voluntary
By naturalization in a foreign country;
By express renunciation of citizenship;
By subscribing to an oath of intelligence to support the constitution
and laws of a foreign country; and
By rendering to, or accepting commission on the armed forces of a
foreign country.

Involuntary

By cancellation of his certificate of naturalization by the court; and


By having been declared by competent authority, a deserter in the
Philippine armed forces in the time of war.

Reacquisition of lost Philippine


Citizenship
By

naturalization, provided the applicant


possesses none of the disqualifications provided
in the naturalization law.
By repatriation of deserters of the Philippine
armed forces and women who lost their
citizenship by the reason of marriage to an alien,
after the termination of their marital status; and
By direct act of the Congress of the Philippines.

Section 4
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.

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 Philippine
citizenship even if by the laws of
his/her wifes/husbands country,
he/she acquires his/her nationality.

Section 5
DUAL ALLEGIANCE OF CITIZENS IS
INIMICAL TO THE NATIONAL
INTEREST AND SHALL BE DEALT
WITH BY LAW.

Dual Allegiance of Citizens


Refers

to the continued allegiance of


naturalized nationals to their mother
country even after they have
acquired Filipino citizenship.

Dual Citizenship
Refers

to the possession of two citizenships


by an individual, that of his original
citizenship and that of the country where he
became a naturalized citizen.
The status of dual citizenship may be
regulated or restricted by law where it is
conducive or could lead to dual allegiance.

Retention and Reacquisition of


Citizenship
Filipinos

abroad may now acquire dual


citizenship. R.A. No. 9225, the Citizenship
Retention and Re-acquisition Act of 2003
declares it the policy of the State that all
Philippine citizens who become citizens of
another country shall be deemed not to have
lost their Philippine citizenship under the
conditions of the Act.

Retention of Philippine Citizenship

Any provision of law to the contrary notwithstanding, naturalborn citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a
foreign country.

Derivative citizenship

The unmarried child, whether legitimate, illegitimate or


adopted, below 18 years of age, of those who re-acquire
Philippine citizenship upon affectivity of the Act shall be
deemed citizens of the Philippines.

Civil and Political Rights and Liabilities

Who 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:
Those intending to exercise their right of suffrage must meet the
requirements under Section 1, Article V of the Constitution, R.A.
No. 9189, otherwise known as The Overseas Absentee Voting Act
of 2003 and other existing laws;
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 an oath;
They must renounce their oath of allegiance to the foreign country
where they took that oath;

1.

2.

3.

4.

Those intending to practice their profession in the


Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and
5. The right to vote or be elected or appointed to any public
office in the Philippines cannot be exercised by, or
extended to, those who:
5.1 are candidates for or are occupying any public office in the
country o which they are naturalized citizens; and/or
5.2 are in active service as commissioned or non-commissioned
officers in the armed forces of the country of which they are
naturalized citizens.

Right with Corresponding Obligations


Citizens

should realize that for every


right there must be a corresponding duty.
Rights become fully available for
enjoyment only when all citizens,
without exception, comply loyally with
all their obligations.

Duties and Obligations of Citizens


1. To be Loyal to the Republic
We mean faith and confidence in the republic and love and
devotion to the country.
1.1 Pride in ones country.
1.2 Absolute and permanent allegiance to his government.

2. To Love and Defend the Country


- Men may differ and do differ on religious beliefs and creeds,
government policies, the wisdom and validity of laws, even the
correctness of judicial decisions and decrees.
2.1 Love of country shown not by words but by deeds.
2.2 Readiness to Sacrifice his life in defense of his country

Duties and Obligations of Citizens


3. To contribute to the development and welfare of the

State.
Should be the concern of every citizen for he will be the first to
enjoy the benefits thereof.
3.1 Many ways of contributing to countrys welfare.
3.2 Working together for the common good.

4. To uphold the Constitution and obey the laws.


- The constitution is the expression of the sovereign will of our people.
It is the shrine for all the hopes and visions for our nation. If the
people would disregard them, the government would collapse, and
this would mean lawlessness and the disintegration of the social
order.

Duties and Obligations of Citizens


5. To cooperate with duly constituted authorities.
Community living imposes obligations and responsibilities upon the
individual.
5.1 Active concern with affairs of government.
5.2 Need for civic courage and pride or sense of civic.

6. To exercise rights responsibly and with due regard for

the rights of others.


Society is composed of men, each with interest of his own. The
welfare of every man depends upon the welfare of all.
6.1 Exercise of rights to prejudice others not permissible.
6.2 Rights to liberty not absolute.

Duties and Obligations of Citizens


7. To engage in gainful works.
Employment is not the obligation solely of the State.
7.1 Duty to be a useful and productive member of society.
7.2 Duty to work hard.

8. To register and Vote


Suffrage is both a privilege and a duty which every qualified citizen
must perform. The quality of public officials and the policies if the
administration, indeed the success or failure of the government,
depend, directly or indirectly, upon the voters.
8.1 Duty to vote responsibly
8.2 Duty to guard and protect the integrity of his vote.

Thank You.

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