Citizenship

Article IV
“Philippine citizenship is a gift that
must be deserved to be retained.
The Philippines, for all her modest
resources compared to those of
other states is a jealous and
possessive mother demanding total
love and loyalty from her children”.
- Justice Isagani Cruz-
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?
• Citizenship is membership in a democratic or political
community, whereas nationality is membership in any political
community whether monarchial, autocratic or democratic;
• Citizenship follows the exercise of civil and political rights
whereas nationality does not necessarily carry with it the exercise
of political rights;
• A person can be a citizen of one 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 od a given state, regardless of the
status under domestic law.
• Nationality is often times use synonymously with Citizenship. They
are not exactly the same thing for the first has a broader
meaning that the second. 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 is a subject?
• Usually implies membership in a monarchial society. A subject
does not enjoy civil and political rights.
What is an Alien?
• An alien is a citizen of a country who is residing in or passing
through another country. He is particularly called “foreigner”. He
is not given the full rights of citizenship but is entitled to receive
protection as to his person and property.
What are the General Ways of
Acquiring Citizenship?
• Involuntary Method
• Voluntary Method
Involuntary ways of acquiring
Citizenship
By Birth
• Through the change of sovereignty which result in the acquisition
by each individual of the ceded or acquired territory of the
citizenship under the new sovereign in the absence of treaty
stipulations to the contrary.
• Through direct legislative grant.
Voluntary ways of acquiring
Citizenship
• Through marriage which result in the acquisition by the wife of
the citizenship of the husband in case of difference in citizenship
of the parties, except where the wife is barred from acquiring the
citizenship of the husband by the law of the nation of the latter.
• Through the election which is the acquisition of citizenship after
reaching the age of majority’
• Naturalization of the head of the family which result in the
naturalization of the wife and the minor children living with tem
Who are the Citizens of the
Philippines?
• Section 1. The following are 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.
What are the different kinds of
Citizens under the Constitution?
• Natural-born citizens
• Citizens at the time of th4e 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 considered as natural born
citizens?
• 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 (3), Section
1 hereof shall be deemed natural-born citizens.
What is Naturalization?
• Naturalization is the legal act of adopting a foreigner into the
political body of the state and clothing him with the rights and
privileges of a citizen. It implies the renunciation of a former
nationality and the fact of entrance to a similar relation towards
a new body politic
• A person may be naturalized either complying with both the
substantive and procedural requirements of a general
naturalization law or he may be naturalized by a special act of
the legislature.
What are the qualifications for
Naturalization?
• Under the Naturalization Law, and as provided in Section 2, C.A
No. 573 as amended, the petitioner for naturalization is required
to possess the following qualifications:
1. The petitioner must not be less than 21 years old on the date of
the hearing of the petition
2. The petitioner must have resided in the Philippines for ten years,
which should be continuous.
3. He must be of good moral character, and believes n the
principles underlying the Philippine Constitution, and must have
conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines.
Cont…
4. the petitioner must own real estate in the Philippines worth not
less than P5,000 in the Philippine currency, or must have some
lucrative trade, profession, or lawful occupation.
5. The petitioner must be able to speak and write English or Spanish
and any one of the principal Philippine languages
6. The Petitioner must have enrolled his enrolled his children of
school age in any of the public schools recognized by the
government and civics are taught or prescribed as part of the
school curriculum during the entire period of the hearing of his
petition for naturalization as citizen.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law
• How Filipino Citizenship may be Lost?
Filipino citizen may lose his citizenship in any of the ff:
1. Voluntary
a. By naturalization in a foreign country
b. By express renunciation of citizenship (expatriation)
c. By subscribing to an oath of allegiance to support the constitution
and law of foreign country
d. By rendering service to or accepting commission in the armed forces
of the foreign country
- The voluntary loss or renunciation of one’s nationality is called
EXPATRIATION
Cont..
2. Involuntary
a. By cancellation of his certificate of naturalization by the court
b. By having been declared by competent authority a deserter of
the Philippine armed forces in times of war.
Grounds for reacquiring lost
Philippine Citizenship
• By naturalization
• By repatriation
• By direct act of Congress
Retention and Acquisition of
Citizenship
• Republic Act No. 9225 otherwise known as the Citizenship
Retention and Reacquisition Act of 2003 declares that natural-
born citizens of the Philippines who become citizens of another
country shall be deemed not to have lost their Philippine
citizenship
R.A 9225 otherwise known as the “Citizenship
Retention and Reacquisition Act of 2003”

• Derivative Citizenship
The unmarried child, whether legitimate, illegitimate or
adopted, below 18 years of age, of those reacquire Philippine
citizenship upon effectivity of the Act shall be deemed citizens of
the Philippines.
Retention and Acquisition of
Citizenship
• Civil and Political Rights and Liabilities
Those who shall 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:
1. Those intending to exercise their right of suffrage must meet the
requirement under Section 1, Article V of the Philippine
Constitution, RA 9189 otherwise known as “The Overseas
Absentee Voting Act 2003 and other existing laws.
Cont..
2. Those seeking elective public office in the Philippines shall meet the
qualification for holding such public office as required by the Constitution
and existing laws and, 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
oath;
3. Those appointed to any public office shall subscribe and swear to an
oath of allegiance to the Republic of the Philippines and its duly
constituted authorities prior to their oath of allegiance to the foreign
country where they took that oath;
4. Those intending to practice their profession in the Philippines shall
apply with the proper authority for a license or permit to engaged in
such practice
Cont…
5. The right to vote or to be elected or appointed to any public
office in the Philippines cannot be extended to, those who:
• Are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
• Are in active service as
commissioned or
noncommissioned officers in the armed forces of the
country of which they are naturalized
Section 5: dual allegiance of citizens is
inimical to the national interest and shall be
dealt with by law
What is allegiance?
Allegiance is loyalty owed by owed by a person to his
state.
Section 5 prohibits more particularly naturalized Filipinos from
practicing what is called “dual allegiance” declaring it inimical to
national interests.
Note that what Section 5 prohibits is not dual citizenship but dual
allegiance of citizens. Dual citizenship of other states on citizenship
but dual allegiance can be a matter of personal choice or
decision.
Duties and Obligations 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
Determine the citizenship of the
child with the following conditions:
• The father and mother are Filipino citizens
• The father is a former American citizen and was naturalized as
Filipino and mother is American citizen
• The father was born in the Philippines on December 25, 19870
whose father is a US navy and a Filipina mother; failed to elect his
citizenship
• The child was born in the Philippines whose
 Article V
SUFFRAGE
Section 1. Suffrage may be exercised by
all citizens of the Philippines not
otherwise disqualified by law, who are
at least eighteen years of age, and who
shall have resided in the Philippines for
at least one year and in the place
wherein they propose to vote for at
least six months immediately preceding
the election. No literacy, property, or
other substantive requirement shall be
imposed on the exercise of suffrage.
Meaning of Suffrage

• It is a 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 submitted to the
people.
• It is not all absolute needless to say that it is an
enjoyment of all other rights.
Nature of the Right of Suffrage
1. A Mere Privilege- suffrage is not a natural right of the citizens by
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 the welfare of
society.
2. A Political Right- in the sense of a 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 the powers from the consent of the
governed.
Qualifications of Voters
A person is qualified to vote if he is:
1. A citizens (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age; and
4. He resided in the Philippines for at least one (1) year and in the
place wherein he process to vote for at least six (6) months
preceding the election.
Residence Qualification
• A voter must have been a permanent resident of the Philippines
for at least one (1) preceding the election.
• 6 months residence in a province, city or municipality is
considered the minimum length of time within which a person
can adequately familiarize himself with the needs and conditions
and the personalities of the locality.
What is an election?
• It is the selection of candidates to public office by popular vote.

Types of Election
1. Regular- refers to an election participated by those who
possess the right of suffrage not disqualified by law and who are
registered voters.
2. Special- one held to fill in the vacancy in office before the
expiration of the term for which incumbent was elected.
Persons Disqualified to Vote
• A person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not having
removed by plenary pardon or granted amnesty. But such person shall
automatically reacquire the right to vote upon expiration of 5 years
after service of sentence.

• Any person who has been adjudged by final judgment by competent

court or tribunal of having committed any crime involving disloyalty to
duly constituted government such as rebellion, sedition, violation of the
anti-subversion and fire-arms laws or any crime against national
security unless restores to his full civil and political rights in accordance
with law. Such person shall likewise automatically regain to his to vote
upon expiration of five (5Y years after service of sentence.

• In insane or incompetent persons as declared by competent authority.

Scope of Suffrage
1. Election- it is the means by which the people choose officials for
definite and fixed periods and to whom they entrust, for the time
being as their representatives, the exercise the powers of
government.
2. Plebiscite- it is the name to vote of the people expressing their choice
for or against a proposed law or enactment submitted to them. The
term also applied to an election at which any proposed amendment
to, or revision of, the Constitution is submitted to the people for their
ratification. A plebiscite is also required by the Constitution to secure
the approval of the people directly affected before certain proposed
changes affecting local government units may be implemented.
- comes from the Latin word “plebiscite which originally meant a
decree of the Concilium Plebis (Plebian Council)
Cont..

3. Referendum- it is the submission of the law or part

thereof passed by the national or local legislative body
to the voting citizens of a country for their ratification or
rejection.
- comes from the Latin verb “ refero”, means
“bringing back”.
Cont…

4. Initiative- it is the process whereby the people directly

propose and enact laws.

5. 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 a petition signed by a required
percentage of the qualified voters.
Section 2. The Congress shall provide a
system for securing the secrecy and sanctity
of the ballot as well as a system for
absentee voting by qualified Filipinos
abroad.

The Congress shall also design a procedure

for the disabled and the illiterates to vote
without the assistance of other persons. Until
then, they shall be allowed to vote under
existing laws and such rules as the
Commission on Elections may promulgate to
protect the secrecy of the ballot.
Republic Act 8189 “Voters
Registration Act of 1996”

• A citizen in order to be qualified to exercise his

right to vote, in addition to the minimum
requirements set by fundamental charter is
obliged by law to register.
Case Analysis:
Q: A while of legal age and of sound is
illiterate. He has asked your advice on how
he can vote in the coming election for his
brother who is running for mayor. This will be
the first time “A” will vote and he has never
registered as a voter before. What advice
will you give him on the procedure he needs
to follow in order to be able to vote?
Answer:
The Constitution provides that until Congress shall have
provided otherwise, illiterate and disabled voters shall be
allowed to vote under existing laws and regulations
Article 5 Sec.2. It is necessary for any qualified voter to
register in order to vote. In the case of illiterate and
disabled voters, their voters affidavit may be prepared by
any relative within 4th civil degree of consanguinity or
affinity or any board of election inspectors who shall
prepare the affidavit in accordance with the data
supplied by the applicant.
END
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