Citizenship

CITIZENSHIP

“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 mother.”

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 obligation 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 the territory of

the States.

WHAT IS THE DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY

Citizenship is membership in a democratic or political community, whereas nationality is membership in any political community whether monarchial, autocratic or democratic.

Citizen 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 country and a national 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. 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?

1 Involuntary Method

2 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 sovereignty in the absence of treaty stipulation 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 him.

WHAT ARE THE TWO PRINCIPLES

GOVERNING CITIZENSHIP BY BIRTH?

Jus Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of the parents. This prevails in the Philippines.

Jus soli. Citizenship by virtue of the place of birth. A person becomes of the citizen of the state where he is born irrespective of the citizenship of the parent. This principle prevails in the United States.

WHO ARE THE CITIZENS OF THEPHILIPPINES?

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 ARE THE CITIZENS OF THE

PHILIPPINESSection 1 provides that the following are deemed citizens of the Philippines?

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 CONSIDERED AS NATURAL BORN CITIZEN?

Section 2 provides that Natural-born citizens are those who are citizens of the Philippines from the 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 of Article 4 of the Philippine Constitution 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 right 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 by 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 QUALIFICATION 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 qualification:

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 in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residency in the Philippines.

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 children of school age in any of the public school recognizes the government where the Philippine history, government and civics are taught or prescribed as part of the school curriculum during the entire period of the residence required him, prior to hearing of his petition for naturalization as citizen.

The residence requirement of ten years isreduced to five years under any thefollowing instances:

1. The petitioner has honorably held office under the Government of the Philippines or under that of any political subdivisions.

2. If the application has established a new industry or introduced a useful invention in the Philippines.

3. If the petitioner is married to female citizen of the Philippines.4. If the applicant had been a teacher in a public or recognized

private school not established for the exclusive instruction of children of person of a particular nationality or race in the Philippines for two years.

Sec.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 any of the following ways:

1. Voluntary

A. 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 a foreign country.

The voluntary loss or renunciation of one’s nationality is called EXPATRIATION

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.

WHAT ARE THE GROUNDS FOR

REACQUIRING LOST PHILIPPINE

CITIZENSHIP?

1. By naturalization

2. By repatriation

3. By direct act of congress

RETENTION AND ACQUISITION OF

CITIZENSHIPUnder R.A. 9225 otherwise known as

“Citizenship Retention and Reacquisition Act of 2003” which was approved in August 29, 2003, natural born citizens of the Philippine who have lost their Philippine Citizenship by reason of naturalization as citizen of a foreign country are deemed to have reacquired Philippine citizenship upon taking an oath of allegiance to the Philippine Republic.

R.A. 9225 otherwise known as the“Citizenship Retention and Re-acquisitionAct of 2003

“I_______, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the law and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself without mental reservation or purpose of evasion.”

The natural-born citizens of the Philippines who, after the effectivity of the Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.

R.A 9225 otherwise known as the

“Citizenship Retention and Re-acquisition

Act of 2003”

DERIVATIVE CITIZENSHIP

The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who reacquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines.

RETENTION AND ACQUISITION OFCITIZENSHIP CIVIL AND POLITICALRIGHTS 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 attendants liabilities and responsibilities under existing laws of the Philippines and the following conditions:

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.

Those seeking elective public office in the Philippines shall meet 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;

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 assumption of office, They must renounce their oath of allegiance to the foreign country where they took that oath;

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; and

The right to vote or be elected or appoint to any public office in the Philippines cannot be extended to, those who;

a. Are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

b. Are in active service as commissioned or noncommissioned officers in the armed forces of the country of which they are naturalized.

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

Under Section 4, a Filipino citizen who marries an alien does not automatically lose his her citizenship, even if his or her nationality was granted by his or her husband’s or wife country.

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.

Section 5. Dual allegiance of citizens isinimical to the national interest and shallbe dealt with by law.

What is an ALLEGIANCE?Allegiance is loyalty 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 arises because of our laws cannot control laws of other states of citizenship but dual allegiance can be a matter of a personal choice or decision.

WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?

1. To be loyal to the republic. Loyal to implies faith and confidence in the republic and love and devotion to the country.

2. To defend the State .

3. to contribute to the development and welfare of the state.

4. to uphold the constitution and obey the laws.

5. To cooperate with the duly constituted authorities.6. To exercise right responsively with due regards to the rights

of others.

7. To engage in gainful work

8. To register and vote