Politics State (People)

7/24/2019 Politics State (People)

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STATEDefinition and Its Essential Elements


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A community of persons, more ore less numerous,

permanently occupying a portion of the territory,

completely free of external control and possessing

an organized govt. to which a great ody ofinhaitants render haitual oedience. !Ayson "

#eyes$


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State Nation

DI%%E#E&'E (ET)EE& A STATE A&D

&ATI*&

+. A political concept

. It is compose of

people, territory,

govt. and

sovereignty

+. An ethnic concept

. It is compose ofpeople living in an

organized society,

inhaiting a portion of

the earth and ound y acommon culture. &ot

necessarily living under

the same govt. and

sovereignty.


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State Nation

-. A state may

comprise ofseveral nations

-. A nation may

compose ofseveral states


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State Government

DI%%E#E&'E (ET)EE& A STATE A&D

*/T.

+. State could not exist without a

govt

.

+. ovt. can existwithout there

eing a state.


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ESSENTIAL ELEMENTS OF THE STATE

+. 0eople1 inhaitants or population of a state

. Territory1 portion of the earth2s surface inhaited y

the people !De 3eon$4 a geographical area under the

sovereign power of a state. !Dannug$

-. overnment1 agency through which the will of thepeople is carried out !formulated, expressed and

realized$

administration1 people in whose hands the reigns of

the govt. are for the time eing.5. Sovereignty1 supreme power of the state to

command or enforce oedience on its people, to

manage its internal affairs " free from external control.


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'ITI6E& A&D 'ITI6E&S7I0

'ITI6E&S7I01denotes memership of theindividual in the political community, which

implies reciprocally, a duty of allegiance on

the part of the memer and duty of protection

on the part of the state.

!3azarte$

'itizen1one who has the title of citizenship,

en8oys full civil and political rights and

accorded protection y the state inside and

outside of its territory.


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Citizen National

'itizen and &ational Distinguished

All citizens are

nationals*wes allegiance to the

state where he is in

(ut not all nationals

are citizens*wes allegiance to the

state where he is in

without therey

ecoming a citizen

!citizens " non1

citizens ut not

considered aliens$


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9I&DS *% 'ITI6E&S

&atural1orn1 are citizens from irth without

to perform any act to perfect his :her

citizenship. !Art. I/ Sec. $

&aturalized1 are citizens y virtue of

naturalization. !Art. I/ Sec. + !5$ $

&aturalization1is a process y which a

foreigner formally adopts the citizenship ofanother state.


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;*DES *% A'us Soli 0rinciple !y place of irth$1 citizen y place ofirth4 the child ecomes the citizen of the state where

he was orn regardless of the citizenship of his parents.

=SA, all American states, Australia, =9, %rance, &ew

6ealand, ermany


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Exception? children orn of diplomats who are orn incountries where 8us soli is adopted are citizens of the

country to which their parents are citizens.

&ote? the asis of this exception is the principle ofextraterritoriality where foreign diplomats and their

respective families are exempted from the local

8urisdiction of the place where they reside.


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. (y naturalization1individual!court:y act of

the legislature$:group !treaty, 8oint resolution or

statute$ Art. I/ Sec. + !5$

-. (y marriage1 automatic:y naturalization !Art. I/

Sec. 5$


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)ho are citizens of the 0hil.@

Note: Art. I Sec. 1 1987 Phil. Constitution Par 1-4

+.'itizen at the time of the adoption of the+BCconstitution !+C- 'onst.,+- 'onst.,under

the >ones 3aw$

. 'itizen under the >us Sanguinis 0rinciple

-. 'itizen y election

5. &aturalized 'itizen


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Exercises !'ase Situations$

+. ;r. and ;rs. Sixto onzales went to the =S on a

woring visa. After a year of stay, their child A wasorn. ;r. and ;rs. onzales are natural1orn

%ilipino citizens. )hat is the citizenship of A at the

time of irth@

. 'ris was orn in the =S of 'hinese father and a

%ilipino mother. 7is parents never applied for

American citizenship.

-. ;r. >im 'hua, a 'hinese resident of the 0hil. for Byears. At the age of +, he married a %ilipina and

this was efore the +BC const. ratified %e. ,

+BC. (efore the adoption of this const., the

%ilipino woman renounced her citizenship to


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%ollow her husand2s citizenship. A year after the

ratification of the +BC const., a child was orn to the

couple. )hat is the citizenship of the child at irth@5. A child was orn in the 0hil. efore >an. +C, +C- of

an American father and a %ilipino mother. )hat is the

citizenship of the child@

. A child was orn on >an. +C, +C- of a %ilipino

mother and a erman father in the 0hil.. )hat is the

child2s citizenship@

F. A child was orn efore >an. +C, +C- of a %ilipinofather and an American mother in the 0hil.. )hat is

the child2s citizenship@


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Example? %0>, a presidential candidate in GG5

elections was orn efore >an. +C, +C- out of

wedloc to American (essie 9elly and Allan %ernando0oe Sr., a %ilipino citizen. Atty. %ornier filed a petition

to disHualify %0> for not eing a %ilipino citizen.

%ornier argued that since %0> is an illegitimate child,

he must follow the citizenship of his American mother.)hat is %0>2s citizenship@

C. A child was orn efore >an. +C, +C- of a %ilipino

mother and an American father in the 0hil.. )hat is

the child2s citizenship@


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;odes of 3oosing 'itizenship

!Art. I/ Sec. -$

+. &aturalization in a foreign country

. Express renunciation of citizenship

-. Suscriing to an oath of allegiance to a foreign

country

5. #endering services to the armed forces of another

country

. (y eing a deserter of the A%0F. 'ancellation of certificate of naturalization

Note: Expatriation-when one i!es up or looses his

citi"enship


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'an a lost citizenship e reacHuired@

)ays of reacHuiring citizenship?+. &aturalization

. #epatriation1 reacHuisition of citizenship y taing

the oath of allegiance

-. (y direct grant of law:legislation1#A

Jnatural1orn citizens, who have lost their

citizenship y naturalization in a foreign country,

are deemed to have reacHuired 0hil. citizenshipupon taing the oath of allegiance to the #epulic of

the 0hil.K


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Duties of 'itizens

To e loyal to the #epulic and honor its flag

Defend the state and contriute to its welfare

=phold the constitution and oey the laws

'ooperate with the duly constituted authorities in

the preservation of peace and order

To engage in gainful wor and pay taxes

To vote


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Dual 'itizenshipArt. I/ Sec.

In the 0hil., dual citizenship may apply to?

a. those orn of %ilipino fathers and:or mothers in

countries adopting the 8us soli principle.

. those orn in the 0hil. of %ilipino mothers and alien

fathers if y laws of their father2s country such are

children of that country.

c. those who marry aliens who y the laws of their

husand2s country they are considered citizens, unl4ess

y their act or omission they are deemed to have

renounced their 0hil. citizenship.


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#eferences

Ayson, %lorentino . " #eyes, Dolores, %=&DA;E&TA3S

*% 0*3ITI'A3 S'IE&'E nded., &ational (oostore GGG

Dannug, #oman #. " 'ampanilla, ;ario (.,

0*3ITI'S,*/E#&A&'E A&D */E#&;E&T with

07I3I00I&E '*&STIT=TI*& nded.,' " E 0ulishing Inc.,

GG5

6ulueta, %rancisco ;., %=&DA;E&TA3S " DL&A;I'S *%

0*3ITI'A3 S'IE&'E, Academic 0ulishing 'orporation,

+B

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