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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