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CITIZENSHIP

Citizenship is a term denoting membership ofa citizen in a political society, whichmembership implies, reciprocally, a duty ofallegiance 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 the member of a democratic

community who enjoy full civil and politicalrights, and is accorded protection inside andoutside the territory of the State.


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Distinguished From Nationality And

Nations. From the point of view of international law,

Citizenship and citizen do not exactly mean thesame as Nationality and national.

The national of a State include not only its citizenswho enjoy full civil and political privileges but alsoall others who are not its citizens, but because theyowe allegiance to it, are not regarded as aliens,

While all citizen are nationals of a State, not allnationals are citizens of a state.


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Meaning of subject and alien.

ACitizen is a member of a democratic communitywho enjoys full civil and political rights. InMonarchial State, He is often called Subject.

An alien is a citizen of a country who is residing inor passing through another country. he is apopularly called foreigner.He is not given the full

rights to citizenship but is entitled to receivedprotection as to his person or property.


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General ways of Acquiring Citizenship.

They are :Involuntary method.

by birth, because of blood relationship or place ofbirth.

Voluntary Method. by naturalization, except incase of collective

naturalization of the inhabitants of a territorywhich takes place when it is ceded by one state to

another as a result of a conquest or treaty.These two modes of acquiring citizenships

correspond to the two kinds of Citizen,

Natural-Born andNaturalized citizens.


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Citizens by birth:

There are two principles or rules that govern citizenshipby birth namely:

Jus Sanguinis- blood relationship is the basis for theacquisition of citizenship under this rule. Thechildren follow the citizenship of the parents or oneof them.

Jus Solior Jusloci- place birth serves as the basis foracquiring citizenship under this rule. A personbecomes a citizen of the state where he is bornirrespective of the parents. This principle prevails inthe United State.


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Citizenship at the time of the adoption ofthe Constitution.The citizens referred to are those considered Filipino

citizens under the 1973 Constitution at the time ofthe affectivity of the new Constitution on February 2,

1987 by virtue of proclamation No. 58 of thepresident.

The purpose of section 1 is to protect the status ofthose who were already citizens at the time the new

Constitution took effect.A Filipino citizen under the 1973 Constitution who has

lost his citizenship at the time of the time of theratification of the new Constitution is not a citizen of

the Philippines.


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Citizenship by Blood Relationship.

The Philippines, in accordance with section 1,paragraph 2, follows the principle of the

jus sanguinis. In the determination of the citizenship

of the child, Filipino mothers are placed by theConstitution on equal footing with their husbands.This dignifies the Filipino woman. The Father orMother may be a natural-born Filipino or a Filipinoby naturalization or by election.

If the child is born in a state where the rule ofjus soliobtains, or the childs father or mother is an alien, itwould be a case of a dual citizenship.


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Citizen Through Election Under the 1935Constitution.

Under the 1935 Constitution, a child born of theFilipino mother, who was married to aforeigner, isborn an alien and remains an alien during hisminority until he elects Philippines citizenship.

The rule then, as it is now, is that a Filipina does notlose her citizenship by her marriage to an alien.However, it was not clear whether those who hadelected citizenship under the 1935 Constitution are tobe considered as natural-born Filipino citizens.


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Citizen by naturalization.

1. Certain rights and privileges, duties and obligationslimited to Filipino citizens.

under our constitution and our laws there are certainrights and privileges that could be enjoy only byFilipino citizens.

under the constitution, only qualified citizens can

exercise the right of suffrage.


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Note:No person may be elected as President or Vice

President or member of Congress, or appointedmember of the supreme Court or any lower collegiatecourt, or member of any of the ConstitutionalCommissions, or of the Central Monetary Authority,Ombudsman or his Deputy

unless he is a natural-born citizen

of Philippines.


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2. Constitution nationalistic in character.3. Care in granting or denying privilege of naturalization

essential.

if the privilege of naturalization would be granted oneasy terms to foreigner not seriously intent onacquiring Filipino citizenship but not only desirous ofimproving his economic condition, then it is likely thatthe nationalistic provisions of the Constitution would

be reduced to a barren form or words.


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4. Ideals 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 intothe citizenry and who can contribute to the develop ofthe nation should be conferred citizenship bynaturalization.


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Meaning of naturalization

Naturalization is the act of formally adopting aforeigner into the political body of the state andclothing him with the rights and privilege ofcitizenship.

It implies the renunciation of a former nationality andthe fact of entrance to a similar relation towards anew body politic.


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Nature of naturalization.

An alien does not have a natural, inherent or vested fight tobe admitted to citizenship in a state. Citizenship is amatter of grace, favor or privilege which a sovereigngovernment may confer on, or withhold from , an alien

or grant to him under such conditions as it sees fitwithout the support of any reason whatsoever.Citizenship in our Republic, be it ever Most powerfulnation f the world, can take such Citizenship for granted

or assume it as a matter of Right.In view of the above principles , the rule is that in case of

doubt concerning the grant of citizenship, such doubt beresolved in favor of the state and against the applicant for

naturalization.


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Ways of acquiring by naturalization.

A person may be naturalized in three ways:

1.By judgment of the court.

the foreigner who wants to become a Filipino citizenmust apply for naturalizationwith the properRegional trail court .the revise naturalization act isthe present naturalization law. such law shall also

continue in force pursuant to the transitoryprovision of the Constitution (Art. XVIII, Sec.3.);


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2.By direct act of congress

in this case our law-making body simply enacts anact directly conferring citizenship or a foreigner.

3.By administrative proceeding

Under R.A. No.9139 (Jan, 8, 2001), Known as the

administrative naturalization law of 2000,aliensborn and residing in the Philippines may be grantedPhilippine citizenship by administrative proceedingsbefore a special committee on naturalization. The

petition for citizenship shall be filled with thecommittee which has the power to approve, deny orreject application as provided in the law.


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Kinds of citizens under the constitution.They are:

1.Natural-born citizens.

they refer to those:

a. Who at the moment of their birth are already

citizens of the Philippines, andb. Do not have perform any act to acquire His

Philippine Citizenship. So a child born of FilipinoParents, or a Filipino Father, or a Filipino Mother

after the Ratification of the 1973 constitution onJanuary 17, 1973, is natural-born Citizen .It wouldseemed that a natural born citizen who hast losthis citizenship but subsequently reacquired it is

not a natural born citizen in view of letter.


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2. Citizens at the time of adoption of the newConstitution.

they refer to those who are considered citizens of thePhilippines under the 1973 Constitution at the time of theadoption of the new Constitution.

3. Citizens through election.

they refer to those born of Filipino mothers beforeJanuary 17, 9173 who upon reaching the age of majorityelect Philippines citizenship after the ratification of the1973 constitution (Even prior to the affectivity of the new

constitution on Feb. 2, 9187) pursuant to the provisionsof the 1935 Constitution. They are placed on the level asthose born of Filipino mothers on or after January 179173.


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4.Naturalized citizens

they refer to those who were originally citizens ofanother country, but who, by an intervening act (i,e.,naturalization), have acquired new citizenship in adifferent country.


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Loss of citizenship.A Filipino citizen may lose his citizenship in any of thefollowing ways:

1. Voluntarily.

they are:

a. by naturalization in foreign country (see R.A. No.9225infra.)

b. by express renunciation of citizenship;

c. by subscribing to an oath of allegiance to support the

constitution and laws of a foreign country;d. by rendering service to, or accepting commission in

the armed forces of a foreign country ( except undercertain circumstances).


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2. Involuntary

they area. by cancellation of his certificate of naturalization by

the court: and

b. by having been declared by competent authority, adisaster in the Philippine armed force in the time ofwar.

The voluntary lost or renunciation of ones nationalityis called expatriation. In time of war, however, aFilipino citizen cannot expatriate himself.


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Reacquisition of lost Philippine

citizenship.Citizenship may be reacquired:1.by naturalization provide the applicant possesses none of

the disqualifications provided in the naturalization law.

2.by repatriation of deserters of the Philippines armedforces and women who lost their citizenship by reason ofmarriage to an alien, after the termination of theirmarital status: and

3.by direct act of the congress of the Philippines.

Repatriationis affected by merely taking thenecessary oath of allegiance to the Republic of thePhilippines and registering the same in the proper civilregistry.


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Effect of marriage of citizens to analien.

Under the section 4, a citizen of the Philippines whomarries an aliens does not lost his/her Philippinecitizenship even if by the law s of his/her wifes/husbands country, he/she acquires her/his nationality.

The exception is where by their act or omission they aredeemed under the law, to have renounced theircitizenship, such as (under an existing law) subscribing

to an oath of allegiance to support the constitution andthe laws of a foreign country. A Filipino Woman, whoupon marriage to an alien acquires his citizenship, willpossesses two citizenships Philippine citizenship and that

of her husband.


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Dual allegiance of citizens.

Section 5 prohibits more particularly naturalizedFilipinos from practicing what is called dual allegiancewhich refers to the continued allegiance of naturalized

national to their country even after they have acquiredFilipino citizenship. It is declared inimical to nationalinterest. And congress is required that it be dealt with bylaw.

Dual citizenship, on the other hand, refer to the possessionof two citizenships by an individual, that of his originalcitizenship and that of the country where he became anaturalized citizen.


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Note: That the Section 5 prohibits is not dual citizenship

but dual allegiance of citizenship arises because ourlaws cannot control laws of other countries on

citizenship.

While it is not per se objectionable, the status of dualcitizenship may be regulated or restricted by lawwhere it is conductive or could lead to dualallegiance.


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Retention and reacquisition of

citizenship.Filipinos aboard may now acquire dual citizenship.

R.A. No. 9225, the Citizenship Retention and Re-acquisition Act of 2003 (approved August 29,

2003), declares it the policy of the State that allPhilippines citizens who become citizens of anothercountry shall be deemed not to have lost theirPhilippines citizenship under the conditions of the

Act.


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1. Retention of Philippines citizenship. any provision of law to the contrary notwithstanding,

natural-born citizens of the Philippines who have losttheir Philippines citizenship by reason of their

naturalization as citizens of a foreign country aredeemed to have re-acquired Philippine citizenship upontaking the following oath of allegiance to the Republic:

2. Derivative citizenship.

The unmarried child, whether legitimate, illegitimate oradopted, below 18 of age, of those who re-acquired

Philippines citizenship upon affectivity of the Act shall bedeemed citizens of the Philippines.

Retention and reacquisition ofcitizenship


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3. Civil and political rights and liabilities.

those who retain or re-acquire Philippines

citizenship under the Act shall enjoy full civil andpolitical rights and be subject to all attendantliabilities and responsibilities under existing lawsof the Philippines and the following conditions:


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Rights with corresponding obligations.

Citizens should realize that for every right (see Art. II.) Theremust be a corresponding duty. If the people are aware notonly of their rights but also of their obligations, there will

be less misunderstanding and less conflict in society.

One of the reasons for the turmoil and ferment in many

countries is the attitude of demanding ones rights underthe law and yet being forgetful of ones duties as a citizens.

Rights become fully available for enjoyment only when all thecitizens, without exception, comply loyally with all their

obligations. The rights to life, liberty, and property, forinstance, are but partially available foe enjoyment so longas there are members of the political community who aredeficient in that necessary compliance.


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Duties and obligations of citizens.

1. To be loyal to the republic.

by loyalty, we mean faith and confidence in the republic andlove and devotion to the country. The citizen must be proudof his country, its customs, traditions, language, andinstitutions. He must share in its glories and feel sad in itsmisfortunes. It is the home of our people, the seat of our

affections and the source of our happiness and well-being.2. To defend the state.

Men may differ and do differ on religious beliefs and creeds,government policies, the wisdom and validity of laws, even the

correctness or judicial decisions and decrees, but in field oflove of country, national unity, and patriotism, they can hardlyafford to differ for these are matters in which they are mutuallyand vitally interested, for to them they mean national existenceor survival as a nation or national extinction.


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3. To contribute to the development and welfare of thestate.

the development and welfare of the state should be theconcern of every citizen for he will be the first to enjoy thebenefits thereof. Anything that affects him, individually andpersonally. He is affected by its ills and disorder, growth andstability.

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 ournation. Laws are enacted in accordance with it for the good ofall. It is therefore the duty of every citizen to defend and

respect the constitution and obey the laws. If the people woulddisregard them, the government would collapse, and thiswould mean lawlessness and the disintegration of the socialorder. The constitution contains provisions designed to insurethat is the accorded the due respect that is deserve.


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5. To cooperate with duly constituted authorities.

community living imposes obligation and responsibilities uponthe individual. The larger interest of the group and the nationthat he must serve necessarily involve his own. And he wouldbe recreant to the claims of that interest if he did not activelyconcern himself with the affairs of his government. It is notenough for example that a citizen should take care that in his

daily life he does not violate any of the multitudinous rules.Regulations and ordinance of the states. He must also to it thatthe laws are observe by the whole community. That the officersof the laws attends to their enforcement and properly performtheir duties supine and passive inaction is worse than actual

and flagrant infringement of the laws of the land. In the lettercase, the laws itself provides a remedy and administer acorrective measure to the erring individual.


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6. To exercise rights responsibly and with due regard for therights of others.

society is composed of men, each with interest of his own. In thecourse of life, the interest of man conflict with those of many others.Amidst the continuous clash on interest, the ruling social philosophyshould be that, in the ultimate social order, the welfare of every mandepends upon the welfare of all.

7. To engagein gainful work.

Employment is not the obligation solely of the state. Every citizenshould consider it his own responsibility and should strive to becomea useful an productive member of society to assure not only himselfbut, perhaps, more important, his family a life worthy of humandignity.

8. To register and vote.

suffrage is both a privilege and a duty which every qualified citizenmust perform. Ts is through suffrage that the will of the people isexpressed. The quality of public official of the government, depend,direct or indirectly, upon the voters.


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Suffrage is the right and obligation to vote

qualified citizens in the election of certain

national and local officers of the government andin the decision of public questions submitted tothe people.


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Nature of suffrage

A mere privilege

A political right

Plebiscite

Referendum

Initiative

Recall


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1. A mere privilege.

suffrage is not a natural right of the citizens but merely aprivilege to given or withheld by the lawmaking powersubject to constitutional limitations. Suffrage should begranted to individuals only upon the fulfillment of

certain minimum conditions deemed essential for thewelfare of society.

2. A political right.

in the sense of a right conferred by the constitution,

suffrage is classified as a political right, enabling everycitizen to participate in the process of government toassure that it derives its powers from the consent of thegoverned (see Art. II sec.1) the principle is that of oneman, one vote.(supra) entrust, for the time as their

representatives, the exercise of powers of government;

Nature of suffrage


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3. Plebiscite.-it is the name given to a vote of the peopleexpressing their choice for or against a propose law or

enactment submitted to them. In the Philippines, theterm is applied to an election at which any proposedamendment to, or revision of, the constitution issubmitted to the people for their ratification.(Art. XVIIsec.2.) Plebiscite is likewise required by the constitutionto secure the approval of the people directly affectedbefore certain propose change affecting local governmentunits may be implement (Art. X, Sec. 10, 11, 18.);

4. Referendum.-It is the submission of a law or part

thereof passed by the nation or local legislative body tothe voting citizens of a country for their ratification orrejection (art. VI, Sec. 32)


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5. Initiative-It is the process whereby the people

directly propose and enact laws. Congress ismandated by the Constitution to provide as early aspossible foe a system of initiative and referendum.(Ibid.) Amendments to the constitution may likewise

by directly propose by the people through initiative(Art. XVII, Sec.2.); and

6. Recall-it is tenure method by which a public officermay be removed from officer may be removed fromoffice during his tenure of before the expiration of histerm be a vote of the people after registration of apetition signed be a required percent-age of thequalified voters.(Art. X, sec.3.)


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Qualifications of voters.He must be:

1. A citizen (male of female) of the Philippines;

2. Not otherwise disqualified by law;3. At least eighteen (18) years of age; and

4. Have resided to voter for at least six (6) monthspreceding the election.


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Age qualification.

There must be some minimum age for voting. No one, nomatter how ardent his belief in democracy, has evercontended that human being must be permitted toparticipate in the section of public officials from the day oftheir birth. The suffrage qualification is based on the

assumption that under a certain age, human beings do nothave the maturity, experience, education, and sense of

judgment that will enable them to vote with any reasonabledegree of intelligence.

No general agreement exists as to the exact age which the

individual supposedly attains the maturity sufficient forpolitical participation. While there minimum voting age inevery State, no country, however, has as yet seen fit to set aminimum age limit.


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Residence qualification.

A voter must have been a permanent resident of thePhilippines for at list one (1) year preceding the election.

Six (6) months residence in a province, city ormunicipality is considered the minimum length of time

within which a person can adequately familiarize himselfwith the needs and conditions and the personalities oflocality. Giving him a right to vote before period, it iscontended, will return in unpurposive and mechanicalvoting.

The requirement as to residence is desirable in order thatregistration list may be prepared and check in ample timeto prevent fraud.


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Persons disqualified to vote.The responsibilities of determining who may be disqualified by law and,

therefore, may be precluded for exercising the right suffrage, is left by the

constitution to congress. As to who are disqualified to vote, the law

enumerates them as follow:

1. Any person who has been sentenced by finaljudgment to suffer imprisonment for not lessthan one (1) year, such disability not having been

removed by plenary pardon or granted amnesty.But such person shall automatically reacquire theright to vote upon expiration of five (5) yearsafter service of sentence;


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2. Any person who has been adjudged by finaljudgment by competent court or tribunal of having

committed any crime involving disloyalty to the dutyconstituted government such as rebellion, sedition,violation of the anti-subversion and firearms laws, orany crime against national security, unless restoredto his full civil and political rights in accordance with

laws. Such person shall likewise automatically regainhis right to vote upon expiration of five (5) years ofsentence; and

3. Insane or incompetent persons as declared bycompetent authority. The above persons are notqualified to vote even if they have the necessaryqualification.


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Arguments justifying removal of literacy requirement.

The 1973 Constitution removed the requirement under the 1935Constitution on ability to read and write such that then as nowan illiterate person has the right to vote. The illiterate voter is

not necessarily an ignorant voter.

The arguments for its removal have been summarized as follows:

This requirement that a voter must know how to read and write


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Property requirement prohibited1. Property ownership not a test of an individuals capacity.

the justification for the abolition of property qualification is theassumption that ownership of property,per se, neither adds to nordetracts from a mans capacity to function properly and fully as asocial and political being . Today, the argument that only propertyholders have a stake in the community is considered obsolete. Itis the human person, not property that is to be represented, and

given primacy in the hierarchy of values.

2. Property requirement inconsistent with concept ofrepublican government.

the imposition of property qualification on the voters would beInconsistent with the very nature and essence of our republicansystem of government ordained in our Constitution, for said politicalsystem is premised upon the tenet that sovereignty resides in thepeople and all government authority emanates from them (Art. II,sec. 1.), and this in turn, implies necessary that the right to vote andto be voted shall not be dependent upon the wealth of the individual

concerned.


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3. Property requirement inconsistent with social

justice principle. social justice presupposes equal opportunity for all, rich

and poor alike.(Art. XIII, Sec.1.). Accordingly, no personshall, by reason of poverty, be denied the chance to voteand to be elected to public office. In a case, the supreme

court declared as unconstitutional a law requiring allcandidates for public officers to post a surely bondequivalent to the one (1) year salary or emoluments of theposition for which they are candidates which shall beforfeited if the candidates, except when declared winner,fail to obtain at least 10% of the votes cast for the office towhich they have filed their certificates of candidacy. Thislaw, according to the supreme court, in effect, impost aproperty qualification.


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Other substantive requirementsprohibited.

1. Education.

as a general principle, the more education a manhas, the better and more valuable member ofsociety he will be. Yet it is quite possible for peopleto become an important asset to government andthe social body with little or no formal schooling.Formal education itself is no guarantee of goodcitizenship or of intelligent voting. Furthermore,

the requirement of a high school or even anelementary education would disenfranchise largesegments of poorer classes of our population.


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2. Sex.

the antagonism in the past of female suffragestemmed in some degree from the belief that awomans place was in the home and that theperformance of public duties was the function of themale members of the family. In other cases, theopposition was based on political expediency ratherthan on principle. At the present time, unless one iswilling to contend that women, simply by virtue oftheir womanhood, are incapable of free and

intelligent social and political activity, there wouldseem to be no adequate or justifiable basis fordepriving them of equal voting rights with men.


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3. Taxpaying ability.

this restriction is related to property requirement forvoting. Congress cannot by law deny to an individual

the right to vote on the ground that he is exemptedfrom taxation or is not liable to pay tax or the taxespaid by him or for which he is liable during the yearare below a specified amount.


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Compulsory suffrage

The 1973 Constitution made registering and voting amandatory obligation of every qualified citizen.Noteworthy is the fact that Section 1 uses the wordmay as in the 1935 Constitution in place of the

word shall in the 1973 Constitution. In view of thepermissive language of the Constitution, it isdoubtful whether the failure to perform theobligation to register and vote can be criminallypunished.


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1.Arguments against compulsory suffrage.-those who areagainst any system ofcoercivevoting say that it is not only

undemocratic but that no useful purpose would be served bydragging the people to the polls against their will. Theymaintain that it is not the size but the quality for the vote castthat is important, and that individual forced to exercisesuffrage might do real injury to the public good by voting

blindly and unintelligently.2.Arguments in favor of compulsory suffrage.-the

proponents of compulsory suffrage , on the other hand,content that a requirement that would force an apatheticindividual to the polls would make him aware of the

responsibility that rests on him and would encourage him to become acquainted with the issues and personalities involved inthe election. Once interest is awakened by actual participation,the matter coercion , they feel, would become a secondarymotive.


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System for securing the secrecy andsanctity of the ballot.

The right to vote has reference to a constitutionalguarantee of the utmost significance. It is a rightwithout which principle of sovereignty residing in the

people (Art. II Sec., 1.) Becomes nugatory. It isessential then to insure that the voters shall exercisetheir right freely , uninfluenced by threats,intimidation or corrupt motive and to secure a fair

and honest count of the ballots. To accomplish thisaim, Congress directed by the Constitution toprovide a system for securing secrecy and sanctity ofthe ballot.


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With the enfranchisement of the illiterates and theexistence of many disabled voters, this responsibilityof the legislative body assumes more importance.The sanctity of the electoral process requires secrecyof the vote. Congress will have to enact a lawprescribing procedures that will enable the disableand the illiterates to secretly case their ballotswithout requiring the assistance of other person, toprevent them from being manipulated byunscrupulous politicians to insure their victory at thepolls. Perhaps, a method of voting by symbols maybedevised to make it possible for disabled and alliteratecitizens to exercise the right of suffrage.

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