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Chapter 6 Citizenship

This document discusses citizenship and the different modes of acquiring and losing citizenship. It defines citizenship as membership in a political community that allows one to participate in political activities. There are different classes of citizens such as those who were citizens at the time the 1987 Constitution was adopted and those who acquire citizenship by birth, naturalization, or election. Citizenship can be lost through naturalization in another country, renunciation, military service for another nation, desertion, or other means. The roles of government are to promote general and individual welfare through protecting various civil and political rights, while the roles of citizens include loyalty, defense of the state, participation in its development, upholding laws, and voting.

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Patricia De guzman
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128 views4 pages

Chapter 6 Citizenship

This document discusses citizenship and the different modes of acquiring and losing citizenship. It defines citizenship as membership in a political community that allows one to participate in political activities. There are different classes of citizens such as those who were citizens at the time the 1987 Constitution was adopted and those who acquire citizenship by birth, naturalization, or election. Citizenship can be lost through naturalization in another country, renunciation, military service for another nation, desertion, or other means. The roles of government are to promote general and individual welfare through protecting various civil and political rights, while the roles of citizens include loyalty, defense of the state, participation in its development, upholding laws, and voting.

Uploaded by

Patricia De guzman
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CHAPTER 6

CITIZENSHIP

CITIZENSHIP

►membership in the political community of a body of individuals who are


entitled to participate in political activities and in public affairs.

►Aristotle’s view
 Athenian practice
 Citizenship is a privilege
o CIITIZENS – persons in the government
o SLAVES – outside the government
o METICS – resident foreigners

►membership of an individual in a political community enjoying political


and civil rights.
 CITIZEN – enjoys both political and civil rights
 ALIEN - enjoys civil rights but not political rights

CLASSES OF CITIZENS

1. Citizens at the time of the adoption of the 1987 Constitution


2. Those born of Filipino fathers or mothers (jus sanguinis)
3. Citizens by election
4. Citizens by naturalization

MODES OF ACQUISITION

1. By Birth
a. Jus Sanguinis – “law of the blood”
b. Jus Soli – “law of the soil”

 Dual citizenship - allowed


 Dual allegiance – not allowed

Exception
a. Children born of foreign diplomats (Principle of Extraterritoriality)
b. Children born in United States, unless they ask for it later

“United States Nationality Act of 1940”


a. Declaration of Intention
b. Oath of Allegiance

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2. By Naturalization
a. Formal adoption of an alien into the political body of a nation vesting
upon him most of the rights and privileges of a citizen.
b. Conferment by law of citizenship to a foreigner after he has fulfilled all
prescribed conditions.

2.1 Individual Naturalization

2.1.1 By Judicial Process

Procedure for Philippine Naturalization

1. Filing of a declaration of intention 1 year prior to the filing of the


petition with the Office of the Solicitor-General. The following,
however, are exempt from filing the declaration of intention:
a. Those born in the Philippines and have received their primary
and secondary education in public or private schools
recognized by the Government and not limited to any race or
nationality;
b. Those who have resided in the Philippines for 30 years or more
before the filing of the petition, and enrolled his children in
elementary and high schools recognized by the government and
not limited to any race or nationality;
c. Widow with minor children of an alien who has declared his
intention to become a citizen of the Philippines and dies before
he is actually naturalized.
2. Filing of the Petition, accompanied by the affidavit of 2 credible
persons, who are citizens of the Philippines and who personally know
the petitioner, as character witness.
3. Publication of the petition.
4. Actual residence in the Philippines during the entire proceedings.
5. Hearing of the Petition.
6. Promulgation of the decision.
7. Hearing after 2 years. During the 2-year probation period, applicant
should not leave the Philippines; should dedicate himself continuously
to a lawful calling or profession; should not have been convicted of
any offense or violation of rules; and should not have committed an
act prejudicial to the interest of the nation or contrary to any
Government-announced policies.
8. Oath-taking and issuance of the certificate of naturalization.

Individual Naturalization in the United States

1. An alien who is eighteen years of age or above may declare before a


federal or state court his intention to become an American citizen, first

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in getting himself a job or to prove in any other way that he intends to
be a citizen of the United States;
2. The alien-applicant must file a petition with the proper court which he
must do when he reaches the age of 18. he must also be a resident of
the United States for a continuous period of five years;
3. He is ordered to appear before the court for an examination to answer
questions about American government. If he passes the examination,
he takes the fourth step;
4. The alien-applicant takes his oath of allegiance to the government of
the United States which makes him a citizen.
5. Thereafter, he shall receive a certificate of citizenship and shall be
entitled to all rights and privileges of native-born citizens.

2.1.2 By Legislation

 By means of a statute, a foreigner becomes a citizen of the country


where he applies for naturalization.

2.2 Group or Collective Naturalization

1. By treaty
2. By joint Resolution
3. By a statute

Distinction between Natural-born and Naturalized Citizens

Natural-born citizen – one who is already a citizen of the state at the time of birth. He
does not perform an act to acquire or perfect his citizenship.

Naturalized citizen – one who is a citizen of one country and who, through an
intervening act, becomes a citizen of another country.

LOSS OF CITIZENSHIP

1. By naturalization in a foreign country


2. By express renunciation of citizenship
3. By service in the armed forces of another country
4. By being a deserter from the armed forces of his country
5. By cancellation of the certificate of naturalization for cause
6. By subscribing to an oath of allegiance to support the constitution and laws of
a foreign country

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IN UNITED STATES

1. Becoming a naturalized citizen of other country


2. By serving armed forces of another country
3. By serving another government of the swears allegiance to it
4. If a naturalized American returns to his former country to stay for 2 or more
years

REACQUISITION OF LOST CITIZENSHIP (Repatriation)

1. By naturalization
2. By repatriation
3. By legislation

ROLES OF GOVERNMENT IN RELATION TO CITIZENS

1. Promotion of general welfare


2. Promotion of individual welfare
a. Civil Right – opportunity to enjoy liberty and happiness
i. Right to life, liberty and property
ii. Freedom of speech and of the press
iii. Freedom of Association
iv. Freedom of Assembly
v. Freedom of Religion
vi. Freedom for Redress of Grievance
b. Political Rights
i. Right to vote
ii. Right to run for public office
iii. Rights of speech and of the press during elections
c. Personal Freedoms
d. Social and Economic Rights

ROLES OF CITIZENS

1. Loyalty to the country


2. Defense of the State
3. Participation in the Development and Welfare of the State
4. Upholding the Constitution and Obedience to the Law
5. Exercise of Suffrage

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