Lesson 9 - Chapter VI – Citizenship

- To demonstrate the Filipino duties and obligations as a citizen

CHAPTER VI
CITIZENSHIP
Citizenship is a term denoting membership of a citizen in a political society, which members implies,
reciprocally, a duty of allegiance 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 political rights, and is accorded protection inside and outside the territory of the state.
CITIZENSHIP AND CITIZEN DISTINGUISHED FROM NATIONALITY AND NATIONAL
From the point of view of international law, “citizenship” and “citizen” do not exactly mean the same as
“nationality” and “national”. the national of a state include not only its citizens who enjoy full civil and
political privileges but also all others who are not its citizens, but because they owe allegiance to it, are not
regarded as aliens. While all citizens are nationals of State, not all nationals are citizens of a State.
MEANING OF SUBJECT AND ALIEN
A citizen is a member of a democratic community who enjoys full civil and political rights. In Monarchial
State, he is often called subject.
An alien is a citizen of a country who is residing in or passing through another country. He is a popularly
called “foreigner”. He is not given the full rights to citizenship but is entitled to receive protection as to his
person or property.
GENERAL WAYS OF ACQUIRING CITIZENSHIP
1. Involuntary method - by birth, because of blood relationship or place or birth
2. Voluntary method - by naturalization, except I case of collective naturalization of the inhabitants of
a territory which takes place when it is ceded by one state to another as a result of a conquest or
treaty.
WHAT ARE THE MODES IN ACQUIRING PHILIPPINE CITIZENSHIP? A. Filipino by Birth / Natural
Born Filipino
1. Jus Soli (right of soil) which is the legal principle that a person’s nationality at birth is determined by
the place of birth (e.g. the territory of a given state)
2. Jus Sanguinis (right of blood) which is the legal principle that at birth, an individual acquires the
nationality of his/her natural parents/s. the Philippine adheres to this principle.
B. Filipino by Naturalization / Naturalized Citizen - which is the judicial act of adopting a foreigner and
clothing him with the privileges of a native-born citizen. It implies the renunciation of a former nationality
and the fact of entrance into a similar relation towards a new body.
CLASSIFICATION OF FILIPINO CITIZENS
(Article IV, Section 1, Philippine Constitution)
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.
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 into the citizenry and who
can contribute to the development of the nation should be conferred citizenship by naturalization.
Naturalization is the act of formally adopting a foreigner into the political body of the state and clothing
him with the rights and privilege of citizenship. It implies the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body politic.
NATURE OF NATURALIZATION
An alien does not have a natural, inherent or vested fight to be admitted to citizenship in a state.
Citizenship is a matter of grace, favor or privilege which a sovereign government may confer on , or
withhold from, an alien or grant to him under such conditions as it sees fit without the support of any reason
whatsoever.
Citizenship in our republic be it ever most powerful nation if 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 be resolved in favor of the state and against the applicant
for naturalization.
THREE WAYS OF ACQUIRING BY NATURALIZATION
1. By judgement of the court
The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper
Regional Trial Court / Court of first instance. The Revise Naturalization Act is the present naturalization law.
Such law shall also continue in force pursuant to the transitory provision of the Constitution (Art. XVIII, Sec.
3.)
2.By Direct act of Congress
In this case our law-making body simply enacts an act directly conferring citizenship to a foreigner.
3.By Administrative proceeding
Under R.A. No. 9139, known as the Administrative Naturalization Law of 2000 “, Aliens born and
residing in the Philippines may be granted Philippine Citizenship by administrative proceedings before a
special committee on naturalization. The petition for citizenship shall be filled with committee which has the
power to approve, deny or reject application as provided in the law.
WHO MAY QUALIFY AS PHILIPPINE CITIZEN
BY NATURALIZATION UNDER THE REVISED NATURALIZATION ACT.
Under Section 2, CA 573 or the Revised Naturalization Law the applicant must possess the following
qualifications.
1. He must not be less than twenty-one years old of age on the day of the hearing of the petition.
2. He must have resided in the Philippines for continuous period of not less than ten years.
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 residence in the Philippines in his relation with the constituted government as
well as with the community in which he is living.
4. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine
currency, or must have some known lucrative trade, profession, or lawful occupation.
5. He must be able to speak or write English or Spanish or anyone of the principal languages.
6. He must have enrolled his minor children of recognized by the Bureau of Public Schools of the
Philippines where Philippine History, government and civics are taught or prescribed as part of the
school curriculum, during the entire period of the residence in the Philippines required of him prior
to the hearing of the petition for naturalization as Philippine citizen.
WHO ARE NOT QUALIFIED TO APPLY
FOR NATURALIZATION F THE REVISED NATURALIZATION LAW
Under Section of 4 of the Revised Naturalization Law, the following persons cannot qualify for
Philippine citizenship.
 1. Persons opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing all organized governments
2. Persons defending or teaching the necessity or propriety of violence, personal assault, or
assassination for the success and predominance of their ideas;Polygamists or believers in the
practice of polygamy.
3. Persons convicted of crimes involving moral turpitude.
4. Persons suffering from mental alienation or incurable contagious diseases.
5. Person who during the period of their stay in the Philippine, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions,
and ideals of the Filipinos.
6. Citizens or subjects of nations with whom the Philippine is at war.
7. Citizens or subjects of a foreign country other than the United States, whose laws do not grant
Filipinos the right to become naturalized citizens or subject thereof;
LOSS OF CITIZENSHIP
A Filipino citizen may lose his citizenship in any of the following ways;
A. Voluntary
1. By naturalization in a foreign country
2. By express renunciation of citizenship (expatriation)
3. By subscribing to an oath of allegiance to support the constitution and law of foreign country.
4. 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.
B. Involuntary
1. By cancellation of his certificate of naturalization by the court
2. By having been declared by competent authority a deserter of the Philippine armed forces in times
of war.
WHAT ARE GROUNDS FOR REQUIRING LOST PHILIPPINE CITIZENSHIP?
1. By naturalization
2. By repatriation-affected by merely taking the necessary oath of allegiance to the Republic of the
Philippines and registering the same in the proper civil registry.
3. By direct act of congress.
RETENTION AND ACQUISITION OF CITIZENSHIP
Under R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”
which was approved in August 29,2003, natural born citizens of the Philippines who have lost their
Philippine Citizenship by reason of naturalization as citizens of a foreign country are deemed to have
reacquired Philippine citizenship upon taking an oath of allegiance to the Philippine Republic.
OATH OF ALLEGIANCE
“ I __________, solemnly swear ( or affirm) that I will support and defend the Constitution of the
Republic of the Philippine and obey the laws 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
Philippine 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.
DERIVATIVE OF CITIZENSHIP
The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who
acquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines.
CIVIL AND POLITICAL RIGHTS 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 attendant liabilities and responsibilities under the existing laws of the
Philippines and the following conditions.
1. Those intending to exercise their right of suffrage must meet the requirement under Section 1,
Article of the Philippine Constitution. RA 9189 otherwise known as “ The Overseas Absentee Voting
Act of 2003 and other existing laws.
2. Those seeking elective public office in the Philippines shall meet the 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.
3. 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.
4. The right to vote or be elected or appointed 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 no-
commissioned officers in the armed forces of the country of which they are naturalized.
WHAT IS THE EFFECT OF MARRIAGE OF A CITIZEN TO AN ALIEN?
1. Under Section 4, a Filipino citizen who marries an alien does not automatically lose his or her
citizenship, even if his or her nationality was granted by his or her husband’s or wife’s country.
2. 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.
3. If a Filipino woman marries an alien and acquires her husband’s citizenship, she will possess two
citizenship, Philippine citizenship and that of her husband.
WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his state. Section 5 prohibits more particularly naturalized
Filipino 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 citizenship.
Dual citizenship refers to the possession of two citizenships by an individual, that of his original
citizenship and that of the country where he became a naturalized citizen. It arises because our laws
cannot control laws of other states on citizenship but dual allegiance can be a matter of personal choice or
decision.
WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?
1. To be loyal to the republic
Loyalty implies faith and confidence in the republic and love and devotion to the country. The citizen
must be proud of his country, its customs, traditions, language, and institutions. He must share in its glories
and feel sad in its misfortunes. 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 of laws, even the correctness or judicial decisions
and decrees, but in field of love of country, national unity, and patriotism, they can hardly afford to differ for
these are matters in which they are mutually and vitally interested, for to them they mean national existence
or survival as a nation or national extinction.
3. To contribute to the development and welfare of the state.
The development and welfare of the state should be the concern of every citizen for he will be be the
first to enjoy the benefits thereof. Anything that affects him, individually and personally. He is affected by its
ills and disorder, growth and stability.
4. To uphold the constitution and obey the laws.
 It is the shrine for all the hopes and visions for our nations. Laws are enacted in accordance with it
for the good of all. It is therefore the duty of every citizen to defend and respect the constitution and obey
the laws. If the people wound disregard them, the government would collapse, and this would mean
lawlessness and the disintegration of the social order. The constitution contains provisions designed to
insure that is the accord.
5. To cooperate with the duly constituted authorities
The larger interest of the group and the nation that he must serve necessarily involve his own. And
he would be recreant to the claims of that interest if he did not actively concern himself with the affairs of
his government. It is not enough for example that a citizen should be take care that in his daily life he does
not violate any of the multitudinous rules.
6. To exercise rights responsively with due regards to the rights of others.
Society is composed of men, each with interest of his own. In the course of life, the interest of man
conflict with those of many others. Amidst the continuous clash on interest, the ruling social philosophy
should be that, in the ultimate social order, the welfare of every man depends upon the welfare of all.
7. To engage in gainful work
Employment is not the obligation solely of the state. Every citizen should consider it his own
responsibility and should strive to become a useful an productive member of society to assure not only
himself but, perhaps, more important,his family a life worthy of human dignity.
8. To register and vote.
Suffrage is both a privilege and a duty which every qualified citizen must perform. It is through
suffrage that the will of the people is expressed. The quality of public official of the government, depend,
direct or indirectly, upon the voters.