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CITIZENSHIP-1

The document outlines the concept of citizenship, defining a citizen as a legally recognized national of a state, and detailing modes of acquiring citizenship such as birth, marriage, and naturalization. It describes the criteria for Philippine citizenship, including natural-born citizens and the processes for losing or reacquiring citizenship. Additionally, it addresses derivative citizenship, dual citizenship, and the implications of dual allegiance in relation to national interest.

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Adrian Alvendo
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4 views15 pages

CITIZENSHIP-1

The document outlines the concept of citizenship, defining a citizen as a legally recognized national of a state, and detailing modes of acquiring citizenship such as birth, marriage, and naturalization. It describes the criteria for Philippine citizenship, including natural-born citizens and the processes for losing or reacquiring citizenship. Additionally, it addresses derivative citizenship, dual citizenship, and the implications of dual allegiance in relation to national interest.

Uploaded by

Adrian Alvendo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CITIZENSHIP

What is a citizen?
⚫ Citizenship - the position or status of being a citizen of
a particular country.

⚫ Citizen - a legally recognized subject or national of a


state or commonwealth, either native or naturalized.
Modes of Acquiring Citizenship
⚫ Birth
⚫ A. Jus Sanguinis (Blood Relationship)
⚫ B. Jus Solis (Place of Birth)

⚫ By Marriage to a foreigner whose laws make automatically


make the spouse citizen of his country

⚫ By Naturalization
Naturalization
⚫ Administrative naturalization pursuant to R.A. No. 9139 (another
mode of acquiring Philippine citizenship which may be availed of by
native born aliens. The only implication is that, a native born alien has
the choice to apply for judicial or administrative naturalization, subject
to the prescribed qualifications and disqualifications);

⚫ Judicial naturalization pursuant to C.A. No. 473, as amended (covers


native-born aliens who lived here in the Philippines all their lives, who
never saw any other country and all along thought that they were
Filipinos; who have demonstrated love and loyalty to the Philippines
and affinity to the customs and traditions) ; and

⚫ Legislative naturalization in the form of a law enacted by Congress


bestowing Philippine citizenship to an alien.
Who are citizens of the
Philippines?
⚫ SECTION 1. The following are citizens of the
Philippines:
⚫ (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.
Natural-born citizen
⚫ SECTION 2. Natural-born citizens are those who are
citizens of the Philippines from birth without having
to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1
hereof shall be deemed natural-born citizens.
LOSS OF CITIZENSHIP MAY BE
BROUGHT ABOUT BY:
SECTION 3. Philippine citizenship may be lost or reacquired
in the manner provided by law.

LOSS OF CITIZENSHIP MAY BE BROUGHT ABOUT BY:

⚫ Naturalization in a foreign country.


⚫ Express renunciation or expatriation.
⚫ Taking an oath of allegiance to another country upon
reaching the age of majority.
LOSS OF CITIZENSHIP MAY BE
BROUGHT ABOUT BY:
⚫ Accepting a commission and serving in the armed
forces of another country, unless there is an offensive
or defensive pact with the country, or it maintains
armed forces in RP with RP’s consent.
⚫ Denaturalization.
⚫ Being found by final judgment to be a deserter of the
AFP (Commonwealth Act No. 63).

Expatriation - the voluntary renunciation or


abandonment of nationality and allegiance.
REACQUISITION OF CITIZENSHIP
⚫ BY NATURALIZATION (C.A. NO. 63)

⚫ The applicant must have lost his original Philippine citizenship by


naturalization in a foreign country or by express renunciation of his
citizenship.
⚫ He must be at least 21 years of age and shall have resided in the
Philippines at least 6 months before he applies for naturalization.
⚫ He must have conducted himself in a proper and irreproachable
manner during the entire period of his residence, in his relations
with the government and with the community in which he is living.
⚫ He subscribes to an oath declaring his intention to renounce all
faith and allegiance to the foreign authority, state or sovereignty of
which he was a citizen or subject.
REACQUISITION OF CITIZENSHIP
⚫ BY REPATRIATION
⚫ Desertion of the armed forces (C.A. 63, Sec.4)
⚫ Service in the armed forces of the Allied Forces in
World War II (R.A. 965, Sec.1)
⚫ Service in the Armed Forces of the United States at any
other time (R.A. 2630, Sec.1).
⚫ Marriage of a Filipino woman to an alien (RA 8171,
Sec.1).
⚫ Political and economic necessity.
REACQUISITION OF CITIZENSHIP
⚫ BY DIRECT ACT OF CONGRESS

⚫ Legislative naturalization in the form of a law enacted


by Congress bestowing Philippine citizenship to an
alien.
DERIVATIVE CITIZENSHIP
⚫ SECTION 4. Citizens of the Philippines who marry
aliens shall retain their citizenship, unless by their act
or omission they are deemed, under the law, to have
renounced it.

⚫ Derivative
⚫ Citizenship is acquired by the:
⚫ Wife ofnaturalized husband
⚫ Minor children of naturalized person
⚫ Alien woman upon marriage to a national
Derivative Effects
⚫ Minor children born in the Philippines before the naturalization
shall be considered citizens of the Philippines
⚫ Minor children born outside the Philippines at the time of
parent’s naturalization shall be considered Filipino citizens.
⚫ Minor children born outside the Philippines before the parent’s
naturalization shall be considered Filipino citizens only during
minority, unless he permanently resides in the Philippines.
⚫ Child born outside the Philippines after the parent’s
naturalization shall be considered Filipino, provided he registers
as such before any Philippine consulate within one year after
attaining majority age and takes his oath of allegiance.
DUAL CITIZENSHIP
⚫ SECTION 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.

⚫ Dual citizenship arises when, as a result of concurrent


application of the different laws of two or more states, a
person is simultaneously considered a national by the said
states.

⚫ Dual allegiance refers to a situation in which a person


simultaneously owes, by some positive act, loyalty to two or
more states. It is a result of an individual’s volition. It is
prohibited and abhorred by the Constitution.

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