CITIZENSHIP AND SUFFRAGE

This paper explains briefly Article IV (Citizenship) and Article V

(Suffrage) of the 1987 Philippine Constitution.
At the end the discussion, the students are expected to:
1. Explain the meaning and requirements of Philippine citizenship;
2. Discuss and distinguish the different principles and concepts involving
citizenship;
3. Explain the meaning and requirements of suffrage; and
4. Discuss the various related concepts and principles in suffrage.

PRELIMINARIES

Need for Citizenship Education

1. Citizenship education, which is the primary purpose of studying

Philippine politics and governance, entails knowing the basic rights as
well as the corresponding duties of the citizens. Section 3 (2), Article XIV
provides that all educational institutions “shall inculcate patriotism and
nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development
of the country, teach the rights and duties of citizenship, strengthen
ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific
and technological knowledge, and promote vocational efficiency.”

2. It must also be noted that one of the State Policies of the Philippines is
the rearing of the youth for civic efficiency. Section 13, Article II provides
that “the State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public
and civic affairs.” This is also why, under Section 12, Article II, the State
supports the parents in their primary right and duty in rearing the youth
for civic efficiency and development of moral character.

3. Before delving on the rights and duties of the citizens, it is logically

important to know first who are the citizens of the Philippines, the
modes of acquiring citizenship, the types of citizens, and difference
between a citizen and a non-citizen as to possession of rights, privileges,
and duties. Knowing these concepts will preparatory for the discussion of
suffrage, which is one of the rights and duties of a citizen, and the bill of
rights, which is the declaration and enumeration of the rights individuals
as will be discussed in Chapter 9.

Constitutional Provisions on Citizenship and Suffrage

Article IV of the 1987 Constitution discusses Citizenship. Article V
discusses Suffrage. These provisions will be explained in detail in the
following subtopics.

CITIZENSHIP

Meaning of Citizenship

Citizenship refers to the membership of a person to a democratic state

which bestows upon him/her full civil and political rights (unless
especially disqualified by law), and the corresponding duty to support
and maintain allegiance to the state. Such membership underscores the
symbiotic relationship of the state, which on the one hand gives
protection to the citizen, and the citizen, who on the other hand is duty
bound to support the state.
Citizens of the Philippines

1. Classification. There are four instances enumerated in the Constitution

as to who are considered citizens of the Philippines. Section 1, Article IV
of the Constitution, provides:

“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.”

First, those who are citizens of the Philippines at the time of the adoption
of the 1987 Constitution, referring to those who were already Filipinos
under the 1973 Constitution and were still citizens at the time of the
passage of the 1987 Constitution. Second, those who are Philippine
citizens because either their fathers “or” mothers are Philippine citizens.
Third, those whose fathers are foreigners, and then later elected their
Philippine citizenship upon reaching 18 years old in accordance with
1935 Constitution which was in effect at the time of their birth. And
fourth, those who are naturalized under the procedures provided by law.

2. Natural Born and Naturalized Citizens. Basically, there are only two
categories of Philippine citizens: the natural born and the naturalized.

On the one hand, a natural born citizen is someone who is already a

Filipino at the time of his birth and does not have to do anything to
acquire or perfect his citizenship (Sec. 2, Art. II). In other words, he is a
Filipino by birth. On the other hand, a naturalized citizen is someone
who was once a foreigner then later on became a Filipino by legal fiction.
Paragraph 2 (Either father or mother is a Filipino) and paragraph 3
(Elect Philippine Citizenship) of the above provision are natural born
citizens, while paragraph 4 (naturalized under the law) refers to the
naturalized citizen. Paragraph 1 (citizen at the time of the adoption of the
Constitution) may refer to either a natural born or naturalized citizen
depending on the kind of citizenship he has at the time of the adoption of
the 1987 Constitution.

3. Principles Determining Citizenship. How can birth determine

citizenship in the case of natural born citizens? There are two principles
that could answer this. First is the jus sanguinis principle, which states
that “blood relations” determine citizenship, and the second is the jus
soli or jus loci principle, which states that the “place of birth” determines
citizenship. The Philippines adopts the jus sanguinis principle and is now
the underlying theory behind Article IV. Thus, someone becomes a
Filipino by birth if either his mother “or” father is a Filipino, so that by
virtue of his blood relations to either his Filipino parents he is also a
Filipino. If Pedro, for example, has a Filipino mother and a foreigner
father, then he is still a Filipino by birth, and therefore a natural born
citizen.

4. Old Rule. It must be noted that the present rule is different from that
in the 1935 Constitution. Under the old rule, those whose fathers are
foreigners and whose mothers are citizens of the Philippines must still
elect their Philippine citizenship upon reaching 18 years old. In other
words, citizenship depends upon blood relations with the father. This
was no longer the rule under the 1973 Constitution and under the
present Constitution. Citizenship is now attributable to both the father
and mother. But for those who were born during the effectivity of the
1935 Constitution, or before January 17, 1973 (the date of promulgation
of the 1973 Constitution), they must still elect their Philippine citizenship
upon reaching the age of majority. For instance, if Pedro was born in
January 1, 1970, of a Chinese father and a Filipino mother, then in 1988
when he is already 18 years old, he must elect his Philippine citizenship.
Under Section 2, Article II, those who elect their Philippine citizenship
are still deemed natural born citizens.

Naturalized Citizens

1. Who are Naturalized Citizens? Naturalized citizens those are clothed

by law with the rights and privileges accorded to a citizen of the
Philippines, as well as bound by their duties to the State. In other words,
they are also Filipinos. Thus they can vote during elections, acquire real
property, and engage in business, among others. They must likewise
observe loyalty to the Philippines, pay their taxes, and obey the laws and
duly constituted authorities of the land. However, they cannot be elected
President or Vice-President, or member of the Congress, or appointed
justice of the Supreme Court or lower collegiate courts, or member of any
of the Constitutional Commissions, or Ombudsman or his Deputy, or
member of the Central Monetary Agency. These are among the
restrictions to a naturalized citizen which are reserved only to a natural
born citizen, who is by birth and heart a Filipino.

2. Naturalization entails renunciation of former allegiance and the

subsequent act of formal entrance into a new body politic. The grant of
citizenship by naturalization is an act of grace on the part of the State.
Just as the State can confer or grant citizenship, it can also withhold or
take away the same. Thus, aliens or foreigners do not have a natural or
inherent right to demand membership to the State.

3. Kinds of Naturalization. The government, through its three branches,

can confer citizenship by naturalization. Hence, a foreigner can be
naturalized in either of three ways:

(a) Judicial naturalization refers to naturalization by means of court

judgment pursuant to the “Revised Naturalization Act.” Applications are
filed with the proper Regional Trial Court which will render the decree of
naturalization;

(b) Legislative naturalization refers to naturalization by means of a direct

act of Congress, that is, by the enactment of a law by the Congress
declaring therein that a foreigner is conferred citizenship and admitted
into the political community; and

(c) Administrative naturalization is naturalization by means of

administrative proceedings before the Special Committee on
Naturalization pursuant to the “Administrative Naturalization Law of
2000.” Applicants must be aliens born and residing in the Philippines
with all of the qualifications and none of the disqualifications provided
by law.

Lost and Reacquisition of Citizenship

1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that

“Philippine citizenship may be lost or reacquired in the manner provided
by law.” There are two laws which provide the manner of loss of
citizenship. First is “Commonwealth Act No. 63” which provides that
citizenship is lost by naturalization in another country, by express
renunciation of citizenship, by subscribing to an oath of allegiance to
support the constitution and laws of another country, by rendering
service to a foreign armed forces, and by deserting the armed forces of
the Philippines. Second is Commonwealth Act No. 473 which states that
citizenship is lost by cancellation of certificate of naturalization by court,
by permanent residence in the country of origin for a period of five years
from the time of naturalization, by an invalid declaration of intent in the
petition, by failure to with the educational requirements of the minor
children, and by allowing oneself to used by a foreigner.

2. Reacquisition of Citizenship. As far as reacquisition of citizenship is

concerned, Commonwealth Act No. 63 also provides that citizenship
which was lost may be reacquired by naturalization, by a direct act of
Congress, or by repatriation.

(a) Naturalization may be applied for by a former Philippine citizen who

lost his citizenship under any of the aforesaid ways. For example, Pedro
was a Filipino who became a naturalized citizen in another country, and
as a result he lost his Philippine citizenship. If he applies for
naturalization and later on the court gave him a decree of naturalization,
then he reacquires his Philippine citizenship.

(b) The Congress can also reinstitute, by means of a law, citizenship to

those who lost it.

(c) Repatriation is accomplished by taking the necessary oath of

allegiance to the Republic of the Philippines and then registering the
same in the proper Civil Registry and in the Bureau of Immigration. This
is available to women who have lost their citizenship through marriage to
aliens, those who lost their citizenship on account of economic and
political necessity not otherwise disqualified by law, and deserters of the
Armed Forces of the Philippines.

3. R.A. No. 9225. Special note must be given to Republic Act No. 9225,
otherwise known as “Citizenship Retention and Reacquisition Act of
2003,”which amended Commonwealth Act No. 63. It provides that
natural born citizens of the Philippines who lost their citizenship because
of naturalization in a foreign country shall be deemed to have reacquired
their Philippine citizenship upon taking the oath of allegiance to the
Republic of the Philippines. After the effectivity of RA 9225, those who
are naturalized in a foreign country shall retain their Philippine
citizenship also upon taking the oath of allegiance to the Republic of the
Philippines. Thus, under the present law, it is the taking of the necessary
oath of allegiance and registration of the same that retains and
reacquires Philippine citizenship.

4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an

alien is not a ground for losing Philippine citizenship, unless there is
implied or express renunciation through acts or omissions. For example,
if Maria is married to Friedrich, a foreigner, and in Friedrich’s country
his marriage confers on Maria their citizenship, then Maria will not
automatically lose her citizenship as provided by the Constitution. What
she has is dual citizenship. But if Maria subscribes to an oath of
allegiance to her husband’s country, then her act is deemed a
renunciation of her Philippine citizenship, thus, a ground for losing her
citizenship.
Dual Allegiance and Dual Citizenship

1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV

states, “Dual allegiance of citizens is inimical to the national interest and
shall be dealt with by law.” Dual allegiance happens when a naturalized
citizen of the Philippines maintains his allegiance to his country of
origin. For example, if Joe, who was a foreigner, becomes a naturalized
citizen of the Philippines, and after naturalization he still maintains his
allegiance to his mother country, then his case is said to be one of dual
allegiance. This is prohibited by the Constitution to prevent a former
foreigner, who gained political membership, to have false allegiance or
pretend loyalty to the Philippines.

2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does

not prohibit dual citizenship. Dual allegiance is different from dual
citizenship. Dual citizenship happens when an individual is a citizen of
two countries because the laws of both countries confer upon him
membership to their State. For example, if Pedro’s parents are Filipinos
and he is born in United State of America, he acquires Philippine
citizenship under the principle of jus sanguinis and American citizenship
under the principle of jus soli. Thus, he has dual citizenship because of
the respective laws of the two countries. Another example is when a
Filipino marries a foreigner and thereby acquires the citizenship of the
spouse, there is also dual citizenship. The Philippines cannot prohibit
dual citizenship because its laws cannot control the laws of other states.
It is dual allegiance that is prohibited because it is intentional while dual
citizenship is generally unintentional, in that it is only accidentally cause
by birth in a foreign state or marriage with a foreigner.

3. Limitation on Dual Citizenship. Dual citizenship may be prohibited

under special cases. For instance, pursuant to the Constitution, RA 9225
requires that all those who are seeking elective public offices in the
Philippines to execute a personal and sworn renunciation of any and all
foreign citizenship to qualify them as candidates in the Philippine
elections.

SUFFRAGE

Meaning of Suffrage

Suffrage is the right and obligation to vote. It is a political right conferred

by the Constitution empowering a citizen to participate in the process of
government which makes the State truly democratic and republican.
Section 1, Article V, however, provides that “suffrage may be exercised…”
thus, making it non-mandatory. Failure to exercise such right is not
punishable by law, but nonetheless makes a citizen irresponsible. In
other words, suffrage is an obligation but a non-mandatory one.

When Suffrage may be Exercised

Suffrage is exercised not only during elections, but also during

initiatives, referendums, plebiscite, and recalls. Election is the means by
which the people choose their representatives who are entrusted the
exercise of the powers of the government. Initiative is the means by
which people directly propose and enact laws, that is, they initiate the
law-making process. Referendum refers to process by which the people
ratify or reject a law or part thereof referred or submitted to them by the
national or local law-making body. Plebiscite entails a process by which
the people either ratify or reject an amendment or revision to the
Constitution. And recall is a mode of removing an incumbent official
from office by a vote of the people upon proper registration of a petition
signed by the required number of qualified voters. In all these instances,
a qualified citizen can rightfully exercise suffrage.

Who may Exercise Suffrage

1. Qualified Citizens Only. Suffrage can be exercised only by a citizen of

the Philippines, who has none of the disqualifications, at least eighteen
years of age on the day of the election, and a resident of the Philippines
for at least one year and of the place where he intends to vote for at least
six months immediately preceding the election (Section 1, Article V).
Suffrage is an attribute of citizenship, and therefore aliens cannot
exercise the same.

2. Reason for Lowering the Voting Age. The voting age was lowered
down from 21 to 18 years old to broaden the electoral base. If the voting
age is 21, then only a small percentage of the total population of the
Philippines can vote. Moreover, according to psychologists, 18 to 21 year-
old Filipino youth, living in urban or rural areas, have the same political
maturity. This is affirmed in many provisions of Philippine law, in that
the marrying age, the age when someone can enter into a contract, and
the age when someone can be called to defend the State, is 18 years old.
It must be noted, however, “registration” may be done before reaching
the age of majority for as long as the voter is 18 years old on the day of
the election.

3. Explanation of Residency Requirement. A citizen, in order to be

qualified to vote, must have resided in the Philippines for at least one
year and for at least six months on the place where he intends to vote
immediately preceding the elections. The “one year residency
requirement” means “permanent residence” while the “six month
residency requirement” means either “permanent or temporary
residence.” On the on hand, permanent residence or domicile requires
bodily presence in the locality, the intention to remain there (animus
manendi), and an intention to return to it if one goes somewhere else
(animus revertendi). If a new residence is established, permanent
residence requires an intention not to return to the old domicile (animus
non revertandi). For example, if a Filipino citizen works abroad to look
for greener pastures, but still has the “intention to return” to the
Philippines, he can still exercise his right to vote since his domicile is still
in the Philippines. On the other hand, temporary residence only requires
the intention to reside in a fixed place. To be familiar with the needs of
the locality, a voter must reside therein for at least six months
immediately preceding the elections. This is requirement for both
national and local elections. In here, since residence can also mean
temporary residence, one can vote in either his locality of permanent
residence or locality of temporary residence during local or national
elections. For example, Pedro is domiciled in Tuguegarao City and is a
registered voter therein. But he is working in Manila for more than six
months already, has established a temporary residence, and is likewise a
registered voter there. Under the law, he can vote in Tuguegarao city
since he is a permanent resident of the place or in Manila since he has a
temporary residence there.

4. No Additional Substantive Requirement. Still in keeping with the

trend for broadening electoral base, the Constitution does not provide for
“literacy, property or other substantive requirements.” Rather it
encourages the “participation” and “equalization” of the privileges and
rights of the people. Being democratic and republican, the State
endeavors for the establishment of a wide base of electoral involvement
by the people, not only by the rich minority who joy the privilege of
formal education, but also by the poor majority who are usually
unlettered because of poverty. It must also be emphasize that there is no
direct relationship between education or property, on the one hand, and
capacity for intelligent voting, on the other, in that even a rich and highly
educated person may initiate and be swayed by sham elections.

Absentee Voting

Because of the phenomenon of “Filipino labor explosion overseas,” the

so-called “absentee voting system” is mandated by the Constitution to be
provided for, or legislated, by the Congress. Section 2, Article V states,
“The Congress shall provide… a system for absentee voting by qualified
Filipinos abroad.” For as long as they are qualified, overseas Filipino
workers can still participate in elections despite their temporary absence
in the Philippines. While residency is a voting requirement, it must not
be a reason for disenfranchising thousands of Filipinos abroad whose
hearts are still with the Philippines.

Importance of Suffrage

As a final note, the importance of suffrage cannot be overemphasized as

it is the bed rock of Philippine democracy and republicanism. Removed,
then the Philippines is no longer democratic and republican. This is why
the Constitution mandates the Congress “to provide a system for
securing the secrecy and sanctity of the ballot.” The mandate becomes
especially important now that the electoral base is broadened to include
the illiterate and the disabled who are the usual prey of unscrupulous
politicians. Thus, to secure the very essence of Philippine democracy and
to protect the illiterates and disabled from being disenfranchised, the
Constitution also provides that “The Congress shall also design a
procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote
under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.”