Jev Ojiebwa O.

Sab-a

Written Report

Article 4, Sections 1-2

What is Citizenship?
A term denoting membership of a citizen in a political society, which membership implies,
reciprocally, a duty of allegiance on the part of the member and duty of protection on the start on
the part of the state

This legal relationship involves rights and obligations on the part of both the individual
and the state itself.

What is citizen?

A person having the title of citizenship. He is a member of a democratic community who

enjoys full civil right and political rights and is accorded protection inside and outside the territory
of the state.

What is the distinction between citizenship and nationality?

Citizenship is a membership in a democratic or a political community, whereas nationality

is a membership in any monarchial, autocratic or democratic.

Citizenship follows the exercise of civil and political rights whereas nationality does not
necessarily carry with it the exercise of political rights.

Examples of Civil and Political rights.

1. civil rights include the right to vote, the right to a fair trial, the right to government services,
the right to a public education, and the right to use public facilities.

Political rights are the rights exercised in the formation and administration of a government.
They are given to citizen by the constitution. These rights give the citizen power to
 participate directly or indirectly in the administration. Political rights are the right to political
participation.

How does the term National Distinguished from Nationality?

National is defined as a person who owes allegiance to and is entitled to the protection of a
given state, regardless of the status under domestic law.

Nationality is often times use synonymously with Citizenship. They are not exactly the
same thing for the first has a broader meaning than the second. All persons are nationals, but
not all are citizens of a state. Citizenship implies complete possession of civil and political
rights in a body of politics whereas the nationality does not necessarily confer theses rights.

What is an alien?
An alien is a citizen of a country who is residing in or passing through another country.
He is particularly called “foreigner”. He is not given the full rights of a citizenship but is
entitled to receive protection as to his person and property.

There are two principle or rules that govern citizenship by birth namely;

Jus sanguinis – Blood relationship is the basis for the acquisition of citizenship under this
rule. The children follow the citizenship of the parents or one of them.

Jus soli or jus loci- Place of birth serves as the basis for acquiring citizenship under this
rule. A person become a citizen of the state where he is born irrespective in the United
states. It does not mean though that the principles of jus sanguinis is not likewise recognized.

Section 1: The following are those Citizen of the Philippines.

[1] Those who are Citizen of the Philippines at the time of the adoption of this Constitution.
[2] Those whose fathers or mothers are Citizen of the Philippines.
[3] Those born on January 17, 1973, of a Filipino mothers, who elect Philippines Citizenship
upon reaching the age of majority; and
[4] Those who are naturalize in accordance with law.

In the Section 1 paragraph [1] Where the citizen referred to are those considered Filipino citizen
under the 1973 Constitution at the time of the effectivity of the new Constitution on February,2
1987 by virtue of Proclamation, No. 58 of the President which is the Proclamation of the
ratification of the constitution of the republic of the Philippines.

The purpose of section 1 paragraph [1] is to protect the status of those who were already citizens
at the time the New Constitution took effect.

Section 1: paragraph [2] Those whose fathers or mothers are citizen of the Philippines.

In paragraph two [2] it follows the principles of just sanguinis, where blood relationship is the
basis for the acquisition of citizenship.

Paragraph three [3]

[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippines Citizenship
upon reaching the age of majority;

Under the 1935 Constitution a child born of a Filipino mother, who married to a foreigner, is
born an alien and remains and alien during his minority until her elects Philippines Citizenship

Paragraph four [4]

[4] Those who are naturalize in accordance with law.

A person can be naturalized in three (3) ways.

(1) By judgement of the court .
(2) By direct act of congress.
(3) By administrative proceedings.

(1)By judgement of the court-The foreigner who wants to become a Filipino Citizen must apply
for naturalization with the proper Regional Trial Courts. He must have all the qualifications and
none of the disqualifications provided by law, and must comply with all the procedure and
condition prescribed.

(2)By direct act of congress- In this Case, our law-making body simply enacts an act directly
conferring citizenship on a foreigner.
(3)By administrative proceedings- Under R.A No. 9139 it is an act providing for the acquisition
of the Philippines citizenship for certain aliens by administrative naturalization and for other
purposes.
An alien born and residing in the Philippines may be granted Philippine citizenship by
administrative proceedings before special committee on naturalization, subject to certain
requirements dictated by national security and interest. The applicant must possess all the
qualifications and none of the disqualifications provided in the law. The petition for citizenship
shall be filed with the committee which has the power to approve, deny or reject applicants for
naturalization as provided by law.

There are certain rights and privileges that could be enjoyed only by Filipino Citizen. Thus,
under the constitution only qualified citizens can exercise the right of suffrage
(ART. V, SEC.1.)

Qualifications for Naturalization

(a) The applicant must be born in the Philippines and residing therein since birth;

(b) The applicant must not be less than eighteen (18) years of age, at the time of filing of his/her
petition;

(c) The applicant must be of good moral character and believes in the underlying principles of
the Constitution, and must have conducted himself/herself in a proper and irreproachable manner
during his/her entire period of residence in the Philippines in his relation with the duly
constituted government as well as with the community in which he/she is living;

(d) The applicant must have received his/her primary and secondary education in any public
school or private educational institution dully recognized by the Department of Education,
Culture and Sports, where Philippine history, government and civics are taught and prescribed as
part of the school curriculum and where enrollment is not limited to any race or
nationality: Provided, That should he/she have minor children of school age, he/she must have
enrolled them in similar schools;

(e) The applicant must have a known trade, business, profession or lawful occupation, from
which he/she derives income sufficient for his/her support and if he/she is married and/or has
dependents, also that of his/her family: Provided, however, That this shall not apply to applicants
who are college degree holders but are unable to practice their profession because they are
disqualified to do so by reason of their citizenship;

(f) The applicant must be able to read, write and speak Filipino or any of the dialects of the
Philippines; and

(g) The applicant must have mingled with the Filipinos and evinced a sincere desire to learn and
embrace the customs, traditions and ideals of the Filipino people.

And the disqualifications for Naturalization- The following are not qualified to be naturalized as
Filipino citizens under this Act

(a) Those opposed to organized government or affiliated with any association of group of
persons who uphold and teach doctrines opposing all organized governments;

(b) Those defending or teaching the necessity of or propriety of violence, personal assault or
assassination for the success or predominance of their ideas;

(c) Polygamists or believers in the practice of polygamy;

(d) Those convicted of crimes involving moral turpitude;

(e) Those suffering from mental alienation or incurable contagious diseases;

(f) Those who, during the period of their residence in the Philippines, have not mingled socially
with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs,
traditions and ideals of the Filipinos;

(g) Citizens or subjects with whom the Philippines is at war, during the period of such war; and

(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be
naturalized citizens or subjects thereof.

Section.2 Natural Born Citizen are those who are citizen 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
national born citizens.

-As what the section 2 defined the Natural born Filipino Citizen , they follow the
principles of jus sanguinis and jus soli.

Kinds of Citizen Under the Constitution

1. Natural Born Citizen – they refer to those

(a). Who at the moment of their birth are already citizens of the Philippine and do not have to
perform any act to acquire his Philippine citizenship.
(b) Citizens at the time of the adoption of the new constitution-
They are those who are considered citizens of the Philippines under the 1973 constitution
at the time of the adoption of the new constitution.
(c) Citizen through election-
They are those born of Filipino mothers before January 17, 1973 who reaching the age
of majority, elect Philippine citizenship after the ratifications of the 1973 constitution (even in
prior to the effectivity of the new constitution on Feb 2, 1987). Pursuant to the provisions of the
1935 constitution. (Sec.1[3].). They placed on the level as those born of Filipino mothers on or
after different country
(d)Naturalized citizen – They are those who were originally citizens of another country, but
who, by an intervening act and have acquired new citizenship in a different country.

Bibliography

Books

De Leon, H. D. (2008). Textbook of the Philippine Constitution. Manila: Rex Publishing.

De Leon, H. D. (2014). Textbook of the Philippine Constitution. Manila: Rex Publishing.
Dr. Roberto Buenaflor, C (2016) Politics, Governance and Constitution of the Philippines.