Political Science Notes File 08

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POLITICAL SCIENCE LECTURE 2021

ART. IV – CITIZENSHIP

1. Definition of Terms

- Citizenship - A term signifying membership in a democratic state. It carries with it the

duty to be loyal to the state and on the part of the state to provide
protection to its members.
- Citizen - A person who is a member of a democratic state, enjoying all political and
civil rights. In a monarchial state he is often called a subject.
- Alien - A citizen or a subject of a country who is living in or just passing or visiting
another country. Receives limited protection from the state.
- Resident Alien - A foreigner residing in the jurisdiction of another state and to
some extent his rights and property are protected.
- Non-resident Alien - Refers to the citizen of the state as provided under Art. IV Sec.
1.
- Refugees - Stateless persons who have fled their home state for shelter and asylum in
another state.
- Expatriation - The act of giving up, renouncing, or losing one’s citizenship.
- Repatriation - The act of reacquiring lost citizenship, this is done by taking the
necessary oath to the Republic of the Philippines and registering the
same in the proper civil registry.
- Dual Citizenship - Refers to the situation that arises when as a result of the concurrent
application of the different laws of two or more states, a person is
simultaneously considered a national by the said states. A result of
an individual’s voluntary acts
- Dual Allegiance - Refers to the situation in which a person simultaneously owes, by
some positive acts, loyalty to two or more states. A result of an
individual’s volition.

2. Brief History of Citizenship

The idea of citizenship came from the Greeks during the golden age of Plato and
Aristotle. For the Greeks, citizenship was membership in the political community (city-
state) of a body of individuals who were entitled to participate in political activities and
in public affairs. Membership in the city-state was a privilege attained by birth, for a
Greek remained a citizen of the city to which his parents belonged. Greeks consider
citizenship similar to membership in a family.

In Aristotle’s view, citizenship was membership of an individual in the assembly and

was eligible for jury duty, a definition based on Athenian practice. Citizenship for
Aristotle is a privilege to participate in the government and hold public office. Persons in
the government were called citizens while those outside were either slaves or metics.

Sec.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.

3. Modes of Acquisition of Citizenship

A. Citizenship by Birth

Jus Sanguinis – A child possesses from the time of his birth a citizenship which is
the same as that of his/her parents, or one of them, regardless
of the place in which he/she was born.

Jus Soli – The citizenship of a child is determined by the country in which

he/she was born regardless of the citizenship of his/her parents.

B. Citizenship by Naturalization

By judgment of the court – A foreigner who wishes to become a Filipino citizen

may do so by applying for citizenship at the proper
Regional Trial Court which will determine whether he
has all the qualifications and none of the
disqualifications provided by the law.

By direct act of Congress – Our lawmaking body simply passes a law directly
granting citizenship on a foreigner.

Sec.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.

Natural-Born Citizens

They refer to those:

1. Whom at the moment of their birth are already citizens of the Philippines; and

2. Whom do not have to perform any act to acquire or perfect their Philippine
citizenship.

Sec.3: Philippine citizenship may be lost or reacquired in the manner provided by law.

Loss of Citizenship

A Filipino citizen may lose his citizenship in any of the following ways and/ or events:

1. Voluntarily
a. by becoming a naturalized citizen of some other country.
b. by renouncing his citizenship.
 c. by swearing allegiance to a foreign country.
d. by rendering service in the armed forces of another country.
2. Involuntarily
a. by cancellation of his certificate of naturalization by the court.
b. by being a deserter in the Philippine Armed Forces in time of war.

Reacquisition of Citizenship

Citizenship may be reacquired by:

1. Naturalization
2. Repatriation
3. Direct act of Congress of the Philippines.

Sec.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.

Effect of marriage of citizen to an alien

A citizen of the Philippines who marries an alien does not lose his/her citizenship even
if the laws in his/her spouses country states that he/she automatically acquires the
citizenship of his/her spouse, unless he/she does something which obviously signifies an
intention to turn away from his/her country, such as taking an oath of allegiance to
support laws of another country. Re: dual citizenship

Sec.5: Dual allegiance is inimical to national interest and shall be dealt with by law.

Duties and Obligations of Citizens

1. To be loyal to the Republic.

2. To defend the State.
3. To contribute to the development and welfare of the State.
4. To uphold the Constitution and obey the laws.
5. To cooperate with duly constituted authorities.
6. To exercise rights responsibly and with due regard for the rights of others.
7. To engage in gainful work.
8. To register and vote.

ART. V - SUFFRAGE

1. Definition of Terms

- Suffrage – The right and obligation to vote in the election of government officers and
in the decision of public questions submitted to the people.

- Election – Refers to the means by which people choose certain officials to represent
them in the administration of the government.
 - Plebiscite – Refers to an election wherein the people decide whether to accept or
reject certain changes in the Constitution. It is also employed to determine
the will of the residents in a local government regarding certain local issues.

- Referendum – Refers to the submission of a law or a part thereof passed by Congress

or a local legislative body to the people for their approval or rejection.

- Initiative – Refers to the process whereby the people directly propose and enact laws.
Changes in the Constitution may likewise be directly proposed through
initiative.

- Recall – Refers to the means by which a local official may be removed from office
even before he finishes his term by a vote of the people.

2. Brief History of Suffrage

Suffrage as an institution of political democracy originated from the Greeks. It was in

Greece or Greek City-State of Athens where an assembly of citizens regularly met to
choose their leaders. The political means designated and adopted by them was
significant in that it made the magistrates and other public officials responsible to the
body politic and answerable to its control. The instituted system, which was a
combination of election and drawing by lot, developed a type of representation aimed at
the selection of a deliberative assembly sufficiently large enough to form a cross section
of the entire citizenry.

This governing body was allowed for a short term to act on behalf of the people. This
type of representation may be different in many ways from the modern notion of
representation, but it brings out the fact that representation is a necessary ingredient of
a democratic government.

Sec.1: Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election. No literacy, property, or
other substantive requirement shall be imposed on the exercise of suffrage.

Persons qualified and disqualified to vote

The Constitution states the qualifications of voters, it is Congress that decides

who should be disqualified to vote.

Under the present law, the following may not exercise the right to vote:

1. Any person who has been sentenced to a prison term of not less than one year,
except after five years from completion of his sentence.
2. Any person who has been found guilty by a court of having committed a crime
involving disloyalty against the State such as rebellion, treason, etc. except after
five years from completion of sentence.
3. Any person found to be not in normal mental condition.
Literacy requirement prohibited

- A person is not disqualified to vote merely because he is illiterate or does not know
how to read and write.
- One who is illiterate is not necessarily ignorant.
- People should not be denied the right to take part in their government just
because they cannot read newspapers or magazines.

Property requirement prohibited

- The Constitution does not require that one must be an owner of property to be
able to exercise the right to vote or to be elected to public office.
- Property ownership alone does not make a person more fit to make decisions, it is
the person who needs to be given due consideration not what he owns.
- Making ownership of property a requirement is against the principle of republican
government “ sovereignty resides in the people and all government authority
emanates from them”
- Social Justice implies equal chances for all, rich and poor alike.

Other substantive requirement prohibited:

Education
Sex
Taxpaying Ability

Sec.2: The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.

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.

System for securing the secrecy and sanctity of the vote

- The Philippines adopted a ballot system under which a voter casts his ballot in
secret. This is the Australian system made famous by Francis S. Dutton.
- Illiterates and disabled persons are allowed to vote.

System for absentee voting by qualified Filipinos

- Filipinos abroad – Those who by force of circumstances have to temporarily work

and reside abroad but who still feel love and concern in their hearts for their native
land remain part of our Republic. Hence, should be given the right to vote.
- Filipinos within the country – those who are government officers and employees
who might be away from places of voting by reason of official functions or work on
Election Day may also be allowed.