Chapter VI
Citizenship in Aristotle’s thinking was
CITIZENSHIP
A nation-state becomes great and politically
and economically stable when the citizen,
regardless of their situation in life, religious
faith and political beliefs, willingly bind
themselves to the will of government to
attain common goals and objectives that
promote general welfare.
Every Government expect its citizens to
manifest in themselves their spirit of
nationalism for the greatness and glory of
their country. In totalitarian dictatorship the
government regiments the citizens to merge
themselves completely with the political
system, even without compensating
rewards. In contrast, the democratic
government accords to its people respect
and dignity and unites them into a citizenry
with equal individual rights, while imposes
upon them to fulfil their obligation and
duties to the state.
Definition of Citizenship. The idea of
citizenship came from the Greeks during the
golden age of Plato and Aristotle.
Citizenship was a membership in the
political community 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, moreover the Greek did not
consider his citizenship as a material
possession, rather he viewed it as similar to
membership in a family.
Aristotle: Citizenship is defined as
membership of an individual in the
assembly and was not eligible for Jury duty.
therefore a privilege to participate in the
government and hold public office.
Therefore those persons in the government
were called citizen, and those outside the
government did not have the same privilege
they were either slaves or metics (resident
foreigners)
Today, Citizenship is defined as a
membership of an individual in a political
community enjoying political and civil rights.
The individual who enjoys these rights is
called a citizen of the state. he is
distinguished from an alien in that the alien
is a citizen not of the country where he
lives, but from the another country. The
Alien enjoys civil rights but not political
rights in the country here he resides. He
cannot vote or hold an elective office, on
the other have membership of the individual
implies a duty of allegiance on his part to
the state and in return the state has the
duty to protect its citizens both inside and
outside its territory. The state also gives
protection to resident-alien popularly called
“Foreigners”.
Citizenship is 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 part of the state.
Citizen is a person having the title of
citizenship. He is a member of a democratic
community who enjoys full civil and political
rights and is accorded to the protection
inside and outside of the territory.
To be a Filipino Citizen, a person must
belong to any of the classes of citizens:
1. Those who are citizens of the
Philippines at the time of the
adaptation of this Constitution.
Citizens at the time of the adaptation of the
1987 constitution are those individuals who
had the status of being Filipino citizens
under the 1935 and the 1973 Constitution.
The purpose of this provision is to protect
the status of those who were already
citizens at the time the new constitution
(1987) took effect. A Filipino citizen who
lost his citizenship at the time of the
ratification of the 1987 Constitution is not a
Filipino citizen.
2. Those whose fathers or mothers
are citizen of the Philippines.
Those born of Filipino fathers or Filipino
mothers are citizens of the Philippines by
blood relationship following the principle of
jus sanguinis. The father or mother may be
a natural-born Filipino or a Filipino by
naturalization or election. Under this
provision, a child born of a Filipino Citizen of
the Philippines, even if the child is
illegitimate. In this case, the Constitution
does not make any distinction of a child in
or outside the wedlock.
3. Those born before January 17,
1973, of Filipino mothers, who
elected Philippine citizenship
upon reaching the age of
majority.
Under the 1935 Constitution, a child born of
a Filipino mother, who was married to a
foreigner, is born an alien and remains an
alien during his minority until he elected
Philippine citizenship. If he is born after the
ratification of the 1973 Constitution on
January 17, 1973, he is a citizen under
Section 1, Paragraph 2 thereof, making the
children of a female citizen Philippine
citizens without having to make an election.
4. Those who are naturalized in
accordance with law.
Citizen by naturalization are those persons
who were formerly citizen of other countries
and who applied for naturalization in
accordance with law in a certain state in
order to become a citizen of that country.
The people involved are called naturalized
citizens as distinguished from natural-born
citizens.
Modes of acquisition of citizenship:
1. Citizenship by Birth
Jus Sanguinis: Law of Blood, a child
possesses from the time of his birth a
citizenship which is the same as that if his
parents, or one of them, regardless of the
place in which he was born. A child born in
the United States of Filipino parents is a
Filipino Citizen under Jus Sanguinis.
Jus Soli: Law of the Soil, The citizenship of
the child is determined by the country in
which he was born regardless of the citizen
of his parents.
In the former example, the child is also an
American citizen inasmuch as the American
constitution through the Fourteen
Amendment adopts the doctrine of jus soli.
This is on case where the child possesses a
dual citizenship. Dual citizenship may bring
a problem to the individual concerned:
“Problems of conflicting jurisdiction in
matters of military service, tax obligation,
political activities and protection in foreign
countries.” To do away with this problem
the individual should choose only one
citizenship, while dual citizenship in not
objectionable it could lead to dual allegiance
which is prohibited by the 1987 constitution
which states “Dual allegiance of citizen is
inimical to the national interest and shall
dealt with law” an example of such was the
former Governor of Sorsogon Juan Fivaldo
and Baguio City Mayor Jun C. Labo were
both disqualified by the Supreme Court from
holding public office because of dual
allegiance, even they won overwhelmingly
in local elections in1988.
There are few exemptions, however in the
application of jus soli principles. Children
born of foreign diplomats in countries where
jus soli is adopted are citizen only of the
country in which their parents are citizens.
The reason behind this exemption, in
international community there is a principle
honoured by nation-state and that is called
exterritoriality. Under this principle, foreign
diplomats and their respective families are
exempted from the local jurisdiction of state
where they reside in other words they enjoy
diplomatic immunity. Another exemption is,
children born in the United States of parents
temporarily residing there are not citizen
unless they ask for it.
The American people also adopt by statute
jus sanguinis to a certain extent. Under the
law a person born abroad of American
parents is an American Citizen, provided
that:
a. Either of his parents is an American
Citizen who has resided in the
United states for at least Ten years,
five of which after he was 16 years
old.
b. The child himself should have
resided in the US for five years
between the ages if 13 and 21.
c. Both parents are citizen and either
one of them has previously resided
in the US or its possessions.
d. One parent is a citizen who
previously has resided in the US and
other parent a national. In most
cases, children of American citizens
are citizen of the United States
regardless of whether they are they
were born in or outside the US. If
such persons continue to live
permanently in a foreign country
they must declare their intention to
remain citizens of the United States.
A citizen of the United States must also be a
citizen of the state in which he lives. For
example he lives in the state of California,
the government of California must grant
him state citizenship. If he change his
domicile from one state to another his state
citizenship changes. This is in accordance
with the 14th amendment of the United
States Constitution.
Sometimes in the application of both jus
sanguinis and jus soli, Children born in the
United States of a Chinese father and a
Filipino mother, may be American citizen by
jus soli and a Chinese and Filipino Citizen by
jus sanguinis. But this situation is very rare
for in most cases children after birth have
only one citizenship. For even if there are
instances where the two principle operate at
the same time in which a person has dual or
even three citizenships as stated above.
Actually citizenship follows that of the
parents, or one of them, or upon reaching
the age of majority may choose to serve
only one nation-state.
2. Citizenship by Naturalization
A person may acquire citizenship also by
naturalization. In a broad sense,
naturalization is the formal adaptation of an
alien into the political body of a nation
vesting upon him most of the rights and
privileges of a citizen. In its strict sense,
naturalization is the conferment by law of
citizenship to a foreigner after he has
fulfilled all prescribed conditions. There are
two ways of acquiring citizenship by  Widow with minor children of an
naturalization. alien who has declared hi
intention to become a citizen of
a. Individual naturalization: when a
the Philippines and dies before
alien wishes to acquire citizenship of
he is actually naturalized.
a country other than his own. He
does so by the process of individual
b. Filling of the petition, accompanied
naturalization. This process is either
by to credible persons, who are
than by courts of law making body.
citizen of the Philippines and who
b. Judicial Process: The foreigner is
personally know the petitioner, as
requires to possess certain
character witness.
prescribed qualifications based
specially on age, residence in the
c. Publication of the petition
where he seeks citizenship,
willingness to obey the laws and the
d. Actual residence in the Philippines
constitution, good moral character,
during the entire proceedings.
literacy and other requirements. The
naturalization law of a state also
e. Hearing of the petition
prescribe disqualifications, so that if
an alien-petitioner suffers from any
f. Promulgation of the decision
of these disqualifications, he cannot
be naturalized as citizen.
g. Hearing after two years. During the
Procedure for Philippine Naturalization two-year probationary period,
applicant should not leave the
a. Filing of declaration of intention one Philippines; should dedicate himself
year prior to the filing of petition continuously to a lawful calling of
with the office of Solicitor General. profession; should not have
The following however are exempt committed an act prejudicial to the
from filing declaration of intention: interest of the nation or contrary to
 Those born in the Philippines and any Government-announced policies.
have received their primary and
secondary education in the h. Oath-taking and issuance of the
public or private schools certification of naturalization.
recognized by the government
and not limited to any race or
nationality. The court process may consist of the
 Those who have resided in the following steps:
Philippines for 30 years or more
a. An alien who is of majority age and
before filling of the petition and
wishes to be naturalized shall file a
enrolled his children in
declaration of intention to become
elementary and high school
citizen before a court. This
recognized by the government
declaration is necessary to ascertain
and not limited to any race or
the sincerity of the foreign to
nationality.
become citizen
 b. After the waiting period prescribed
by the law, the alien shall file his
petition for naturalization before the
court.
c. The court shall hear the petition for
naturalization. Under this procedure,
the foreigner is required to appear
before the court together with his
witnesses. During the hearing other
persons may appear to oppose the
petition for naturalization. After an
exhaustive investigation, and the
judge is convinced that the alien has
fulfilled all the requirements
prescribed by law, then the next
step follows.
d. After having taken an oath of
allegiance, he becomes a new citizen
and therefore, is entitled to the
rights and privileges of citizenship.
There are certain exceptions,
however, where the naturalized
citizen cannot be elected to a
national office, like that of president,
member of the law making body or
appointed judge.
Group Naturalization
Another classification of naturalization is
group or collective naturalization. Citizens of
territories of a colonizer-state may be
collectively naturalized as citizens of the
colonizer-state by means of treaty, join
resolution, or by a statute.
An example of such would be the state of
Texas before it became part of the United
States it had its citizens naturalized
collectively in 1845 as American citizen by a
joint resolution of the American Congress.
Other territories of the US had their people
naturalized by means of a treaty, like in the
people of Louisiana, Alaska and Florida and
still others by special statute like Hawaii,
Guam, Puerto Rico and Virgin Island.
Loss of Citizenship
When a citizen gives up or loses his
citizenship, the act is called expatriation.
There are several ways by which citizenship
is lost.
1. Naturalization in a foreign country
2. Express renunciation of citizenship,
in which case the citizen repudiates
in writing his citizenship
3. Service in the armed forces of
another country
4. Declaration by a competent
authority from the armed forces of
his country
5. Cancellation of the certificate of
naturalization for cause.
6. Subscribing to an oath of allegiance
to support the constitution of a
foreign country upon attaining 21
years of age; provided, however,
that in the case of a Filipino, he may
not divest himself of Philippine
citizenship in any manner while the
Republic of the Philippines is at war
with any country.
Reacquisition of Lost Citizenship
Reacquisition of lost citizenship is called
repatriation. It can be reacquired through
the following:
1. Naturalization: Natural-born Filipino
became naturalized American. To
reacquire his lost Philippine
citizenship, he may give up his
American Citizenship by applying for
naturalization. He is no longer a
natural born Filipino citizen but a
Naturalized citizen of the Philippines
2. Repatriation: by taking oath of
allegiance to the state
3. Legislation: Direct act of the
congress.