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CIVICS

AND
CITIZENSHIP
Raymond Q. Datuon, DEM
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 the member of a
democratic community who enjoy
full civil and political rights, and is
accorded protection inside and
outside the territory of the State.
Distinguished from
Nationality and Nations

From the point of view of


international law, “Citizenship”
and “citizen” do not exactly
mean the same as “Nationality
“and “national.”
oThe national of a State include not
only its citizens who enjoy full civil
and political privileges but also all
others who are not its citizens, but
because they owe allegiance to it,
are not regarded as aliens,
While all citizen are nationals of a
State, not all nationals are
citizens of a state.
Meaning of subject and
alien.
A Citizen is a member of a
democratic community who enjoys full
civil and political rights. In Monarchial
State, He is often called Subject.
An alien is a citizen of a country
who is residing in or passing through
another country. he is a popularly
called “foreigner.”He is not given the
full rights to citizenship but is
entitled to received protection as to
his person or property.
General ways of Acquiring Citizenship.
They are :
Involuntary method- by birth, because of
blood relationship or place of birth.

Voluntary Method- by naturalization,


except incase of collective naturalization
of the inhabitants of a territory which
takes place when it is ceded by one state
to another as a result of a conquest or
treaty.
Citizens by birth:
There are two principles 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 Jusloci- place birth serves as the basis for
acquiring citizenship under this rule. A person
becomes a citizen of the state where he is born
irrespective of the parents. This principle prevailsin
the United State.
These two modes of acquiring
citizenships correspond to the
two kinds of Citizen,
Natural-Born and
Naturalized citizens.
Citizenship at the time of the adoption of the
Constitution.

The citizens referred to are those considered


Filipino citizens under the 1973 Constitution at
the time of the affectivity of the new
Constitution on February 2, 1987 by virtue of
proclamation No. 58 of the president.
The purpose of section 1 is to protect the
status of those who were already citizens
at the time the new Constitution took
effect.

A Filipino citizen under the 1973


Constitution who has lost his citizenship
at the time of the time of the ratification of
the new Constitution is not a citizen of
the Philippines.
Citizenship by Blood Relationship.
The Philippines, in accordance with section
1, paragraph 2, follows the principle of the
jus sanguinis. In the determination of the
citizenship of the child, Filipino mothers
are placed by the Constitution on equal
footing with their husbands. This dignifies
the Filipino woman. The Father or Mother
may be a natural-born Filipino or a
Filipino by naturalization or by election.
If the child is born in a state where the rule of jus soli
obtains, or the child’s father or mother is an alien, it
would be a case of a dual citizenship.
This dignifies the Filipino woman. The
Father or Mother may be a natural-born
Filipino or a Filipino by naturalization or
by election.
If the child is born in a state where the rule
of jus soli obtains, or the child’s father or
mother is an alien, it would be a case of a
dual citizenship.
Citizen Through Election Under the 1935
Constitution.
Under the 1935 Constitution, a child born of the
Filipino mother, who was married to a
foreigner, is born an alien and remains an
alien during his minority until he elects
Philippines citizenship.
The rule then, as it is now, is that a Filipina
does not lose her citizenship by her marriage
to an alien. However, it was not clear whether
those who had elected citizenship under the
1935 Constitution are to be considered as
natural-born Filipino citizens.
Citizen by naturalization.
1. Certain rights and privileges, duties
and obligations limited to Filipino
citizens.
under our constitution and our laws
there are certain rights and privileges
that could be enjoy only by Filipino
citizens.
under the constitution, only qualified
citizens can exercise the right of
suffrage.
Note:

No person may be elected as President or


Vice President or member of Congress,
or appointed member of the supreme
Court or any lower collegiate court, or
member of any of the Constitutional
Commissions, or of the Central Monetary
Authority, Ombudsman or his Deputy
unless he is a natural-born citizen of
Philippines.
2.Constitution nationalistic in character.
3. Care in granting or denying privilege
of naturalization essential.

if the privilege of naturalization would be


granted on easy terms to foreigner not seriously
intent on acquiring Filipino citizenship but not
only desirous of improving his economic
condition, then it is likely that the nationalistic
provisions of the Constitution would be
reduced to a barren form or words.
4. Ideals policy on naturalization.
the policy on naturalization should be
guided by our own national interest.
Perhaps the ideal is that only those
who have come to love the country,
who have integrated themselves into
the citizenry and who can contribute
to the develop of the nation should
be conferred citizenship by
naturalization.
Perhaps the ideal is that only those
who have come to love the country,
who have integrated themselves into
the citizenry and who can contribute
to the develop of the nation should be
conferred citizenship by
naturalization.
Meaning of naturalization

Naturalization is the act of


formally adopting a foreigner into
the political body of the state and
clothing him with the rights and
privilege of citizenship.
It implies the renunciation of a
former nationality and the fact of
entrance to a similar relation
towards a new body politic.
Nature of naturalization.
An alien does not have a natural, inherent or vested fight to
be admitted to citizenship in a state. Citizenship is a
matter of grace, favor or privilege which a sovereign
government may confer on, or withhold from , an alien
or grant to him under such conditions as it sees fit
without the support of any reason whatsoever.
Citizenship in our Republic, be it ever Most powerful
nation f the world, can take such Citizenship for granted
or assume it as a matter of Right.
In view of the above principles , the rule is that in case of
doubt concerning the grant of citizenship, such doubt be
resolved in favor of the state and against the applicant for
naturalization.
Ways of acquiring by naturalization.

A person may be naturalized in three ways:

1.By judgment of the court.


 the foreigner who wants to become a Filipino citizen
must apply for naturalization with the proper
Regional trail court .the revise naturalization act is
the present naturalization law. such law shall also
continue in force pursuant to the transitory
provision of the Constitution (Art. XVIII, Sec.3.);
2.By direct act of congress
 in this case our law-making body simply enacts an
act directly conferring citizenship or a foreigner.
3.By administrative proceeding
 Under R.A. No.9139 (Jan, 8, 2001), Known as the
administrative naturalization law of 2000,”aliens
born and residing in the Philippines may be granted
Philippine citizenship by administrative proceedings
before a special committee on naturalization. The
petition for citizenship shall be filled with the
committee which has the power to approve, deny or
reject application as provided in the law.
Kinds of citizens under the constitution.
They are:
1.Natural-born citizens.
they refer to those:
a.Who at the moment of their birth
are already citizens of the
Philippines, and
b.Do not have perform any act to
acquire His Philippine Citizenship.
So a child born of Filipino Parents, or
a Filipino Father, or a Filipino
Mother after the Ratification of the
1973 constitution on January 17,
1973, is natural-born Citizen .It
would seemed that a natural born
citizen who hast lost his citizenship
but subsequently reacquired it is not
a natural born citizen in view of
letter.
.
2. Citizens at the time of adoption of
the new Constitution.

they refer to those who are considered


citizens of the Philippines under the
1973 Constitution at the time of the
adoption of the new Constitution.
3. Citizens through election.
 they refer to those born of Filipino mothers before January 17, 9173
who upon reaching the age of majority elect Philippines citizenship
after the ratification of the 1973 constitution (Even prior to the
affectivity of the new constitution on Feb. 2, 9187) pursuant to the
provisions of the 1935 Constitution. They are placed on the level as
those born of Filipino mothers on or after January 17 9173.
Citizens through election.
they refer to those born of Filipino
mothers before January 17, 9173 who upon
reaching the age of majority elect
Philippines citizenship after the ratification
of the 1973 constitution (Even prior to the
affectivity of the new constitution on Feb. 2,
9187) pursuant to the provisions of the 1935
Constitution. They are placed on the level as
those born of Filipino mothers on or after
January 17 1973.
4. Naturalized citizens
they refer to those who were
originally citizens of another
country, but who, by an
intervening act (i,e.,
naturalization), have acquired
new citizenship in a different
country.
Loss of citizenship.
A Filipino citizen may lose his citizenship in any of the
following ways:
■ 1. Voluntarily.
 they are:
a.by naturalization in foreign country (see R.A. No.9225
infra.)
b. by express renunciation of citizenship;
c.by subscribing to an oath of allegiance to support the
constitution and laws of a foreign country;
d.by rendering service to, or accepting commission in
the armed forces of a foreign country ( except under
certain circumstances).
2. Involuntary
 they are
a.by cancellation of his certificate of
naturalization by the court: and
b.by having been declared by
competent authority, a disaster in the
Philippine armed force in the time of
war.
The voluntary lost or renunciation of
one’s nationality is called expatriation.
In time of war, however, a Filipino
citizen cannot expatriate himself.
Reacquisition of lost Philippine
citizenship.

Citizenship may be reacquired:


1. by naturalization provide the
applicant possesses none of the
disqualifications provided in the
naturalization law.
2. by repatriation of deserters of the
Philippines armed forces and
women who lost their citizenship by
reason of marriage to an alien, after
the termination of their marital
status: and
3. by direct act of the congress of the
Philippines.
Repatriation is affected by merely
taking the necessary oath of allegiance
to the Republic of the Philippines and
registering the same in the proper civil
registry.
Effect of marriage of citizens to an
alien.
Under the section 4, a citizen of the
Philippines who marries an aliens
does not lost his/her Philippine
citizenship even if by the law s of
his/her wife’s/ husband’s country,
he/she acquires her/his
nationality.
The exception is where “by their act or
omission they are deemed under the
law, to have renounced their
citizenship,” such as (under an existing
law) subscribing to an oath of allegiance
to support the constitution and the laws
of a foreign country. A Filipino Woman,
who upon marriage to an alien acquires
his citizenship, will possesses two
citizenships Philippine citizenship and
that of her husband.
Dual allegiance of citizens.

Section 5 prohibits more particularly


naturalized Filipinos from practicing
what is called “dual allegiance” which
refers to the continued allegiance of
naturalized national to their country
even after they have acquired Filipino
citizenship. It is declared inimical to
national interest. And congress is
required that it be dealt with by law.
Note:
That the Section 5 prohibits is not
dual citizenship but dual allegiance of
citizenship arises because our laws
cannot control laws of other countries
on citizenship.
While it is not per se objectionable, the
status of dual citizenship may be
regulated or restricted by law where it
is conductive or could lead to dual
allegiance.
Dual citizenship, on the other hand,
refer to the possession of two
citizenships by an individual, that of
his original citizenship and that of
the country where he became a
naturalized citizen.
Retention and reacquisition of
citizenship.

Filipinos aboard may now acquire dual


citizenship. R.A. No. 9225, the “Citizenship
Retention and Re-acquisition Act of 2003”
(approved August 29, 2003), declares it
the policy of the State that all Philippines
citizens who become citizens of another
country shall be deemed not to have lost
their Philippines citizenship under the
conditions of the Act.
Retention and reacquisition of
citizenship
1. Retention of Philippines citizenship.
 any provision of law to the contrary
notwithstanding, natural-born citizens of the
Philippines who have lost their Philippines
citizenship by reason of their naturalization
as citizens of a foreign country are deemed to
have re-acquired Philippine citizenship upon
taking the following oath of allegiance to the
Republic:
2. Derivative citizenship.
The unmarried child, whether
legitimate, illegitimate or
adopted, below 18 of age, of
those who re-acquired
Philippines citizenship upon
affectivity of the Act shall be
deemed citizens of the
Philippines.
3. Civil and political rights and
liabilities.
those who retain or re-acquire
Philippines citizenship under the
Act shall enjoy full civil and
political rights and be subject to all
attendant liabilities and
responsibilities under existing laws
of the Philippines and the
following conditions:
Rights with corresponding obligations.
Citizens should realize that for every right
(see Art. II.) There must be a
corresponding duty. If the people are
aware not only of their rights but also of
their obligations, there will be less
misunderstanding and less conflict in
society.
One of the reasons for the
turmoil and ferment in many
countries is the attitude of
demanding one’s rights under the
law and yet being forgetful of
one’s duties as a citizens.
Rights become fully available for
enjoyment only when all the citizens,
without exception, comply loyally
with all their obligations. The rights
to life, liberty, and property, for
instance, are but partially available
foe enjoyment so long as there are
members of the political community
who are deficient in that necessary
compliance.
Duties and obligations of citizens.
. To be loyal to the republic.
1

 by loyalty, we mean faith and confidence


in the republic and love and devotion to
the country. The citizen must be proud
of his country, its customs, traditions,
language, and institutions. He must
share in its glories and feel sad in its
misfortunes. It is the “home of our
people, the seat of our affections and the
source of our happiness and well-being.”
2. To defend the state.
Men may differ and do differ on religious
beliefs and creeds, government policies, the
wisdom and validity of laws, even the
correctness or judicial decisions and decrees,
but in field of love of country, national unity,
and patriotism, they can hardly afford to
differ for these are matters in which they are
mutually and vitally interested, for to them
they mean national existence or survival as a
nation or national extinction.
3. To contribute to the
development and welfare of
the state.
the development and welfare of the
state should be the concern of every
citizen for he will be the first to
enjoy the benefits thereof. Anything
that affects him, individually and
personally. He is affected by its ills
and disorder, growth and stability.
4. To uphold the constitution and obey
the laws.
the constitution is the expression of the
sovereign will of our people. It is the shrine for
all the hopes and visions for our nation. Laws
are enacted in accordance with it for the good
of all. It is therefore the duty of every citizen to
defend and respect the constitution and obey
the laws. If the people would disregard them,
the government would collapse, and this would
mean lawlessness and the disintegration of the
social order. The constitution contains
provisions designed to insure that is the accord
5. To cooperate with duly constituted
authorities.
community living imposes obligation and
responsibilities upon the individual. The
larger interest of the group and the nation
that he must serve necessarily involve his
own. And he would be recreant to the claims
of that interest if he did not actively concern
himself with the affairs of his government. It
is not enough for example that a citizen
should take care that in his daily life he does
not violate any of the multitudinous rules.
Regulations and ordinance of the states.
He must also to it that the laws are observe
by the whole community. That the officers
of the laws attends to their enforcement
and properly perform their duties supine
and passive inaction is worse than actual
and flagrant infringement of the laws of
the land. In the letter case, the laws itself
provides a remedy and administer a
corrective measure to the erring
individual.
6. To exercise rights responsibly and
with due regard for the rights of
others.
society is composed of men, each with
interest of his own. In the course of life,
the interest of man conflict with those of
many others. Amidst the continuous clash
on interest, the ruling social philosophy
should be that, in the ultimate social
order, the welfare of every man depends
upon the welfare of all.
7. To engage in gainful work.
Employment is not the
obligation solely of the state. Every
citizen should consider it his own
responsibility and should strive to
become a useful an productive
member of society to assure not
only himself but, perhaps, more
important, his family a life worthy
of human dignity.
8. To register and vote.
suffrage is both a privilege and
a duty which every qualified
citizen must perform. Ts is
through suffrage that the will of
the people is expressed. The
quality of public official of the
government, depend, direct or
indirectly, upon the voters.