CITIZENSHIP AND CITIZEN

DISHTINGUISHED FROM
NATIONALITY AND NATIONAL
■ 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.
 The 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 prevails in 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 .
 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.
 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.
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.

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 contmue 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.

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.
 1.Naturalized citizens
>they refer to those who were originally citizens of another country, but
who, by an intervening act (I,e., naturalization), have acquired Anew
citizenship in a different country.

Loss of citizenship.
A Filipino citizen may lose his citizenship in any of the following way
1.Voluntarily.
They are:
a.By naturalization in foreign country (see R.A. No.9225 infra.)
b.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.

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:
Duties and obligations of citizens.

1.To be loyal to the republic.

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 Amisfortunes. 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.
THANK YOU!