2. “Philippine citizenship is a gift that must be
deserved to be retained. The philippines, for
all her modest resources compared to those of
other states, is a jealous and possessive
mother demanding total love and loyalty from
her mother.”
3. What is Citizenship?
A term denoting membership in a political
community with full civil and political privilege and this
membership imply, reciprocally, a duty of allegiance on
the part of the member and duty of protection on the
part of the state.
This legal relationship involves rights and obligation
on the part of both the individual and the state itself.
4. Citizen
A person having the title of citizenship. He
is a member of democratic community who
enjoys full civil and political rights and is
accorded protection inside the territory of
the States.
5. WHAT IS THE DISTINCTION BETWEEN
CITIZENSHIP AND NATIONALITY
Citizenship is membership in a democratic or political
community, whereas nationality is membership in any
political community whether monarchial, autocratic or
democratic.
Citizen follows the exercise of civil and political rights
whereas nationality does not necessarily carry with it the
exercise of political rights.
A person can be a citizen of one country and a national
another.
6. How is 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 that 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 politics whereas the nationality does not necessarily
confer these rights.
7. WHAT IS A SUBJECT?
Usually implies membership in a monarchial
society. A subject does not enjoy civil and political
rights.
8. 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
citizenship but is entitled to receive protection as to
his person and property.
9. WHAT ARE THE GENERAL WAYS OF
ACQUIRING CITIZENSHIP?
1 Involuntary Method
2 Voluntary Method
10. INVOLUNTARY WAYS OF ACQUIRING
CITIZENSHIP
By birth
Through the change of sovereignty which result
in the acquisition by each individual of the ceded or
acquired territory of the citizenship under the new
sovereignty in the absence of treaty stipulation to
the contrary.
Through direct legislative grant.
11. VOLUNTARY WAYS OF ACQUIRING
CITIZENSHIP
Through marriage which result in the acquisition by
the wife of the citizenship of the husband in case of
difference in citizenship of the parties, except where
the wife is barred from acquiring the citizenship of
the husband by the law of the nation of the latter.
Through the election which is the acquisition of
citizenship after reaching the age of majority.
Naturalization of the head of the family which result
in the naturalization of the wife and the minor
children living with him.
12. WHAT ARE THE TWO PRINCIPLES
GOVERNING CITIZENSHIP BY BIRTH?
Jus Sanguines. Citizenship by virtue of blood
relationship. The children follow the citizenship of
the parents. This prevails in the Philippines.
Jus soli. Citizenship by virtue of the place of birth.
A person becomes of the citizen of the state
where he is born irrespective of the citizenship of
the parent. This principle prevails in the United
States.
13. WHO ARE THE CITIZENS OF THE
PHILIPPINES?
Section 1 provides that the following are
deemed 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.
14. WHO ARE THE CITIZENS OF THE
PHILIPPINES
Section 1 provides that the following are deemed
citizens of the Philippines?
Natural-born citizens
Citizens at the time of the adoption of this
Constitution
Those who elect Philippine citizenship upon reaching
the age of reason
Those who are naturalized in accordance with law.
15. WHO ARE CONSIDERED AS NATURAL
BORN CITIZEN?
Section 2 provides that Natural-born citizens are
those who are citizens of the Philippines from the
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 of Article 4 of the Philippine
Constitution shall be deemed natural-born citizens.
16. WHAT IS NATURALIZATION?
• Naturalization is the legal act of adopting a foreigner
into the political body of the state and clothing him
with the right and privileges of a citizen. It implies
the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body
politic.
• A person may be naturalized either by complying
with both the substantive and procedural
requirements of a general naturalization law or he
may be naturalized by a special act of the legislature.
17. WHAT ARE THE QUALIFICATION FOR
NATURALIZATION?
Under the Naturalization Law, and as provided in
Section 2, C.A. No. 573, as amended, the
petitioner for naturalization is required to possess
the following qualification:
1. The petitioner must not be less than 21 years
old on the date of the hearing of the petition.
2. The petitioner must have resided in the
Philippines for ten years, which should be
continuous.
18. 3. He must be of good moral character, and believes in the
principles underlying the Philippine Constitution, and must
have conducted himself in a proper and irreproachable
manner during the entire period of his residency in the
Philippines.
4. The petitioner must own real estate in the Philippines
worth not less than P5,000 in the Philippine currency, or
must have some lucrative trade, profession, or lawful
occupation.
5.The petitioner must be able to speak and write English or
Spanish and any one of the principal Philippine Languages.
6.The Petitioner must have enrolled his children of school age
in any of the public school recognizes the government
where the Philippine history, government and civics are
taught or prescribed as part of the school curriculum during
the entire period of the residence required him, prior to
hearing of his petition for naturalization as citizen.
19. The residence requirement of ten years is
reduced to five years under any the
following instances:
1. The petitioner has honorably held office under the
Government of the Philippines or under that of any political
subdivisions.
2. If the application has established a new industry or introduced
a useful invention in the Philippines.
3. If the petitioner is married to female citizen of the Philippines.
4. If the applicant had been a teacher in a public or recognized
private school not established for the exclusive instruction of
children of person of a particular nationality or race in the
Philippines for two years.
20. Sec.3 Philippine citizenship may be lost
or reacquired in the manner provided
by law
HOW FILIPINO CITIZENSHIP MAY BE LOST?
Filipino citizen may lose his citizenship any of the
following ways:
1. Voluntary
A. Naturalization in a foreign country
B. By express renunciation of citizenship
(expatriation)
21. C. By subscribing to an oath of
allegiance to support the constitution
and law of foreign country
D. By rendering service to or accepting
commission in the armed forces of a foreign
country.
The voluntary loss or renunciation of one’s nationality
is called EXPATRIATION
22. 2. Involuntary
A. By cancellation of his certificate of
naturalization by the court
B. By having been declared by competent
authority a deserter of the Philippine armed forces in
times of war.
23. WHAT ARE THE GROUNDS FOR
REACQUIRING LOST PHILIPPINE
CITIZENSHIP?
1. By naturalization
2. By repatriation
3. By direct act of congress
24. RETENTION AND ACQUISITION OF
CITIZENSHIP
Under R.A. 9225 otherwise known as
“Citizenship Retention and Reacquisition Act of
2003” which was approved in August 29, 2003,
natural born citizens of the Philippine who have lost
their Philippine Citizenship by reason of
naturalization as citizen of a foreign country are
deemed to have reacquired Philippine citizenship
upon taking an oath of allegiance to the Philippine
Republic.
25. R.A. 9225 otherwise known as the
“Citizenship Retention and Re-acquisition
Act of 2003
“I_______, solemnly swear (or affirm) that I will
support and defend the Constitution of the Republic of the
Philippines and obey the law and legal orders promulgated
by the duly constituted authorities of the Philippines; and I
hereby declare that I recognize and accept the supreme
authority of the Philippines and will maintain true faith and
allegiance thereto; and that I impose this obligation upon
myself without mental reservation or purpose of evasion.”
The natural-born citizens of the Philippines who, after the
effectivity of the Act, become citizens of a foreign country
shall retain their Philippine citizenship upon taking the
aforesaid oath.
26. R.A 9225 otherwise known as the
“Citizenship Retention and Re-acquisition
Act of 2003”
DERIVATIVE CITIZENSHIP
The unmarried child, whether legitimate,
illegitimate or adopted, below 18 years of age, of
those who reacquire Philippine citizenship upon
effectivity of the Act shall be deemed citizens of the
Philippines.
27. RETENTION AND ACQUISITION OF
CITIZENSHIP CIVIL AND POLITICAL
RIGHTS AND LIABILITIES
Those who shall retain or re-acquire Philippine citizenship
under the Act shall enjoy full civil and political rights and
be subject to all attendants liabilities and responsibilities
under existing laws of the Philippines and the following
conditions:
Those intending to exercise their right of suffrage must
meet the requirement under Section 1, Article V of the
Philippine Constitution, RA 9189 otherwise known as ”
The Overseas Absentee Voting Act 2003 and other
existing laws.
28. Those seeking elective public office in the Philippines shall
meet qualification for holding such public office as required
by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and
sworn renunciation of any and all foreign citizenship before
any public officer authorized to administer oath;
Those appointed to any public office shall subscribe and swear
to an oath of allegiance to the Republic of the Philippines
and its duly constituted authorities prior to their
assumption of office, They must renounce their oath of
allegiance to the foreign country where they took that
oath;
Those intending to practice their profession in the Philippines
Shall apply with the proper authority for a license or permit
to engaged in such practice; and
29. The right to vote or be elected or appoint to any public
office in the Philippines cannot be extended to, those
who;
a. Are candidates for or are occupying any
public office in the country of which they are
naturalized citizens; and/or
b. Are in active service as commissioned or
noncommissioned officers in the armed forces of
the country of which they are naturalized.
30. WHAT IS THE EFFECT OF MARRIAGE OF A
CITIZEN TO ALIEN?
Under Section 4, a Filipino citizen who marries an
alien does not automatically lose his her citizenship, even
if his or her nationality was granted by his or her
husband’s or wife country.
Only by their act or omission are they deemed
under the law to have renounced their citizenship such
as taking an oath of allegiance to a foreign country.
If a Filipino woman marries an alien and acquires her
husband’s citizenship, she will possess two citizenships,
Philippine citizenship and that of her husband.
31. Section 5. Dual allegiance of citizens is
inimical to the national interest and shall
be dealt with by law.
What is an ALLEGIANCE?
Allegiance is loyalty owed by a person to his
state.
Section 5 prohibits more particularly naturalized Filipinos
from practicing what is called “dual allegiance” declaring it
inimical to national interests.
Note that what Section 5 prohibits is not dual
citizenship but dual allegiance of citizens. Dual citizenship
arises because of our laws cannot control laws of other
states of citizenship but dual allegiance can be a matter of a
personal choice or decision.
32. WHAT ARE THE DUTIES AND OBLIGATION OF
THE CITIZENS?
1. To be loyal to the republic. Loyal to implies faith and
confidence in the republic and love and devotion to the
country.
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 the duly constituted authorities.
6. To exercise right responsively with due regards to the rights
of others.
7. To engage in gainful work
8. To register and vote