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citizenship

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citizenship

  1. 1. CULABAN, VIRGILIO A. DEL ROSARIO, BELINDA L. EMBING, ERIKA A.
  2. 2. Citizenship - civil rights - political rights - social rights Theories of Citizenship: Jus Sanguinis – blood relationship Jus Soli or Loci – place of birth Jure Matrimonii - marriage
  3. 3. Citizen – a person having title of citizenship; enjoys full civil and political rights Kinds of Citizen: 1. Natural born citizen – Filipino from birth 2. Naturalized citizen – either born in or outside the Philippines to non-Filipino parents
  4. 4. Naturalization – a process by which a foreigner is adopted and clothed with the privileges of a citizen through qualifications based on: a. Republic Act 9139, Administrative Naturalization Law - born in the Philippines and residing therein since birth b. Commonwealth 473, Revised Naturalization Law - either born in or outside of the Philippines, provided that they comply with the minimum 10 years residency c. Republic Act 10356 & 10148, Legislative naturalization – granted for who have rendered outstanding service and significantly contributed to the development of the country and of the Filipino people
  5. 5. Privileges of Citizens: 1. Right of suffrage 2. Right to hold public office – for natural born citizen 3. Right to hold land of public domain 4. Right to exploit natural resources 5. Right to operate public utilities
  6. 6. A FILIPINO MAY LOSE HIS CITIZENSHIP: Voluntarily - By naturalization in a foreign country - By express renunciation of citizenship - By subscribing to an oath of allegiance to support the constitution and laws of a foreign country - By rendering service to or accepting commission in Armed Forces in time of war EXPATRIATION – the voluntarily loss or renunciation of one’s nationality (not in time of war)
  7. 7. REACQUISITION OF LAST PHILIPPINE CITIZENSHIP - By naturalization - By repatriation of deserters of the Philippines armed forces and women who lost their citizenship by reason of marriage - By direct act of Congress REPATRIATION – is affected by merely taking the necessary oath of allegiance to the Republic of the Philippines
  8. 8. ARTICLE IV CITIZENSHIP Section 1.The following are citizen of the Philippines (1) Those who are citizens of the Philippines at the time of the adaption of the 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.
  9. 9. Section 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 citizen. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. • A Filipino may lose his citizenship: a.Voluntarily b. Involuntarily • A Filipino may reacquire his citizenship by: a. Naturalization b. Repatriation
  10. 10. Section 4. Citizen 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. Section 5. Dual allegiance of citizen is inimical to the national interest and shall be dealt with by law.
  11. 11. CONGRESS OF THE PHILIPPINES TWELFTH CONGRESS THIRD REGULAR SESSION REPUBLIC ACT NO. 9225 Begun held in Metro Manila on Monday, the twenty-eighth day of July, two thousand three. AN ACT MAKINGTHE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT. AMENDING FORTHE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
  12. 12. Section 1. ShortTitle – this act shall be known as the "Citizenship Retention and Re-acquisitionAct of 2003." Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic: "I _____________________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws 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 imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion." Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. Section 4. Derivative Citizenship -The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.
  13. 13. Section 5. Civil and Political Rights and Liabilities -Those who retain or re-acquire Philippine citizenship under this 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: (1)Those intending to exercise their right of suffrage must Meet the requirements under Section 1, ArticleV of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas AbsenteeVoting Act of 2003" and other existing laws; (2)Those seeking elective public in the Philippines shall meet the 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 an oath; (3)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: Provided,That they renounce their oath of allegiance to the country where they took that oath; (4)Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and (5)That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or 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 non-commissioned officers in the armed forces of the country which they are naturalized citizens.
  14. 14. SEC. 6. Separability Clause – If any section or provision of this Act is held unconstitutional or invalid, any other section or provision not affected thereby shall remain valid and effective. SEC. 7. Repealing Clause – All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or two (2) newspapers of general circulation. APPROVED: (SGD.) JOSE DEVENECIA JR. (SGD.) FRANKLIN M. DRILON Speaker of the House of Representative President of the Senate - Passed by the Senate and the House of Representatives on August 25, 2003 and August 26, 2003 respectively. ( SGD.) ROBERTO P. NAZARENO (SGD.) OSCAR G.YABES
  15. 15. FREQUENTLY ASKED QUESTIONS RELATING TO THE REACQUISITION OF PHILIPPINE CITIZENSHIP UNDER R.A. 9225 1. Eligible Citizens Natural-born Filipinos who have lost their Philippine citizenship by naturalization in a foreign country, and their unmarried children who are below 18 years of age are eligible. 2. Procedure in applying and documents required a.) Birth Certificate issued or duly authenticated by the National Statistics Office (NSO) in Manila. b.) "Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225" and attaches three 2 x 2 photographs. c.) Applicant submits duly-accomplished petition to the Philippine Consulate General in Chicago together with the photos, birth certificate and a valid ID.
  16. 16. d) Processing fee of US $ 50.00. And is assigned a schedule for his/her oath of allegiance before a consular officer. Applicant takes his/her oath. e) Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General f)The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification of Certificate. g)The Bureau of Immigration issues an Identification Certificate and forwards it to the applicant through the Philippine Consulate General.
  17. 17. DUAL CITIZENS ENJOYS… 1. right of suffrage by meeting the requirements under Section 1, ArticleV, Republic Act No. 9189, known asThe Overseas AbsenteeVoting act of 2003 2. right to vote or be elected if they are not candidates or occupying public office, and if they are not officers in the armed forces of the country which they are naturalized citizens 3. right to be elected by meeting the qualifications required by the Constitution and other laws 4. being appointed to any public office by swearing to an oath of allegiance to Philippines, and by swearing renunciation of their foreign citizenship
  18. 18. AS A DUAL CITIZEN, I CAN (MAY)… 1. own land without the limitation as to it’s area or size 2. stay in the Philippines for as long as I want, yet I still have my duties and obligations just like ordinary Filipinos, such as paying taxes 3. no longer pay income taxes derived from sources abroad 4. practice my profession with accordance to the application for license or permit to engage onto it 5. ask more through the Bureau of Immigration

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