1. Art. IV Citizenship
Sec. 1. The following are 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 Jan. 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.
2. Sec. 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 citizens.
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 enjoys full civil
and political rights. They compose the political community.
3. Citizen and Alien
A citizen is a member of a democratic community who
enjoys full civil and political rights.
An alien is a citizen of a country residing in or passing
through another country. He is popularly known as a
“foreigner”. He is not given full rights to citizenship ( such
as the right to vote and to be voted upon) but is entitled to
receive protection as to his person and property by the
State.
4. Citizens By Birth:
There are 2 principles governing citizenship by birth
1. Jus sanguinis- Blood relationship is the basis for acquisition of
citizenship under this rule. The children follow the citizenship
of the parents or one of them. This is the principle used in the
Philippines.
2. Jus soli- Place of birth serves as the basis for the acquisition of
citizenship under this rule. A person becomes a citizen of the
State where he is born irrespective of the citizenship of the
parents. The U.S. uses this principle but may also recognize jus
sanguinis.
5. CERTAIN RIGHTS AND PRIVILEGES, DUTIES AND
OBLIGATIONS LIMITED TO FILIPINO CITIZENS
RIGHT TO VOTE
RIGHT TO OWN PRIVATE LANDS
These person must be natural-born citizens:
1. President
2. Vice-President
3. Supreme Court justices
4. Members of Congress
5. Members of any Constitutional Commissions (CSC, COMELEC, COA)
6. NATURALIZATTION
Is the act of formally adopting a foreigner into the political
body of the state and clothing him with the rights and
privileges of citizenship. It implies renunciation of a former
nationality and the fact of entrance to a similar relation
towards a new body politic.
WAYS OF ACQUIRING CITIZENSHIP
1. BY JUDGMENT OF THE COURT
2. BY DIRECT ACT OF CONGRESS
3. BY ADMINISTRATIVE PROCEEDINGS(R.A.9139 ) SPECIAL
COMMITTEE ON NATURALIZATION
7. Who are naturalized citizens?
Those who were originally citizens of another
country, but who, by an intervening act(like
naturalization) have acquired new citizenship in a
different country.
8. Sec. 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
R.A. 9225 or the “Citizenship Retention and Re-
Acquisition Act of 2003”passed on August 29, 2003
is a law which grants natural-born Filipinos who
have lost their citizenship through naturalization in a
foreign country, the opportunity to retain or re-
acquire their Filipino citizenship.
9. Rights of Filipinos who have re-acquired their citizenship:
1. Right to own real property in the Philippines.
2. Right to engage in business as a Filipino
3. Right to practice one’s profession in accordance with law
4. Right to acquire Philippine passport
5. Right to vote although one may vote in a foreign country
with the provisions of the Overseas Absentee Voting Act of
2003.
10. Oath of Allegiance
“I, (state your name) , solemnly swear 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 impose this obligation upon myself voluntarily without
mental reservation or purpose of evasion.”
11. Sec. 4. Citizens 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.
A Filipino who marries an alien does not automatically lose
his/her citizenship even if by the laws of his/her spouse’s
country , he/she acquires his/her nationality. Dual
citizenship may result.
12. Sec. 5. Dual allegiance of citizens is inimical to the national
interest and shall be dealt with by law.
This section does not prohibit dual citizenship but dual
allegiance.
Dual citizenship refers to the possession of 2 citizenships by
an individual. It is because of the application of laws of
other countries which we cannot control.
Dual allegiance is not allowed because you cannot be loyal
to 2 countries at the same time.
13. Statelessness
A stateless person is any person who is not considered as a
national by any state through its nationality laws or
constitution.
Example: dissolution of the Soviet Union and partition of
East and West Pakistan
Conflict of laws where an individual is born to a father and
a mother of different nationalities and the laws to grant
nationality by the mother and father is different.
