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Article IV : Citizenship
What comes into your mind when
you hear the word “Citizenship”?
What is Citizenship?
• It is a term denoting membership of a citizen
in a political society. (De Leon)
• The duties and responsibilities that come with
being a member of a community. (Microsoft®
Encarta® 2008)
• A duty of allegiance on the part of the
member and duty of protection in the part of
the state.
Section 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 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.
Kinds of Filipino Citizen
• Natural – Born Citizen of the Philippines
• The Citizen by Election
– The citizen by election will fall to Natural Born
Citizen on the time of election.
• Naturalized Citizen
Two modes of Acquiring Citizenship
• Natural Born
• Naturalized citizens
Natural- Born Citizen
– Citizens of the Philippines from birth without
having any act to acquire of perfect their
Philippine citizenship.
• The citizen is a Filipino without interruption
• True natural born citizen under the 1987 constitution
Natural- Born Citizen
• Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
– Those who elect Philippine Citizen upon reaching
the age of maturity.
– A citizen acquiring citizenship by election is not a
true natural born citizen, from birth to the time he
elects, he is an alien.
Meaning of Alien
• Non-citizen resident of country: a citizen of a
country other than the one he or she is
currently in. (Microsoft® Encarta® 2008)
• A citizen of a country who is residing in or
passing through another country
• Popularly called “Foreigner.”
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 citizens.
Naturalized Citizen
• Principle of citizenship based on jus sanguinis
• The process of making an alien citizen and
giving him the rights or priviledges of a citizen.
• Proceeding in the court to acquire Filipino
Citizenship
Ways of Acquiring Citizenship
• Birth
• Judicial Decision
• Naturalization
• Marriage
• Legislation
Citizens by Birth
• There are two principles that govern
citizenship by birth:
1. Jus Sanguinis – Blood relationship is the basis for
the acquition of citizenship.
- The children follow the citizenship of their parents of
one of them.
- The child of an unmarried Filipino woman with an
alien father is a Filipino.
2. Jus Soli or Jus loci – The place of birth serves as the
basis for acquiring citizenship.
- A person becomes a citizen of a state where he is born
irrespective of the citizenship of the parents.
- A child born in the Philippines of foreign parents is a
Filipino.
- One born in the Philippines of American parents is also a
Filipino Citizen.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
Judicial Decision
• It is the determination by a court of
competent jurisdiction on matters submitted
to it.
• The administration of justice according to
established rules and principles.
Citizens by Naturalization
• Naturalization if the act of formally adopting a
foreigner into the political body of the state
and clothing him with the rights and
priviledges of citizenship.
• The renunciation if the former nationality and
the fact of entrance to similar relationship
towards a new body politic.
Section 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.
Citizens by Marriage
• Marriage of a Filipino Citizen (whether male or
female) to an alien spouse does not make
Filipino an alien nor the husband or wife, an
alien, a Filipino.
• The Filipino citizenship is retained unless by
the act or omission of the Filipino, renouncing
his or her citizenship.
Citizenship by Legislation
• Philippine citizenship maybe lost or acquired
in the manner provided by law; under the
general authority of congress that legislative
power is vested in it.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
Importance of Philippine Citizenship
• Right to hold public positions
• Qualified for appointment for positions
reserved for citizens.
• A natural born citizen or naturalized citizen
can engage in retail business ; acquire private
land, vote during election, plebecite or other
political exercises ; to be protected by the
government even when abroad
Naturalization
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
• The congress under its general legislative
power can pass laws governing the acquisition
and loss of citizenship.
• The present Naturalization law of the
Philippines is Commonwealth Act No. 473.
Commonwealth Act No. 473
An act to provise for the acquisition of
Philippine citizenship by naturalization, and
to repeal acts numbered twenty-nine
hundres and twenty-seven and thirty-four
hundred and forty-eight.
Qualitfications for
Philippine Naturalization
• Under Section 2 of the Revised Naturalization
Law the applicant must possess the following
qualifications:
– He must not be less than twenty-one years of age
on the day of the hearing of the petition;
– He must have resided in the Philippines for a
continuous period of not less than ten years;
– 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 residence in the Philippines in
his relation with the constituted government as
well as with the community in which he is living;
– He must own real estate in the Philippines worth
not less than five thousand pesos, Philippine
currency, or must have some known lucrative
trade, profession, or lawful occupation;
– He must be able to speak or write English or
Spanish or anyone of the principal languages;
– He must have enrolled his minor children of
school age in any of the public or private schools
recognized by the Bureau of Public Schools of the
Philippines where Philippine history, government
and civics are taught or prescribed as part of the
school curriculum, during the entire period of the
residence in the Philippines required of him prior
to the hearing of the petition for naturalization as
Philippine citizen;
Residence Reduced to Five Years
• The ten year residence requirement is
reduced to five years when the applicant
possesses any of the following special
qualifications :
1. Having honorably held office under the
Government of the Philippines or under that
of any of the provinces, cities, municipalilities,
or political subdivisions thereof.
2. Having established a new industry or
introduced a useful invention in the
Philippines.
3. Being married to a Filipino woman.
4. Having been engaged as a teacher in the
Philippines in a public or a recognized private
school not established for the exclusive
instruction of children of persons of a
particular
nationality or race, in any of the branches of
education or industry for period not less than
two years.
5. Having been born in the Philippines
Who are not qualified to apply for
naturalization of the Revised
Naturalization Law?
Under Section of 4 of the Revised Naturalization
Law, the following persons cannot qualify for
Philippine citizenship:
1. Persons opposed to organized government or
affiliated with any association or group of
persons who uphold and teach doctrines
opposing all organized governments;
2. Persons defending or teaching the necessity
or propriety of violence, personal assault, or
assassination for the success and
predominance of their ideas;
3. Polygamists or believers in the practice of
polygamy;
4. Persons convicted of crimes involving moral
turpitude;
5. Persons suffering from mental alienation or
incurable contagious diseases;
6. Persons who during the period of their stay in
the Philippines, have not mingled socially with
the Filipinos, or who have not evinced a
sincere desire to learn and embrace the
customs, traditions, and ideals of the Filipinos;
7. Citizens or subjects of nations with whom the
Philippines is at war
8. Citizens or subjects of a foreign country other
than the United States, whose laws do not
grant Filipinos the right to become naturalized
citizens or subject thereof;
Requirement to File Declaration if
Intention to become Filipino
• File bona fide intention to become a citizen of
the Philippines in the Rehional Trial Court on
the place where the person is residing.
• He must submit his name, age, occupation,
personal description, place of birth, last
foreign residence and allegiance, date od
arrival, name of the vessel or aircraft.
• No declaration shall be valid until lawful entry
for permanent residence was established
(filing of documentary proof).
• The declarant must also state that he has
enrolled his minor children if any in any of the
public or private school recognized by the
government.
• Must submit two photographs of himself.
Persons exempted from filing
Declaration of Intention
1. Persons born in the Philippines and have
received their primary and secondary
education in public school or private school
recognized by the governmenr and not
limited to any race of nationality.
2. Those who hace resided continuously in the
Philippines for thirty years or more before
filing their application; with the added
requirements that they have given primary
primary and secondary education to their
children in the public schools or in private
schools recognized by the government and
not limited to any nationality or race;
3. Widow and minor children of an alien who
has declared his intention to become a citizen
if the Philippines and dies before he is actually
naturalized.
Taking of Oath by Applicant
• The court upon motion of the Petitioner, will
conduct hearing after two years from the
decision becomes final. If the court finds and
it is satisfied that the petitioner during the
intervening period :
1. Has not left the Philippines
2. Has dedicated himself continuously to a
lawful calling profession
3. Has not been convicted to any offense of
violation of governement promulgated rules.
4. Has not committed any act of prejudicial to
the interest or the nation or contrary to any
government announced policies.
Effects of Naturalization ApplicATION
• Applicant becomes entitled to all rights and
privileges of citizens, and not reserved to
natural-born Filipinos.
• Legitimate minor children to all rights and
privileges of citizens, and not reserved to
natural born Filipinos.
• Wife of a petitioner becomes ipso facto
Filipino citizens provided she can be lawfully
naturalized. Provided she can be lawfully
naturalized means that the wife has no
disqualification. She does not need to have
the qualifications for naturalization.
• Citizen us not acquired by adoption. An
adopted alien by Filipino adopter does not
become a Filipino because of the adoption.
• If one of the spouse Filipinos becomes an
alien, the other retains his/her Philippine
citizenship unless by an act or commision
he/she is deemed under the law to have
renounced the Philippines citizenship.
• Philippines citizenship, whether by
naturalization or natural-born can not be cast
or renounced in times of war.

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Citizenship

  • 1. Article IV : Citizenship
  • 2. What comes into your mind when you hear the word “Citizenship”?
  • 3. What is Citizenship? • It is a term denoting membership of a citizen in a political society. (De Leon) • The duties and responsibilities that come with being a member of a community. (Microsoft® Encarta® 2008) • A duty of allegiance on the part of the member and duty of protection in the part of the state.
  • 4. Section 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 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.
  • 5. Kinds of Filipino Citizen • Natural – Born Citizen of the Philippines • The Citizen by Election – The citizen by election will fall to Natural Born Citizen on the time of election. • Naturalized Citizen
  • 6. Two modes of Acquiring Citizenship • Natural Born • Naturalized citizens
  • 7. Natural- Born Citizen – Citizens of the Philippines from birth without having any act to acquire of perfect their Philippine citizenship. • The citizen is a Filipino without interruption • True natural born citizen under the 1987 constitution
  • 8. Natural- Born Citizen • Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. – Those who elect Philippine Citizen upon reaching the age of maturity. – A citizen acquiring citizenship by election is not a true natural born citizen, from birth to the time he elects, he is an alien.
  • 9. Meaning of Alien • Non-citizen resident of country: a citizen of a country other than the one he or she is currently in. (Microsoft® Encarta® 2008) • A citizen of a country who is residing in or passing through another country • Popularly called “Foreigner.”
  • 10. 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 citizens.
  • 11. Naturalized Citizen • Principle of citizenship based on jus sanguinis • The process of making an alien citizen and giving him the rights or priviledges of a citizen. • Proceeding in the court to acquire Filipino Citizenship
  • 12. Ways of Acquiring Citizenship • Birth • Judicial Decision • Naturalization • Marriage • Legislation
  • 13. Citizens by Birth • There are two principles that govern citizenship by birth: 1. Jus Sanguinis – Blood relationship is the basis for the acquition of citizenship. - The children follow the citizenship of their parents of one of them. - The child of an unmarried Filipino woman with an alien father is a Filipino.
  • 14. 2. Jus Soli or Jus loci – The place of birth serves as the basis for acquiring citizenship. - A person becomes a citizen of a state where he is born irrespective of the citizenship of the parents. - A child born in the Philippines of foreign parents is a Filipino. - One born in the Philippines of American parents is also a Filipino Citizen.
  • 15. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
  • 16. Judicial Decision • It is the determination by a court of competent jurisdiction on matters submitted to it. • The administration of justice according to established rules and principles.
  • 17. Citizens by Naturalization • Naturalization if the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and priviledges of citizenship. • The renunciation if the former nationality and the fact of entrance to similar relationship towards a new body politic.
  • 18. Section 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.
  • 19. Citizens by Marriage • Marriage of a Filipino Citizen (whether male or female) to an alien spouse does not make Filipino an alien nor the husband or wife, an alien, a Filipino. • The Filipino citizenship is retained unless by the act or omission of the Filipino, renouncing his or her citizenship.
  • 20. Citizenship by Legislation • Philippine citizenship maybe lost or acquired in the manner provided by law; under the general authority of congress that legislative power is vested in it. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
  • 21. Importance of Philippine Citizenship • Right to hold public positions • Qualified for appointment for positions reserved for citizens. • A natural born citizen or naturalized citizen can engage in retail business ; acquire private land, vote during election, plebecite or other political exercises ; to be protected by the government even when abroad
  • 22. Naturalization Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. • The congress under its general legislative power can pass laws governing the acquisition and loss of citizenship. • The present Naturalization law of the Philippines is Commonwealth Act No. 473.
  • 23. Commonwealth Act No. 473 An act to provise for the acquisition of Philippine citizenship by naturalization, and to repeal acts numbered twenty-nine hundres and twenty-seven and thirty-four hundred and forty-eight.
  • 24. Qualitfications for Philippine Naturalization • Under Section 2 of the Revised Naturalization Law the applicant must possess the following qualifications: – He must not be less than twenty-one years of age on the day of the hearing of the petition; – He must have resided in the Philippines for a continuous period of not less than ten years;
  • 25. – 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 residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;
  • 26. – He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation; – He must be able to speak or write English or Spanish or anyone of the principal languages;
  • 27. – He must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Public Schools of the Philippines where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of the petition for naturalization as Philippine citizen;
  • 28. Residence Reduced to Five Years • The ten year residence requirement is reduced to five years when the applicant possesses any of the following special qualifications : 1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalilities, or political subdivisions thereof.
  • 29. 2. Having established a new industry or introduced a useful invention in the Philippines. 3. Being married to a Filipino woman. 4. Having been engaged as a teacher in the Philippines in a public or a recognized private school not established for the exclusive instruction of children of persons of a particular
  • 30. nationality or race, in any of the branches of education or industry for period not less than two years. 5. Having been born in the Philippines
  • 31. Who are not qualified to apply for naturalization of the Revised Naturalization Law? Under Section of 4 of the Revised Naturalization Law, the following persons cannot qualify for Philippine citizenship: 1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
  • 32. 2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas; 3. Polygamists or believers in the practice of polygamy; 4. Persons convicted of crimes involving moral turpitude;
  • 33. 5. Persons suffering from mental alienation or incurable contagious diseases; 6. Persons who during the period of their stay in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
  • 34. 7. Citizens or subjects of nations with whom the Philippines is at war 8. Citizens or subjects of a foreign country other than the United States, whose laws do not grant Filipinos the right to become naturalized citizens or subject thereof;
  • 35. Requirement to File Declaration if Intention to become Filipino • File bona fide intention to become a citizen of the Philippines in the Rehional Trial Court on the place where the person is residing. • He must submit his name, age, occupation, personal description, place of birth, last foreign residence and allegiance, date od arrival, name of the vessel or aircraft.
  • 36. • No declaration shall be valid until lawful entry for permanent residence was established (filing of documentary proof). • The declarant must also state that he has enrolled his minor children if any in any of the public or private school recognized by the government. • Must submit two photographs of himself.
  • 37. Persons exempted from filing Declaration of Intention 1. Persons born in the Philippines and have received their primary and secondary education in public school or private school recognized by the governmenr and not limited to any race of nationality. 2. Those who hace resided continuously in the Philippines for thirty years or more before filing their application; with the added requirements that they have given primary
  • 38. primary and secondary education to their children in the public schools or in private schools recognized by the government and not limited to any nationality or race; 3. Widow and minor children of an alien who has declared his intention to become a citizen if the Philippines and dies before he is actually naturalized.
  • 39. Taking of Oath by Applicant • The court upon motion of the Petitioner, will conduct hearing after two years from the decision becomes final. If the court finds and it is satisfied that the petitioner during the intervening period : 1. Has not left the Philippines 2. Has dedicated himself continuously to a lawful calling profession
  • 40. 3. Has not been convicted to any offense of violation of governement promulgated rules. 4. Has not committed any act of prejudicial to the interest or the nation or contrary to any government announced policies.
  • 41. Effects of Naturalization ApplicATION • Applicant becomes entitled to all rights and privileges of citizens, and not reserved to natural-born Filipinos. • Legitimate minor children to all rights and privileges of citizens, and not reserved to natural born Filipinos. • Wife of a petitioner becomes ipso facto Filipino citizens provided she can be lawfully naturalized. Provided she can be lawfully
  • 42. naturalized means that the wife has no disqualification. She does not need to have the qualifications for naturalization. • Citizen us not acquired by adoption. An adopted alien by Filipino adopter does not become a Filipino because of the adoption. • If one of the spouse Filipinos becomes an alien, the other retains his/her Philippine
  • 43. citizenship unless by an act or commision he/she is deemed under the law to have renounced the Philippines citizenship. • Philippines citizenship, whether by naturalization or natural-born can not be cast or renounced in times of war.