Review Pointers in Political Science For Final Exams AC Cayetano Article IV Citizenship

1.

Definition of Terms.

1.1.

Citizenship is membership in a political community which is more or less permanent in nature and carries a concomitant rights and responsibilities. It is a membership of a citizen in a political society, which membership implies, reciprocally: a) a duty of allegiance on the part of the member, and b) a duty of protection on the part of the State. Nationality is membership in an ethnic, social, racial, and cultural group. It is the tie that binds an individual to his State from which he can claim protection, and whose laws he is obliged to obey. Citizen is a person having the title or status of citizenship, He is a member of a democratic community enjoying full civil and political rights and accorded protection inside and outside the territory of the State. Nationals are those persons who owes allegiance to a State, whether democratic or not, without thereby becoming citizens, or who are not citizens of the State at which they are residing and for which reason they owe allegiance to it. They are citizens who enjoy full civil and political privileges. Subject - is a member of a monarchial STATE. Alien or Foreigner - is a citizen of a country who is residing in or passing through another country.

1.2.

1.3.

1.4.

1.5. 1.6. 2.

Citizens of the Philippines (Section 1).

2.1.

Natural-Born Citizens: 1) Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship.

- Theories in the Acquisition of Citizenship:

Jus Solis citizenship is acquired through the place of birth. Jus Sanguinis citizenship is acquired through the citizenship of the parents.

- Philippine citizenship is based on Jus Sanguinis. 2) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. - Under the 1935 Philippine Constitution: A Filipino woman shall lose her Philippine citizenship: a. If she marries an alien.

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b. The law of the country of said alien automatically vests the citizenship of his country upon any foreign woman by virtue of a marriage. Effect of the Lost Citizenship Upon the Child. a. The child is a Filipino citizen only during minority. b. Upon reaching the age of majority (21 years old then), he has to elect Philippine citizenship within the period of one year, otherwise he loses this privilege.

2.2.

Citizens Through Election are those born of Filipino mothers before January 17, 1973 who upon reaching the age of majority elect Philippine citizenship pursuant to the provisions of the 1935 Constitution. Naturalized Citizens - are those who were originally citizens of another country, but who, by an intervening act like naturalization have acquired new citizenship in a different country.

2.3.

1) Naturalization the legal act of adopting an alien and clothing him with a privilege
of a native born citizen.

2) Substantive Requirements for Naturalization.

a. b. c. d. e. f. Age. Residence. Moral Character and Political Belief. Real Property or Lucrative Occupation. Language. Education of Children.

3) Procedural Requirements for naturalization.

a. b. c. d. e. f. Declaration of Intention. Filing of Petition. Hearing and Initial Judgment. Period of Probation. Rehearing. Final Judgment.

4) Modes of Naturalization: a. By Individual Proceedings, usually judicial, under the general naturalization
laws. b. By Special Act of the Legislature, often in favor of distinguished foreigners who have rendered some notable service to the local STATE. c. By Collective Change of Nationality, or naturalization en masse, as a result of cession or subjugation.

d. By Adoption of Orphan Minors, as nationals of the State where they are born. 5) Derivative Citizenship the citizenship acquired by the wife and minor children
resulting from the acquisition of Philippine citizenship by an alien through naturalization.

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2.4.

Citizens at the time of the Adoption of the Constitution - are those who are considered citizens of the Philippines under the 1935 and 1973 Constitutions at the time of the adoption of the 1987 Constitution.

3.

Natural-born Citizens (Section 2). 3.1. 3.2. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

4.

Lost and Re-acquisition of Philippine Citizenship (Section 3).

4.1.

Expatriation the voluntary or abandonment of ones citizenship and allegiance either by naturalization in a foreign country or by express or implied renunciation of Philippine citizenship. Repatriation the process of re-acquiring lost citizenship. Procedure of Repatriation: 1) Taking the necessary OATH OF ALLEGIANCE to the Republic of the Philippines. 2) REGISTRATION of such OATH in the proper CIVIL REGISTRY.

4.2. 4.3.

5.

Retention of Philippine Citizenship (Section 4). 5.1. Philippine citizenship is not lost by reason of marriage of a Filipino citizen with an alien whose law of the country in which he is a citizen will vest the former with the citizenship of said country. Exception: When the Filipino citizen performs an act or omits an act which constitutes an act of renouncing Philippine citizenship.

5.2.

6.

Dual Citizenship (Section 5).

6.1. 6.2. 6.3.

Dual Citizenship - refers to the status of a person who acquires the citizenship of two sovereign States either by reason of birth or marriage. Dual Allegiance - refers to the obligation of fidelity and obedience to two sovereign States. Declared Policy of the Philippines.

1) DUAL ALLEGIANCE is inimical to the national interest. 2) Section 5, Article IV of the 1987 Philippine Constitution is directed mainly to the
leading members of the Filipino-Chinese Community that: a. Continued to maintain their close ties with either the Republic of China (or Taiwan) or the Peoples Republic of China on the mainland through massive economic investments and open political activities there. b. Was even represented in the Legislative Yuan of Taiwan by the Federation of Filipino-Chinese Chamber of Commerce (FFCCC).

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6.4.

DUAL CITIZENSHIP: must be regulated or restricted by law where it is conducive or could lead to dual allegiance.

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