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ARTICLE 4CITIZENSHIP
2. 2. "Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for
allher modest resources compared to those of other states, is a jealous and possessive
mother demanding total love and loyalty from her children. -Justice Isagani Cruz3. 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 obligations on the part of both the individual and the state itself.
4. 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 and outside the
territory of the State.
5. 5. WHAT IS THE DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY 1. Citizenship
is membership in a democratic or political community, whereas nationality is membership in
any political community whether monarchial, autocratic or democratic; 2. Citizenship follows
the exercise of civil and political rights whereas nationality does not necessarily carry with it
the exercise of political rights; 3. A person can be a citizen of one country and a national of
another.
6. 6. How is the term National distinguished fromNationality? 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. 7. WHAT IS A SUBJECT? Usually implies membership in a monarchial society. A subject
does not enjoy civil and political rights.
8. 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. 9. WHAT ARE THE GENERAL WAYS OFACQUIRING CITIZENSHIP? 1. Involuntary Method
2. Voluntary Method
10. 10. INVOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP 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 sovereign in the absence of treaty stipulations to the
contrary. Through direct legislative grant.
11. 11. VOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP 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. 12. WHAT ARE THE TWO PRINCIPLESGOVERNING CITIZENSHIP BY BIRTH? Jus
Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of

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the parents. This prevails in the Philippines. Jus soli. Citizenship by virtue of the place of
birth. A person becomes a citizen of the state where he is born irrespective of the citizenship
of the parents. This principle prevails in the United States.
13. WHO ARE THE CITIZENS OF THEPHILIPPINES? 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. WHAT ARE THE DIFFERENT KINDS OFCITIZENS UNDER THE CONSTITUTION?
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 NATURALBORN CITIZENS? Section 2 provides that
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 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 rights 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 QUALIFICATIONS FORNATURALIZATION? 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 qualifications: 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 residence 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 schools
recognized y 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 of him, prior to the hearing of his petition for naturalization as citizen.
19. The residence requirement of ten years is reduced to five years under any of 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 Philippines3. If the petitioner is married to

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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 persons
of a particular nationality or race in the Philippines for two years.
20. Section 3. Philippine citizenship may be lost orreacquired in the manner provided by law.
HOW FILIPINO CITIZENSHIP MAY BE LOST? Filipino citizen may lose his citizenship in any
of the following ways: 1. Voluntary A. By Naturalization in a foreign country B. By express
renunciation of citizenship (expatriation) 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
ones nationality is called EXPATRIATION
21. 2. InvoluntaryA. By cancellation of his certificate of naturalization by the courtB. By
having been declared by competent authority a deserter of the Philippine armed forces in
times of war.
22. WHAT ARE THE GROUNDS FOR REACQUIRING LOSTPHILIPPINE CITIZENSHIP? 1.
By naturalization 2. By repatriation 3. By direct act of congress
23. RETENTION AND ACQUISITION OFCITIZENSHIP Under R.A. 9225 otherwise known
as the Citizenship Retention and Re- acquisition Act of 2003 which was approved in August
29, 2003, natural born citizens of the Philippines who have lost their Philippine Citizenship by
reason of naturalization as citizens of a foreign country are deemed to have reacquired
Philippine citizenship upon taking an oath of allegiance to the Philippine Republic
24. R.A. 9225 otherwise known as the CitizenshipRetention 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 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 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.
25. R.A. 9225 otherwise known as the Citizenship Retentionand 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.
26. RETENTION AND ACQUISITION OF CITIZENSHIPCIVIL AND POLITICAL RIGHTS
AND LIABILITIESThose who shall retain or re-acquire Philippine citizenship under the 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 requirement under Section 1,
Article V of the Philippine Constitution, RA 9189 otherwise known as The Overseas
Absentee Voting Act of 2003 and other existing laws.
27. 2. Those seeking elective public office 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

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all foreign citizenship before any public officer authorized to administer 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. They must renounce their oath of allegiance to the foreign 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 engaged in such practice; and
28. 5. The right to vote or be elected or appointed 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.
29. WHAT IS THE EFFECT OF MARRIAGE OFA CITIZEN TO AN ALIEN? Under Section
4, a Filipino citizen who marries an alien does not automatically lose his or her citizenship,
even if his or her nationality was granted by his or her husbands or wifes 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 husbands citizenship, she will possess two citizenships, Philippine citizenship
and that of her husband.
30. Section 5. Dual allegiance of citizens is inimical to thenational 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 our laws
cannot control laws of other states on citizenship but dual allegiance can be a matter of
personal choice or decision.
31. WHAT ARE THE DUTIES ANDOBLIGATION OF THE CITIZENS? 1. To be loyal to the
republic. Loyalty 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 rights responsively with due regards to the rights of others. 7. To
engage in gainful work 8. To register and vote
32. QUESTION: Fernado Poe Jr. (FPJ), presidential candidate in the 2004 national election,
was born before January 17, 1973 out of wedlock to American Bessie Kelley and allan
Fernando Poe, Sr. a Filipino citizen. Atty. Victorino Fornier filed a petition to disqualify FPJ for
not being a Filipino citizen. Fornier argued that since FPJ is an illegitimate child, he must
follow the citizenship of his American mother.Is the status of the child born under the terms of
the 1935 Constitution material in determining his citizenship?ANSWER: No. Under the 1935
constitution, those whose fathers are citizens of the Philippines are Filipino citizens. The
provision makes no distinction between legitimate and illegitimate children of Filipino fathers.
33. EXERCISESDetermine the citizenship of the child with the following conditions:1. The
father and mother are Filipino citizens.2. The father is a former American citizen and was
naturalized as Filipino and the mother is American citizen.3. The father was born in the
Philippines on December 25, 1970 whose father is a US navy and a Filipina mother; failed to

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elect his citizenship.4. The child was born in the Philippines whose parents are Germans.5.
The child was born inside the Philippine Airlines of American parents.6. The parents are both
Chinese and were naturalized as Filipino citizens and their child was born in the
Philippines.7. The child was born in Los Angeles of a Filipina mother and American father.8.
Filipino couples migrated to US and acquire US citizenship and had children there.
34. ARTICLE VSUFFRAGE
35. SECTION 1. Suffrage may beexercised by all citizens of the Philippinesnot otherwise
disqualified by law, who areat least eighteen years of age, and whoshall have resided in the
Philippines for atleast one year and in the place wherethey propose to vote for at least
sixmonths immediately preceding theelection. No literacy, property, or othersubstantive
requirement shall be imposedon the exercise of suffrage.
36. MEANING OF SUFFRAGE It is a right and obligation to vote of qualified citizens in the
election of certain national and local officers of the government and in the decision of public
questions submitted to the people.
37. NATURE OF THE RIGHT OF SUFFRAGE 1. A MERE PRIVILEGE. Suffrage is not a
natural right of the citizens by merely a privilege to be given or withheld by the lawmaking
power subject to constitutional limitations. Suffrage should be granted to individuals only
upon the fulfillment of certain minimum conditions deemed essential for the welfare of
society. 2. A POLITICAL RIGHT. In the sense of a right conferred by the Constitution,
suffrage is classified as a political right, enabling every citizen to participate in the process of
government to assure that it derives the powers from the consent of the governed.
38. QUALIFICATIONS OF VOTERS A person is qualified to vote if he is: 1. A citizen (male or
female) of the Philippines 2. Not otherwise disqualified by law 3. At least 18 years of age;
and 4. Have resided in the Philippines for at least one (1) year and in the place wherein he
proposes to vote for at least six (6) months preceding the election.
39. PERSONS DISQUALIFIED TO VOTE1. Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one (1) year, such disability not having
removed by plenary pardon or granted amnesty. But such person shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence.2. Any person
who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to duly constituted government such as rebellion,
sedition, violation of the anti-subversion and fire-arms laws or any crime against national
security unless restored to his full civil and political rights in accordance with law. Such
person shall likewise automatically regain his right to vote upon expiration of five (5) years
after service of sentence3. Insane or incompetent persons as declared by competent
authority.
40. SCOPE OF SUFFRAGE1. Election It is the means by which the people choose their
officials for definite and fixed periods and to whom they entrust, for the time being as their
representatives, the exercise the powers of government;2. Plebiscite It is the name given to a
vote of the people expressing their choice for or against a proposed law or enactment
submitted to them. The term also applied to an election at which any proposed amendment
to, or revision of, the Constitution is submitted to the people for their ratification. A plebiscite

is also required by the Constitution to secure the approval of the people directly affected
before certain proposed changes affecting local government units may be implemented.
41. 41. SCOPE OF SUFFRAGE3. REFERENDUM It is the submission of the law or part thereof
passed by the national or local legislative body to the voting citizens of a country for their
ratification or rejection4. INITIATIVE It is the process whereby the people directly propose
and enact laws.5. RECALL It is a method by which a public officer may be removed from
office during his tenure or before the expiration of his term by avote of the people after
registration of a petition signed by a required percentage of the qualified voters
42. 42. EXERCISE ON SUFFRAGE At the age of 6, Juan de la Cruz, a Filipino, migrated to US
with his family and acquired citizenship there. Not so happy with his life in US, he returned
after ten years to the Philippines on June 12, 2009 and decided to reside in Makati while
waiting for the approval of his petition for the reacquisition of his Filipino citizenship. After six
months of waiting, his petition was finally granted by Makati RTC and restored his Filipino
citizenship. Afterwards, on January 7, 2010 he went back to his hometown Victoria, Laguna
to permanently reside there and start anew. However, he noticed that little things have
changed since he left for US 10 years ago. Widespread poverty is still evident on the life of
the people of Victoria. On that year, the national election will be held on May 11, 2010 and he
decided that he will register and vote on that election so that there will be a changed in the
socio-economic condition of his town.1. Will he be allowed to register and vote by the
COMELEC Officer of the Municipality of Victoria, Laguna? Explain the reasons.