1.

Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
- referring to those who were already Filipinos under the 1973 Constitution and were still
citizens at the time of the passage of the 1987 Constitution.

2. Those whose fathers or mothers are citizens of the Philippines.

- Child whos parent is a Filipino is considered as Filipino. This is based on the Jus
Sanguinis Principle.

3. Those born before January 17, 1973, of Filipino mothers,

who elect Philippinecitizenship upon reaching the age of majority.
- To clean up the mess of the 1935 Constitution which say that if a Filipina married
a Foreigner her child is not a Filipino, this sub paragraph was made. This state that
anyone born before January 17, 1973 of Filipino mother is a Filipino.

4. Those who are naturalized in accordance with law.

- This Naturalization process can be given by Judicial, Administrative Process or
by the Act of the Congress thru Republic Act.

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.

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.
Natural Born and Naturalized Citizens.

a natural born citizen is someone who is already a Filipino at the time of his birth and
does not have to do anything to acquire or perfect his citizenship. In other words, he is a
Filipino by birth.

On the other hand, a naturalized citizen is someone who was once a foreigner then later
on became a Filipino by legal fiction.

The Principles in Acquiring Citizenship

1. Jus Sanguinis- a principle which talks about the parents of a child. If the parent/s
of a child is a Filipino he is considered as Filipino. This principle is being practiced in
Philippines.

2. Jus Soli/Loci- a principle which tends to determine a childs citizenship by

referring to childs birth place. Example in America, when a Filipino got a child in
America, his child is considered to be an American Citizen. This is not being practiced in
the Philippines.

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.

WHAT ARE THE GENERAL WAYS OFACQUIRING CITIZENSHIP?

1. Involuntary Method 2. Voluntary Method

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.

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

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.
Lost and Reacquisition of Citizenship
1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that Philippine
citizenship may be lost or reacquired in the manner provided by law. There are two
laws which provide the manner of loss of citizenship. First is Commonwealth Act No.
63 which provides that citizenship is lost by naturalization in another country, by
express renunciation of citizenship, by subscribing to an oath of allegiance to support
the constitution and laws of another country, by rendering service to a foreign armed
forces, and by deserting the armed forces of the Philippines. Second is Commonwealth
Act No. 473 which states that citizenship is lost by cancellation of certificate of
naturalization by court, by permanent residence in the country of origin for a period of
five years from the time of naturalization, by an invalid declaration of intent in the
petition, by failure to with the educational requirements of the minor children, and by
allowing oneself to used by a foreigner.
2. Reacquisition of Citizenship. As far as reacquisition of citizenship is concerned,
Commonwealth Act No. 63 also provides that citizenship which was lost may be
reacquired by naturalization, by a direct act of Congress, or by repatriation.
(a) Naturalization may be applied for by a former Philippine citizen who lost his
citizenship under any of the aforesaid ways. For example, Pedro was a Filipino who
became a naturalized citizen in another country, and as a result he lost his Philippine
citizenship. If he applies for naturalization and later on the court gave him a decree of
naturalization, then he reacquires his Philippine citizenship.
(b) The Congress can also reinstitute, by means of a law, citizenship to those who lost
it.
(c) Repatriation is accomplished by taking the necessary oath of allegiance to the
Republic of the Philippines and then registering the same in the proper Civil Registry
and in the Bureau of Immigration. This is available to women who have lost their
citizenship through marriage to aliens, those who lost their citizenship on account of
economic and political necessity not otherwise disqualified by law, and deserters of the
Armed Forces of the Philippines.
4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an alien is not a
ground for losing Philippine citizenship, unless there is implied or express renunciation
through acts or omissions.

Dual citizenship happens when an individual is a citizen of two countries because the
laws of both countries confer upon him membership to their State. For example, if
Pedros parents are Filipinos and he is born in United State of America, he acquires
Philippine citizenship under the principle of jus sanguinis and American citizenship
under the principle of jus soli. Thus, he has dual citizenship because of the respective
laws of the two countries. Another example is when a Filipino marries a foreigner and
thereby acquires the citizenship of the spouse, there is also dual citizenship. The
Philippines cannot prohibit dual citizenship because its laws cannot control the laws of
other states. It is dual allegiance that is prohibited because it is intentional while dual
citizenship is generally unintentional, in that it is only accidentally cause by birth in a
foreign state or marriage with a foreigner.

Section 5. Dual allegiance of citizens is inimical to the national 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.

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