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Article IV

Article IV

Article IV
Article IV
Article IV
Article IV
 The following are citizens of the Philippines: ◦ Those who are citizens of the

The following are citizens of the Philippines:

Those who are citizens of the Philippines at the time of the adoption of this Constitution;

Those whose fathers or mothers are citizens of the Philippines;

Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and

Those who are naturalized in the accordance with law.

 Citizen ◦ An individual having the title of citizenship  Enjoys full civil and

Citizen

An individual having the title of citizenship

Enjoys full civil and political privileges

Citizenship

Connotes membership in a political society

Implies a duty of allegiance on the part of the member

Duty of protection on the part of the State

society ◦ Implies a duty of allegiance on the part of the member ◦ Duty of
society ◦ Implies a duty of allegiance on the part of the member ◦ Duty of
 Nationals/Nationality ◦ Owes allegiance to the State ◦ Not necessarily a citizen ◦ E.g.

Nationals/Nationality

Owes allegiance to the State

Not necessarily a citizen

E.g. Filipinos during American occupation

American nationals but not American citizens

Not all nationals are citizens of a State, but all citizens of a State are its nationals

Aliens

Foreigners

Not given full rights to citizenship but should be protected by the State as a person and his property

 Those who are citizens of the Philippines at the time of the adoption of

Those who are citizens of the Philippines at the time of the adoption of this Constitution

Filipino citizens beginning February 2, 1987

of the Philippines at the time of the adoption of this Constitution ◦ Filipino citizens beginning
of the Philippines at the time of the adoption of this Constitution ◦ Filipino citizens beginning
of the Philippines at the time of the adoption of this Constitution ◦ Filipino citizens beginning
of the Philippines at the time of the adoption of this Constitution ◦ Filipino citizens beginning
 Involuntary ◦ By birth ◦ Because of blood relationship or place of birth ◦

Involuntary

By birth

Because of blood relationship or place of birth

No need to do anything

Voluntary

By naturalization

Application

relationship or place of birth ◦ No need to do anything  Voluntary ◦ By naturalization
relationship or place of birth ◦ No need to do anything  Voluntary ◦ By naturalization
relationship or place of birth ◦ No need to do anything  Voluntary ◦ By naturalization
relationship or place of birth ◦ No need to do anything  Voluntary ◦ By naturalization
 Jus Sanguinis ◦ Blood relationship  Follows the citizenship of the parents or one

Jus Sanguinis

Blood relationship

Follows the citizenship of the parents or one of them

Adopted in the Philippines

Jus Soli

Place of birth

Becomes a citizen of the state where he is born

Regardless of the citizenship of the parents

Adopted by the United States

 Mother is a Philippine citizen, while the father is an American citizen. The mother

Mother is a Philippine citizen, while the father is an American citizen. The mother gave birth while they are having a tour at the United States?

What is the citizenship of the child?

Filipino – Jus Sanguinis

American – Jus Soli

Dual Citizenship

 Those whose fathers or mothers are citizens of the Philippines ◦ Jus Sanguinis ◦

Those whose fathers or mothers are citizens of the Philippines

Jus Sanguinis As long as one of the parents is a Filipino citizen Regardless where the child was born

◦ Jus Sanguinis ◦ As long as one of the parents is a Filipino citizen 
◦ Jus Sanguinis ◦ As long as one of the parents is a Filipino citizen 
◦ Jus Sanguinis ◦ As long as one of the parents is a Filipino citizen 
◦ Jus Sanguinis ◦ As long as one of the parents is a Filipino citizen 
 Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon

Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority

Citizens through election under the 1935 Constitution

Philippine Citizenship upon reaching the age of majority ◦ Citizens through election under the 1935 Constitution
Philippine Citizenship upon reaching the age of majority ◦ Citizens through election under the 1935 Constitution
Philippine Citizenship upon reaching the age of majority ◦ Citizens through election under the 1935 Constitution
Philippine Citizenship upon reaching the age of majority ◦ Citizens through election under the 1935 Constitution
 Mother – Filipino (Married) Father – Alien ◦ Son is Alien ◦ Remains alien

Mother – Filipino (Married) Father – Alien

Son is Alien

Remains alien throughout his age of minority

Unless elects Philippine citizenship

Mother - Filipino (Not Married), Father – Alien

Son is Alien

If one of the parents is alien, child obtains alien citizenship

 Those who are naturalized in the accordance with law ◦ Those who are not

Those who are naturalized in the accordance with law

Those who are not Filipino at birth

Acquired citizenship by naturalization

Naturalization

Act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship

Renunciation of previous nationality

 Judgement of the Court ◦ Application for naturalization (RTC) ◦ Must have all qualifications

Judgement of the Court

Application for naturalization (RTC)

Must have all qualifications and none of the disqualifications

Revised Naturalization Act

Act of Congress

Law making body passes a law conferring citizenship to a foreigner

Revised Naturalization Act  Act of Congress ◦ Law making body passes a law conferring citizenship
Revised Naturalization Act  Act of Congress ◦ Law making body passes a law conferring citizenship
“ Natural-born citizens are those who are citizens of the Philippines from birth without having

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.”

elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.”
1. Natural-born Citizens ◦ Filipinos at birth ◦ Do not have to perform any act

1. Natural-born Citizens

Filipinos at birth

Do not have to perform any act to acquire citizenship

Example

Johnny Dela Cruz migrated to the US when he was 21 and elected to renounce his Philippine citizenship and embrace American citizenship. However, on his retirement, he decided to retire in the Philippines, thus he decided to reacquire his Philippine citizenship. Can he be considered a natural-born Philippine citizen?

1. Citizens at the time of adoption of the new Constitution ◦ Philippine citizen under

1.

Citizens at the time of adoption of the new Constitution

Philippine citizen under the 1973 constitution or on January 17, 1973

3.

Citizen through election (1935 Constitution)

Born before Jan.17, 1973, upon reaching age of majority elected Philippine citizenship even after the ratification of the 1973 constitution

l

d

“ Philippine citizenship may be lost or reacquired in the manner provided by law.”

Philippine citizenship may be lost or reacquired in the manner provided by law.”

“ Philippine citizenship may be lost or reacquired in the manner provided by law.”
“ Philippine citizenship may be lost or reacquired in the manner provided by law.”
“ Philippine citizenship may be lost or reacquired in the manner provided by law.”
“ Philippine citizenship may be lost or reacquired in the manner provided by law.”
 Voluntary ◦ Naturalization in a foreign country ◦ Expatriation - Renunciation of citizenship ◦

Voluntary

Naturalization in a foreign country

Expatriation - Renunciation of citizenship

Taking an oath of allegiance to a foreign country

Rendering services to the Armed Forces of a foreign country

Involuntary

Cancellation of certificate of naturalization

punishment

Deserter in the Armed Forces of the Phili

ines in

 Naturalization  Act of Congress  Repatriation ◦ Marrying members of Armed Forces of

Naturalization

Act of Congress

Repatriation

Marrying members of Armed Forces of a foreign country

Termination of Marital Status

Oath of Allegiance to the Philippines

Registering in the Civil Registry

“ Citizens of the Philippines who marry aliens shall retain their citizenship , unless by

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.”

shall retain their citizenship , unless by their act or omission they are deemed, under the
shall retain their citizenship , unless by their act or omission they are deemed, under the
shall retain their citizenship , unless by their act or omission they are deemed, under the
shall retain their citizenship , unless by their act or omission they are deemed, under the
 Marriage ◦ Binding contract / Mutual ◦ Citizenship of the husband/wife is also absorbed

Marriage

Binding contract / Mutual

Citizenship of the husband/wife is also absorbed by their partner

A Philippine citizen woman married a Singaporean businessman. What is now the citizenship of the woman?

Philippine Citizen and that of her husband

Dual Citizenship

“ Dual allegiance of citizens is inimical to the national interest and shall be dealt

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.”

“ Dual allegiance of citizens is inimical to the national interest and shall be dealt with
“ Dual allegiance of citizens is inimical to the national interest and shall be dealt with
“ Dual allegiance of citizens is inimical to the national interest and shall be dealt with
“ Dual allegiance of citizens is inimical to the national interest and shall be dealt with
 Continued allegiance of naturalized nationals to their mother country  Dual citizenship is different

Continued allegiance of naturalized nationals to their mother country

Dual citizenship is different from Dual Allegiance

Dual citizenship is accepted

Dual allegiance is illegal

Inimical to national interest

Can’t serve two masters at the same time

In times of war, you were called on by the Philippine government to render service