Вы находитесь на странице: 1из 4

1|Page

Chapter 5
CITIZENSHIP
Citizenship – is the status of having the rights, duties and privileges of a citizen. It is
being member of a political structure (the state) where membership (citizenship as
defined by law) bestows privileges and imposes obligation.
Citizenship has the following attributes:
1. It is determine by law
2. It is more than the combination of the privileges and obligations of a citizen under
the law; and
3. It allows for involvement in the political processes of the State.
WHO ARE CONSIDERED FILIPINO CITIZEN?
Section 1, Article IV – states that the following persons 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 citizen of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippines
Citizenship upon reaching the age of majority; and
4. Those who are naturalized in accordance with law.
Section 2 of the same article defines natural-born citizens as:
1. Those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippines Citizenship; and
2. Those who elect Philippine Citizenship in accordance with paragraph (3), Section
1 above i.e., they must have been born January 17, 1973 of Filipino mothers, and
must have elected Philippine Citizenship upon reaching the age of 18.

BASES OF CITIZENSHIP BY
BIRTH

THE LAND OR THE PERCENTAGE OR


PLACE OF BIRTH BLOOD RELATIONS

Jus Soli – Is the principle of citizenship base on the place of birth.


Jus Sanguinis – is the principle based on blood relations.

Group 5: Min-Jin Kim, Joel Raymundo Jr, Ai Garcia, Crisantha Valencia, S.Ruth Failano, Kimberly
Gabayno, Hannah Praise Calacar.
2|Page

RIGHTS AND OBLIGATIONS OF A Art. XII, Sec. 5: right of indigenous


FILIPINO CITIZENSHIP cultural communities to their ancestral
lands.
Art. XI, Sec. 9 : to educate Art. XII, Sec, 8: right of natural born
social services, employment, a rising citizens of PH. Who have lost their PH
standard of living, and an improved quality citizenship
of life Art. XII, Sec. 11: the right to apply
Art. XI, Sec 15&16: To health and for and be granted a franchise, certificate,
to a balanced and healthful ecology in or any other form of authorization for the
accord with the rhythm and harmony of operation of public utility.
nature. Art. XII, Sec. 12: right of Filipino
Art. XI, Sec. 19: to effectively labor to be promoted by state.
control the economy Art. XII, Sec. 14 (2): Right of
Art. XI, Sec. 26: to equal access to Filipino to practice and offshore
opportunity for public service. Art. XIII, Sec. 7: right of
under the right enshrined Art. III, of subsistence fishermen
constitution THE BILL OF RIGHTS : Art. XIII, Sec. 9: right of
freedom of speech, expression, the press underprivileged and homeless citizens in
or the right of the people peaceably to urban
assemble and petition the government for Art. XI, Sec. 1&5: right of Filipino
grievances, free exercise and enjoyment citizens to quality education.
of religious profession and worship, liberty Art. XIV, Sec 3: right of Filipino
of abode, eight to travel, right of the citizens to be taught the constitution
people to information on matters of public patriotism and nationalism.
concern. Art. XIV, Sec. 4 (2): right of to
Art. V, Sec. 1: to suffrage for those control and administer education
at least 18 yrs. of age not otherwise institutions.
disqualified by law. Art. XIV, Sec. 5 (3): the right of
Art. VII, Sec, 7 (2): right to be Filipino citizens to select a profession or
selected as President, VP. , Sen, Rep., course of study.
MOSC, and lower cognitive courts. Art. XIV, Sec. 17 the right of
Citizens, weather natural born or indigenous cultural communities to
naturalized, have the right to be appointed preserve and develop their cultures,
as Lower court judges. traditions and institutions.
Art. XII, Sec. 1&2: right of Filipino Art. XIV, Sec. 11 (1): right of
enterprises to be protected against foreign Filipino citizens or Corps. Or Asso. To
competition and trade practices. engage in the advertising industry.
Art. XII, Sec. 3: the right to lease
alienable lands of the public domain not
more than 500 hectares.

Group 5: Min-Jin Kim, Joel Raymundo Jr, Ai Garcia, Crisantha Valencia, S.Ruth Failano, Kimberly
Gabayno, Hannah Praise Calacar.
3|Page

Loss and reacquisition of Filipino Citizenship

Citizenship- is a political and civil attribute as relevant as freedom of speech, liberty of


abode, right against unreasonable searches and seizures, and other basic guarantees
of the Bill of Rights.

Loss of Citizenship may be occasioned by the following arcs:


1. Naturalization under the laws of a foreign country.
2. Renunciation through an act or opinion; and
3. Subscribing to an oath of allegiance to support the Constitution or laws of a
foreign country.

Immigration- is the act of moving from one place from another.


Marriage to an alien will not necessarily result in the loss of citizenship.

Citizenship may be acquired through:


 Direct act of Congress;
 Naturalization;
 Repatriation

Dual Citizen or Immigrant Cannot be Elected to Public Office


- Even though they lost citizenship and reacquire it under dual citizenship law, they
still cannot stand for election to public office in the Philippines unless they
renounce their foreign citizenship.

Dual Citizenship Distinguished from Dual Allegiance


- The Supreme Court has fashioned a distinction between dual citizenship and
dual allegiance.

Dual Citizenship – is a person's citizenship status, in which a person is concurrently


regarded as a citizen of more than one state under the laws of those states.
Dual Allegiance – refers to the situation in which a person simultaneously owes, by
some positive act; is the result of an individual volition.

Classes of citizens of the Philippines to possess dual citizenship:


1. Those born of Filipino fathers and/or mothers in foreign countries which follow
the principle of Jus Soli
2. Those born in the Philippines of Filipino mothers and alien fathers if by the laws
of their father’s country such children are citizen of that country and;
3. Those who marry aliens by the laws of the latter’s country the former are
considered citizens, unless by their act or omission they are deemed to have
renounced Philippine citizenship.

Group 5: Min-Jin Kim, Joel Raymundo Jr, Ai Garcia, Crisantha Valencia, S.Ruth Failano, Kimberly
Gabayno, Hannah Praise Calacar.
4|Page

CIVIL AND POLITICAL RIGHTS AND RESPONSIBILITIES OF DUAL CITIZENS

Under Section 5 of R.A No. 922, dual citizens enjoy civil and political rights and
responsibilities, to wit;
SECTION 5 – those who retain or re-acquire Philippine citizenship under this Act shall
enjoy full civil and political rights and be subject to all attendant liabilities and
responsibilities under existing laws of the Philippines and following condition:
1) Those intending to exercise their rights of suffrage must meet the requirements
under section , Article V of the Constitution, Republic Act No. 9189, otherwise
known as the “The Overseas Absentee Voting Act of 2003”
2) Those seeking elective public office in the Philippines shall meet the
qualifications for holding such public office required by the Constitution and
existing laws.
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 provided that they renounced their oath of
allegiance to the 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 engage in such practice and
5) That right to vote or be elected or appointed to any public office in the Philippines
cannot exercised by, or 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 non-commissioned officers in the
armed forces of the country which they are naturalized citizens.

STATE-CENTRIC VS. PARTICIPATORY CITIZENSHIP

State-centric- holds that the state takes charges, and has sole control of the
governance processes: it structures political life with minimal participation form societal
classes and group.

Participatory Citizenship – there is an improvement in the relationship between the


state and its citizens. Participation goes beyond voting. It also includes taking part in
governance processes.

Group 5: Min-Jin Kim, Joel Raymundo Jr, Ai Garcia, Crisantha Valencia, S.Ruth Failano, Kimberly
Gabayno, Hannah Praise Calacar.

Вам также может понравиться