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ARTICLE 4

CITIZENSHI
P Patricia D.L. Sto. Tomas
Cherrylen Rubio
BSBA-III-MGT. ACCTG.

"Philippine citizenship is a gift that must


be deserved to be retained. The
Philippines, for all
her modest resources compared to those
of other states,
is a jealous and possessive mother
demanding total
love and loyalty from her children.
-Justice Isagani Cruz-

Topic Outline

Meaning of Citizenship
Definition of Citizen
The Distinction between Citizenship and
Nationality
The General Ways of Acquiring Citizenship
The Kinds of Citizens Under the Constitution
Who are the Filipino Citizens?
Case Analysis
Qualifications for Naturalization
Disqualifications for Naturalization
Loss and Reacquisition of Citizenship
Effects of Marriage of Citizen to an
Alien

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

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.

WHAT IS THE DISTINCTION BETWEEN


CITIZENSHIP 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

How is the term National distinguished


from Nationality?
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.
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

WHAT ARE THE GENERAL WAYS


OF ACQUIRING CITIZENSHIP?

Involuntary
Method
Voluntary
Method

INVOLUNTARY WAYS OF
ACQUIRINGCITIZENSHIP
-by birth, place of birth, or
by blood relationship
Jus Soli or loci citizenship
is
determined by the place of
birth.

Jus

Sanguinis

citizenship is
determined by blood relations.

VOLUNTARY WAYS OF
ACQUIRING CITIZENSHIP

-by naturalization
a)NATURALIZATION- The act
of formally
adopting a foreigner into the
political
Body of the state and giving him
rights
And privileges of citizenship.

WHAT ARE THE DIFFERENT


KINDS OF CITIZENS 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.

WHO ARE THE CITIZENS OF


THE PHILIPPINES?
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

Who may qualified on


naturalization?
He/she must be not less than twentyone years of age on the day of the
hearing of the petition;
He/she must have resided in the
Philippines for a continuous period of
not less than ten years;
He/she must own real estate in the
Philippines worth not less than five
thousand pesos;

He/she must be of good moral


character and believes in the
principles underlying the Philippine
Constitution;
He must be able to speak and write
English or Spanish and any one of
the principal Philippine languages;
and
Minor children of school ages must
enroll in public/private school
recognized of the Bureau of Public

Who may not qualified for


naturalization?

Persons opposed to organized


government;
Persons defending or teaching the
necessity or propriety of violence,
personal assault, or assassination for
the success and predominance of
their ideas;
Polygamists or believers in the
practice of polygamy;
Persons convicted of crimes involving

Persons suffering from mental alienation


or incurable contagious diseases;
Persons who cannot mingled socially
with the Filipinos, and cannot embrace
the customs, traditions, and ideals of
the Filipinos;
Citizens or subjects of nations with
whom the United States2and the
Philippines are at war; and
Citizens or subjects of a foreign country
other than the United States3whose
laws do not grant Filipinos the right to
become naturalized citizens or subjects

CASE ANALYSIS

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

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.

Loss and
Reacquisition
of Citizenship
(RA 9225 amends
Commonwealth Act No. 63)

Section 1. How Citizenship may be


lost. A Filipino citizen may lose his
citizenship in any of the following
ways and/or events:
1. By Voluntary
By naturalization in a foreign
country;
By express renunciation of
citizenship;
By subscribing to an oath of
allegiance to support the
constitution or laws of a foreign
country;

Section 2. How Citizenship


may be reacquired.
By Naturalization
By Repatriation of
Deserters of the Army,
Navy, or Air Corp
By Direct Act of national
Assembly

That he shall have conducted


himself
in
a
proper
and
irreproachable manner during
the entire period of his residence
in the Philippines; and
That he subscribe to an oath
declaring
his
attention
to
renounce
absolutely
and
perpetually
all
faith
and
allegiance
to
the
foreign
authority, state or sovereignty of

WHAT IS THE EFFECT OF MARRIAGE


OF A CITIZEN TO AN ALIEN?
A Filipino citizen who marries an
alien does not automatically lose his
or her citizenship,
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

WHAT ARE THE DUTIES AND


OBLIGATION OF THE CITIZENS?
To be loyal to the republic.
Loyalty implies faith and
confidence in the republic and
love and devotion to the
country.
To defend the State.
To contribute to the
development and welfare of the
state.

To cooperate with the duly


constituted authorities
To exercise rights responsively with
due regards to the rights of others.
To engage in gainful work
To register and vote

THE END

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