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CONCEPTS OF HUMAN

RIGHTS, CITIZENSHIP
AND SUFFRAGE
GROUP 4
REPORTER
ARTICLE III:
HUMAN RIGHTS
HUMAN RIGHTS
• Refers to things that are properly and
justly due to a person by virtue of
being human.
THE BILL OF RIGHTS
• Article III, Bill of Rights is an enumeration
of the people’s right that the constitution
guarantees and protects against
government violation of an individual or
individuals.
THREE GREAT POWERS OF THE
GOVERNMENT
• Police power – is the inherent power of the
state to restrain and regulate the use of
liberty and property for the comfort,
safety and welfare of the society.
THREE GREAT POWERS OF THE
GOVERNMENT
• Power of eminent domain – is the inherent
of the state to appropriate private lands
for public purpose upon payment of just
compensation.
THREE GREAT POWERS OF THE
GOVERNMENT
• Power of Taxation – refers to the power of
the state to impose burdens on persons,
properties, services and occupations.
CLASSES OF RIGHTS OF CITIZENS
• Natural Rights – these are rights which are inherent to a person as a
creation of God.
• Constitutional Rights - these are rights which are granted and protected
by the constitution.
• Political Rights – those are rights that a citizen exercises to participate in
the affairs of the government.
• Civil rights – those rights that a citizen enjoys in pursuance of individual
happiness and development.
• Statutory Rights - these refers to rights provided by laws which are
granted by the legislative and may be abolished by the same.
INDIVIDUAL RIGHTS IN RELATION TO SOCIETY
AND STATE AUTHORITY
• Rights – refer to one’s privileges to claim and do what he is justly
entitled to.
• Freedom – means to be free to do anything at all without prior restraint.
• Rights to Life – means not only the right to be alive but also the right to
be secure of one’s limb or any part of the body from physical harm.
• Liberty – means not only freedom from physical restraint but also the
freedom to use one’s facilities without restraint, subject to limitations
provided by law.
• Property – refers to the things or right over a thing, which constitutes
our possession.
DUE PROCESS OF LAW TWO ASPECTS:

• Procedural Due Process – refer to the manner


or procedure which must be followed in the
enforcement or application of Law.
• Substantive Due Process – means that the law
to be applied should be valid, just and not
arbitrary.
EQUAL PROTECTION OF THE LAW (SEC.1)

• It means equality of all persons before the


law whether he is rich or poor.
ARTICLE 4:
CITIZENSHIP
“ 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 Isigani Cruz-


CITIZENSHIP
• A term denoting membership of a citizen in a
political society, which membership implies,
reciprocally, a duty of allegiance on the part of
the member and duty of protection on the part
of the State.
CITIZEN
• A person having the title of citizenship. He is
the member of a democratic community who
enjoy full civil and political rights, and is
accorded protection inside and outside the
territory of the State,
ALIEN
• 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 entitled to receive protection as to his
person and property.
WAYS OF ACQUIRING CITIZENSHIP
• Involuntary Method
• By birth, because of blood relationship or place of birth

• Voluntary Method
• By naturalization, except incase of collective naturalization
of the inhabitants of a territory which takes place when it is
ceded by one state to another as a result of conquest or
treaty.
CITIZENS BY BIRTH
• There are two principles or rules that govern citizenship by birth
namely:
• Jus Sanguinis – blood relationship is the basis for the acquisition
of citizenship under this rule. The children follow the citizenship
of the parents or one of them.
• Jus Soli or Jusloci – place of birth serves as the basis for acquiring
citizenship under this rule. A person becomes a citizen of the
state where he is born irrespective of the parents,
CITIZENSHIP BY BLOOD
• Jus Sanguinis - the father or mother may be a
natural-born Filipino or a Filipino by
naturalization or by election.
• Jus soli – the child’s father or mother is an alien,
it would be a case of a dual citizenship.
CITIZENSHIP BY NATURALIZATION
• Certain rights and privileges, duties and obligations
limited to Filipino citizens.
• Constitution nationalistic in character.
• Care in granting or denying privilege of naturalization
essential.
• Ideals policy on naturalization.
TWO MODES OF ACQUIRING CITIZENSHIP

• Natural-Born
• Naturalized citizens
GROUNDS OF REACQUIRING LOST
PHILIPPINE CITIZENSHIP
• By naturalization
• By repatriation
• By direct act of congress
NATURALIZATION
• The act of formally adopting a foreigner
into the political body of the stat and
clothing him with the rights and privilege
of citizenship.
WAYS OF ACQUIRING BY NATURALIZATION

• By judgement of the court.


• By direct act of congress
• By administrative proceeding
KINDS OF CITIZENS
• Natural-born citizens
• Citizens at the time of adoption of the new
constitution.
• Citizens through election.
• Naturalized citizens
LOSS OF CITIZENSHIP
• Voluntarily
• By naturalization in a foreign country
• By express renunciation of citizenship (expatriation)
• Expatriation is the voluntary loss or renunciation of one’s nationality.
• By subscribing to an oath of allegiance to support the constitution and law of foreign
country
• By rendering service to or accepting commission in the armed forces of a foreign country

• Involuntary
• By cancellation of his certificate of naturalization by the court
• By having been declacred by competent authority a deserter of the Philippine armed
forces in times of war.
ARTICLE V: SUFFRAGE
SUFFRAGE
• The right and obligation to vote 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.
NATURE OF SUFFRAGE
• A mere privilege – suffrage is not a natural right of the citizens but merely a
privilege.
• A political right – enabling every citizen to participate in the process of government
to assure that it derives its powers from the consent of the governed.

• Plebiscite – a vote of the people expressing their choice for or against a propose law
or enactment submitted to them
• Referendum – the submission of a law ort part thereof passed the nation or local
legislative body to the voting citizens of a country for their ratification.
• Initiative – the process whereby the people directly propose and enact laws.

• Recall – tenure method by which a public officer may be removed from officer may
be removed from office during his tenure of before the expiration of his term.
QUALIFICATION OF VOTERS
• He must be:
• A citizen (male or female) of the Philippines
• Not otherwise disqualified by law
• At least eighteen (18) years of age; and
• Have resided in the Philippines for at least one year (1) and
in the place wherein he proposes to vote for at least six
(6)months preceding the election.
PERSONS DISQUALIFIED TO VOTE
• Any person who has been sentenced by final judgment to
suffer imprisonment for not less than one year (1), such
disability not having removed by plenary pardon or granted
amnesty.
• Any person who has been adjusted by final judgment by
competent court or tribunal of having committed any crime
involving disloyalty to duly constituted government.
• Insane or incompetent persons as declared by competent
authority,
ELECTION
• It is the selection of candidates to public
office by popular vote.
TYPES OF ELECTION
• Regular – refers to an election participated by those
who posses the right of suffrage not disqualified by
law and who are registered voters.
• Special – one held to fill in the vacancy in office before
the expiration of the term for which incumbent was
elected.
REPUBLIC ACT 8189 “VOTERS REGISTRATION
ACT OF 1996”

• A citizen in order to be qualified to exercise his


right to vote , in addition to the minimum
requirements set by fundamental charter is
obliged by law to register.

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