STATE

Definition and Its Essential Elements

 A community of persons, more ore less numerous,

permanently occupying a portion of the territory,
completely free of external control and possessing
an organized govt. to which a great body of
inhabitants render habitual obedience. (Ayson &
Reyes)

DIFFERENCE BETWEEN A STATE AND

NATION
State
1. A political concept
2. It is compose of
people, territory,
govt. and
sovereignty

Nation
1. An ethnic concept
2. It is compose of
people living in an
organized society,
inhabiting a portion of
the earth and bound by a
common culture. Not
necessarily living under
the same govt. and
sovereignty.

State
3. A state may
comprise of
several nations

Nation
3. A nation may
compose of
several states

DIFFERENCE BETWEEN A STATE AND

GOVT.

State
1. State could not
exist without a
govt

Government
1. Govt. can exist
without there
being a state.

ESSENTIAL ELEMENTS OF THE STATE

1. People- inhabitants or population of a state
2. Territory- portion of the earths surface inhabited by
the people (De Leon); a geographical area under the
sovereign power of a state. (Dannug)
3. Government- agency through which the will of the
people is carried out (formulated, expressed and
realized)
administration- people in whose hands the reigns of
the govt. are for the time being.
4. Sovereignty- supreme power of the state to
command or enforce obedience on its people, to
manage its internal affairs & free from external control.

CITIZEN AND CITIZENSHIP

CITIZENSHIP-denotes membership of the
individual in the political community, which
implies reciprocally, a duty of allegiance on
the part of the member and duty of protection
on the part of the state.
(Lazarte)
Citizen-one who has the title of citizenship,
enjoys full civil and political rights and
accorded protection by the state inside and
outside of its territory.

Citizen and National Distinguished

Citizen

National

All citizens are

nationals
Owes allegiance to the
state where he is in

But not all nationals

are citizens
Owes allegiance to the
state where he is in
without thereby
becoming a citizen
(citizens & noncitizens but not
considered aliens)

KINDS OF CITIZENS
Natural-born- are citizens from birth without
to perform any act to perfect his /her
citizenship. (Art. IV Sec. 2)
Naturalized- are citizens by virtue of
naturalization. (Art. IV Sec. 1 (4) )
Naturalization-is a process by which a
foreigner formally adopts the citizenship of
another state.

MODES OF ACQUIRING
CVITIZENSHIP
1.By birth
Jus Sanguinis Principle ( by blood relationship)- the
child follows the citizenship of the parents at the time of
birth regardless of the place of birth.
Art. IV Sec. 1(2)
Russia, Bulgaria,Spain,Serbia,India,Italy,China,Belgium
Jus Soli Principle (by place of birth)- citizen by place of
birth; the child becomes the citizen of the state where
he was born regardless of the citizenship of his parents.
USA, all American states, Australia, UK, France, New
Zealand, Germany

Exception: children born of diplomats who are born in

countries where jus soli is adopted are citizens of the
country to which their parents are citizens.
Note: the basis of this exception is the principle of
extraterritoriality where foreign diplomats and their
respective families are exempted from the local
jurisdiction of the place where they reside.

2. By naturalization-individual(court/by act of
the legislature)/group (treaty, joint resolution or
statute) Art. IV Sec. 1 (4)
3. By marriage- automatic/by naturalization (Art. IV
Sec. 4)

Who are citizens of the Phil.?

Note: Art. I Sec. 1 1987 Phil. Constitution Par 1-4
1.Citizen at the time of the adoption of the
1987constitution (1973 Const.,1935 Const.,under
the Jones Law)
2. Citizen under the Jus Sanguinis Principle
3. Citizen by election
4. Naturalized Citizen

Exercises (Case Situations)

1. Mr. and Mrs. Sixto Gonzales went to the US on a
working visa. After a year of stay, their child A was
born. Mr. and Mrs. Gonzales are natural-born
Filipino citizens. What is the citizenship of A at the
time of birth?
2. Cris was born in the US of Chinese father and a
Filipino mother. His parents never applied for
American citizenship.
3. Mr. Jim Chua, a Chinese resident of the Phil. for 8
years. At the age of 21, he married a Filipina and
this was before the 1987 const. ratified Feb. 2,
1987. Before the adoption of this const., the
Filipino woman renounced her citizenship to

Follow her husbands citizenship. A year after the

ratification of the 1987 const., a child was born to the
couple. What is the citizenship of the child at birth?
4. A child was born in the Phil. before Jan. 17, 1973 of
an American father and a Filipino mother. What is the
citizenship of the child?
5. A child was born on Jan. 17, 1973 of a Filipino
mother and a German father in the Phil.. What is the
childs citizenship?
6. A child was born before Jan. 17, 1973 of a Filipino
father and an American mother in the Phil.. What is
the childs citizenship?

Example: FPJ, a presidential candidate in 2004

elections was born before Jan. 17, 1973 out of
wedlock to American Bessie Kelly and Allan Fernando
Poe Sr., a Filipino citizen. Atty. 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.
What is FPJs citizenship?
*7. A child was born before Jan. 17, 1973 of a Filipino
mother and an American father in the Phil.. What is
the childs citizenship?

Modes of Loosing Citizenship

(Art. IV Sec. 3)
1. Naturalization in a foreign country
2. Express renunciation of citizenship
3. Subscribing to an oath of allegiance to a foreign
country
4. Rendering services to the armed forces of another
country
5. By being a deserter of the AFP
6. Cancellation of certificate of naturalization
Note: Expatriation-when one gives up or looses his
citizenship

Can a lost citizenship be reacquired?

Ways of reacquiring citizenship:
1. Naturalization
2. Repatriation- reacquisition of citizenship by taking
the oath of allegiance
3. By direct grant of law/legislation-RA 9225
natural-born citizens, who have lost their
citizenship by naturalization in a foreign country,
are deemed to have reacquired Phil. citizenship
upon taking the oath of allegiance to the Republic of
the Phil.

Duties of Citizens
To be loyal to the Republic and honor its flag
Defend the state and contribute to its welfare
Uphold the constitution and obey the laws
Cooperate with the duly constituted authorities in
the preservation of peace and order
To engage in gainful work and pay taxes
To vote

Dual Citizenship
Art. IV Sec. 5
In the Phil., dual citizenship may apply to:

a. those born of Filipino fathers and/or mothers in

countries adopting the jus soli principle.
b. those born in the Phil. of Filipino mothers and alien
fathers if by laws of their fathers country such are
children of that country.
c. those who marry aliens who by the laws of their
husbands country they are considered citizens, unl;ess
by their act or omission they are deemed to have
renounced their Phil. citizenship.

References
Ayson, Florentino G. & Reyes, Dolores, FUNDAMENTALS
OF POLITICAL SCIENCE 2nd ed., National Bookstore 2000
Dannug, Roman R. & Campanilla, Mario B.,
POLITICS,GOVERNANCE AND GOVERNMENT with
PHILIPPINE CONSTITUTION 2nd ed.,C & E Publishing Inc.,
2004
Zulueta, Francisco M., FUNDAMENTALS & DYNAMICS OF
POLITICAL SCIENCE, Academic Publishing Corporation,
1998