POLITICAL ENGAGEMENT AND YOUTH

EMPOWERMENT
LEODEGARIO U. CRUZ
ARTICLE 4

CITIZENSHIP
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CITIZENSHIP
definition

definition Citizenship definition

definition
 "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-
 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 involves rights and

obligations on the part of both the individual and the
state itself.
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 another.
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.

They are not exactly the same thing for the first has a broader
meaning that the second. 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 not necessarily confer these rights.
WHAT IS A SUBJECT?

Usually implies membership

in a monarchial society. A
subject does not enjoy civil
and political rights.
 WHAT IS AN ALIEN?

An alien is 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 is entitled to receive
protection as to his person and property.
WHAT ARE THE GENERAL WAYS
OF ACQUIRING CITIZENSHIP?

1. Involuntary Method

2. Voluntary Method
 INVOLUNTARY WAYS OF
ACQUIRING CITIZENSHIP
By birth
• Through the change of sovereignty which result
in the acquisition by each individual of the ceded
or acquired territory of the citizenship under the
new sovereign in the absence of treaty
stipulations to the contrary.

• Through direct legislative grant.

 VOLUNTARY WAYS OF
ACQUIRING CITIZENSHIP
• Through marriage which result in the acquisition by
the wife of the citizenship of the husband in case of
difference in citizenship of the parties, except where
the wife is barred from acquiring the citizenship of
the husband by the law of the nation of the latter.
• Through the election which is the acquisition of
citizenship after reaching the age of majority;
• Naturalization of the head of the family which result
in the naturalization of the wife and the minor
children living with him.
WHAT ARE THE TWO PRINCIPLES
GOVERNING CITIZENSHIP BY BIRTH?
• Jus Sanguines. Citizenship by virtue of blood
relationship. The children follow the citizenship of the
parents. This prevails in the Philippines.

• Jus soli. Citizenship by virtue of the place of birth. A

person becomes a citizen of the state where he is born
irrespective of the citizenship of the parents. This
principle prevails in the United States.
 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 accordance with law.
 WHAT ARE THE DIFFERENT KINDS
OF CITIZENS UNDER THE
CONSTITUTION?

• Natural-born citizens
• Citizens
at the time of the adoption of this
Constitution
• Thosewho elect Philippine citizenship upon
reaching the age of reason
• Those who are naturalized in accordance with
law.
 WHO ARE CONSIDERED AS
NATURAL BORN CITIZENS?
Section 2 provides that 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 of
Article 4 of the Philippine Constitution shall be deemed
natural-born citizens.
 WHAT IS NATURALIZATION?
• Naturalization is the legal act of adopting a foreigner into
the political body of the state and clothing him with the
rights and privileges of a citizen. It implies the
renunciation of a former nationality and the fact of
entrance to a similar relation towards a new body politic.

•A person may be naturalized either by complying with

both the substantive and procedural requirements of a
general naturalization law or he may be naturalized by a
special act of the legislature.
 WHAT ARE THE QUALIFICATIONS
FOR NATURALIZATION?
Under the Naturalization Law, and as provided in
Section 2, C.A. No. 573, as amended, the petitioner for
naturalization is required to possess the following
qualifications:
1. The petitioner must not be less than 21 years old on
the date of the hearing of the petition.
2. The petitioner must have resided in the Philippines
for ten years, which should be continuous.
3. He must be of good moral character, and believes in the
principles underlying the Philippine Constitution, and must
have conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines.
4. The petitioner must own real estate in the Philippines worth
not less than P5,000 in the Philippine currency, or must have
some lucrative trade, profession, or lawful occupation.
5. The petitioner must be able to speak and write English or
Spanish and any one of the principal Philippine languages.
6. The Petitioner must have enrolled his children of school age in
any of the public schools recognized y the government where
the Philippine history, government, and civics are taught or
prescribed as part of the school curriculum during the entire
period of the residence required of him, prior to the hearing of
his petition for naturalization as citizen.
The residence requirement of ten years is reduced to five years
under any of the following instances:
1. The petitioner has honorably held office under the
Government of the Philippines or under that of any
political subdivisions.
2. If the application has established a new industry or
introduced a useful invention in the Philippines
3. If the petitioner is married to female citizen of the
Philippines.
4. If the applicant had been a teacher in a public or recognized
private school not established for the exclusive instruction
of children of persons of a particular nationality or race in
the Philippines for two years.
Section 3. Philippine citizenship may be lost or reacquired
in the manner provided by law.
HOW FILIPINO CITIZENSHIP MAY BE LOST?

Filipino citizen may lose his citizenship in any of the following ways:

1. Voluntary

A. By Naturalization in a foreign country

B. By express renunciation of citizenship (expatriation)

C. By subscribing to an oath of allegiance to support the

constitution and law of foreign country

D. By rendering service to or accepting commission in

the armed forces of a foreign country

The voluntary loss or renunciation of one’s nationality is called EXPATRIATION

2. Involuntary

A. By cancellation of his certificate of

naturalization by the court
B. By having been declared by competent
authority a deserter of the Philippine armed
forces in times of war.
 WHAT ARE THE GROUNDS FOR REACQUIRING LOST
PHILIPPINE CITIZENSHIP?

1. By naturalization
2. By repatriation
3. By direct act of congress
 RETENTION AND ACQUISITION
OF CITIZENSHIP
Under R.A. 9225 otherwise known as the
“Citizenship Retention and Re-acquisition Act
of 2003” which was approved in August 29,
2003, natural born citizens of the Philippines
who have lost their Philippine Citizenship by
reason of naturalization as citizens of a foreign
country are deemed to have reacquired
Philippine citizenship upon taking an oath of
allegiance to the Philippine Republic
 R.A. 9225 otherwise known as the “Citizenship
Retention and Re-acquisition Act of 2003”

“I ___________, solemnly swear (or affirm) that I will support

and defend the Constitution of the Republic of the Philippines
and obey the laws and legal orders promulgated by the duly
constituted authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority of the
Philippines and will maintain true faith and allegiance thereto;
and that I impose this obligation upon myself without mental
reservation or purpose of evasion.”

• The natural-born citizens of the Philippines who, after the

effectivity of the Act, become citizens of a foreign country shall
retain their Philippine citizenship upon taking the aforesaid oath.
 R.A. 9225 otherwise known as the “Citizenship Retention and Re-
acquisition Act of 2003”

DERIVATIVE CITIZENSHIP

The unmarried child, whether legitimate,

illegitimate or adopted, below 18 years of age, of
those who reacquire Philippine citizenship upon
effectivity of the Act shall be deemed citizens of
the Philippines.
 RETENTION AND ACQUISITION OF CITIZENSHIP
CIVIL AND POLITICAL RIGHTS AND LIABILITIES
Those who shall retain or re-acquire Philippine citizenship under the Act
shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and
the following conditions:

1. Those intending to exercise their right of suffrage must meet the

requirement under Section 1, Article V of the Philippine Constitution, RA
9189 otherwise known as “ The Overseas Absentee Voting Act of 2003 and
other existing laws.
2. Those seeking elective public office in the Philippines shall meet the
qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized to
administer oath;

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. They must
renounce their oath of allegiance to the foreign 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 engaged in
such practice; and
5. The right to vote or be elected or appointed to any
public office in the Philippines cannot be 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
noncommissioned officers in the armed forces of the
country of which they are naturalized.
•
WHAT IS THE EFFECT OF MARRIAGE
OF A CITIZEN TO AN ALIEN?
• Under Section 4, a Filipino citizen who marries an alien does
not automatically lose his or her citizenship, even if his or
her nationality was granted by his or her husband’s or wife’s
country.
• 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
husband’s citizenship, she will possess two citizenships,
Philippine citizenship and that of her husband
Section 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.

WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his state.

Section 5 prohibits more particularly naturalized Filipinos from practicing what is

called “dual allegiance” declaring it inimical to national interests.

Note that what Section 5 prohibits is not dual citizenship but dual allegiance of
citizens. Dual citizenship arises because our laws cannot control laws of other states
on citizenship but dual allegiance can be a matter of personal choice or decision.
 WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
1. To be loyal to the republic. Loyalty implies faith
and confidence in the republic and love and
devotion to the country.
2. To defend the State.
3. To contribute to the development and welfare of
the state.
4. To uphold the constitution and obey the laws.
 WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
5. To cooperate with the duly constituted
authorities
6. To exercise rights responsively with
due regards to the rights of others.
7. To engage in gainful work
8. To register and vote
ARTICLE V

SUFFRAGE
 SECTION 1. Suffrage may be
exercised by all citizens of the Philippines
not otherwise disqualified by law, who are
at least eighteen years of age, and who
shall have resided in the Philippines for at
least one year and in the place where they
propose to vote for at least six months
immediately preceding the election. No
literacy, property, or other substantive
requirement shall be imposed on the
exercise of suffrage.
 MEANING OF SUFFRAGE
It is a right and obligation to vote
of 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 THE RIGHT OF SUFFRAGE
1. A MERE PRIVILEGE.
Suffrage is not a natural right of the citizens by merely a privilege to
be given or withheld by the lawmaking power subject to constitutional
limitations. Suffrage should be granted to individuals only upon the
fulfillment of certain minimum conditions deemed essential for the
welfare of society.
2. A POLITICAL RIGHT.
In the sense of a right conferred by the Constitution, suffrage is
classified as a political right, enabling every citizen to participate in
the process of government to assure that it derives the powers from
the consent of the governed.
QUALIFICATIONS OF VOTERS
A person is qualified to vote if he is:

1. A citizen (male or female) of the Philippines

2. Not otherwise disqualified by law
3. At least 18 years of age; and
4. Have resided in the Philippines for at least one (1)
year and in the place wherein he proposes to vote
for at least six (6) months preceding the election.
PERSONS DISQUALIFIED TO VOTE
1. Any person who has been sentenced by final judgment to
suffer imprisonment for not less than one (1) year, such
disability not having removed by plenary pardon or granted
amnesty. But such person shall automatically reacquire the
right to vote upon expiration of 5 years after service of
sentence.
2. Any person who has been adjudged by final judgment by
competent court or tribunal of having committed any crime
involving disloyalty to duly constituted government such as
rebellion, sedition, violation of the anti-subversion and fire-
arms laws or any crime against national security unless
restored to his full civil and political rights in accordance with
law. Such person shall likewise automatically regain his right
to vote upon expiration of five (5) years after service of
sentence
 SCOPE OF SUFFRAGE
1. Election
It is the means by which the people choose their officials for definite and
fixed periods and to whom they entrust, for the time being as their
representatives, the exercise the powers of government;
2. Plebiscite
It is the name given to a vote of the people expressing their choice for or
against a proposed law or enactment submitted to them. The term also
applied to an election at which any proposed amendment to, or revision
of, the Constitution is submitted to the people for their ratification. A
plebiscite is also required by the Constitution to secure the approval of
the people directly affected before certain proposed changes affecting
local government units may be implemented.
SCOPE OF SUFFRAGE
3. REFERENDUM
It is the submission of the law or part thereof passed by the national or
local legislative body to the voting citizens of a country for their
ratification or rejection
4. INITIATIVE
It is the process whereby the people directly propose and enact laws.
5. RECALL
It is a method by which a public officer may be removed from office
during his tenure or before the expiration of his term by a vote of the
people after registration of a petition signed by a required percentage of
the qualified voters
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 terms of the 1935
Constitution material in determining his citizenship?

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.
 EXERCISE ON SUFFRAGE
At the age of 6, Juan de la Cruz, a Filipino, migrated to US with his
family and acquired citizenship there. Not so happy with his life in US,
he returned after ten years to the Philippines on June 12, 2009 and
decided to reside in Makati while waiting for the approval of his petition
for the reacquisition of his Filipino citizenship. After six months of
waiting, his petition was finally granted by Makati RTC and restored his
Filipino citizenship. Afterwards, on January 7, 2010 he went back to his
hometown Victoria, Laguna to permanently reside there and start anew.
However, he noticed that little things have changed since he left for US
10 years ago. Widespread poverty is still evident on the life of the people
of Victoria. On that year, the national election will be held on May 11,
2010 and he decided that he will register and vote on that election so that
there will be a changed in the socio-economic condition of his town.

Will he be allowed to register and vote by the COMELEC Officer of the

Municipality of Victoria, Laguna? Explain the reasons.
EXERCISES
Determine the citizenship of the child with the following conditions:
1. The father and mother are Filipino citizens.
2. The
father is a former American citizen and was naturalized as Filipino and the
mother is American citizen.
3. The
father was born in the Philippines on December 25, 1970 whose father is a US
navy and a Filipina mother; failed to elect his citizenship.
4. The child was born in the Philippines whose parents are Germans.
5. The child was born inside the Philippine Airlines of American parents.
6. Theparents are both Chinese and were naturalized as Filipino citizens and their
child was born in the Philippines.
7. The child was born in Los Angeles of a Filipina mother and American father.
8. Filipino couples migrated to US and acquire US citizenship and had children there.