ARTICLE 4:

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 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.

Who is a citizen?

A citizen is 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.

8 U.S. Code 1408 - Nationals but not citizens of the United States at birth:

Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth:

(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;(2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;(3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totalling not less than seven years in any continuous period of ten years(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and(B) at least five years of which were after attaining the age of fourteen years.

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 than 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.

Who 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

What are the involuntary ways of acquiring citizenship?

1.By birth;

2.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;

3.Through direct legislative grant.

What are the two principles governing acquisition of citizenship through birth?

Jus Sanguinis means citizenship by virtue of blood relationship. The children follow the citizenship of the parents. This prevails in the Philippines.

Jus Soli means 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.

What are the 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 when the wife is barred from acquiring the citizenship of the husband under the latters national law.

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.

The Court categorically declared in Moy Ya Lim Yao v. Commissioner of Immigration:Accordingly, We now hold, all previous decisions of this Court indicating otherwise notwithstanding, that under Section 15 of Commonwealth Act 473, an alien woman marrying a Filipino, native born or naturalized, becomes ipso facto a Filipina provided she is not disqualified to be a citizen of the Philippines under Section 4 of the same law. Likewise, an alien woman married to an alien who is subsequently naturalized here follows the Philippine citizenship of her husband the moment he takes his oath as Filipino citizen, provided that she does not suffer from any of the disqualifications under said Section 4.

As stated in Moy Ya Lim Yao, the procedure for an alien wife to formalize the conferment of Filipino citizenship is as follows:Regarding the steps that should be taken by an alien woman married to a Filipino citizen in order to acquire Philippine citizenship, the procedure followed in the Bureau of Immigration is as follows:

The alien woman must file a petition for the cancellation of her alien certificate of registration alleging, among other things, that she is married to a Filipino citizen and that she is not disqualified from acquiring her husbands citizenship pursuant to Section 4 of Commonwealth Act No. 473, as amended.

Upon the filing of said petition, which should be accompanied or supported by the joint affidavit of the petitioner and her Filipino husband to the effect that the petitioner does not belong to any of the groups disqualified by the cited section from becoming naturalized Filipino citizen, the Bureau of Immigration conducts an investigation and thereafter promulgates its order or decision granting or denying the petition.

Who are the citizens of the Philippines?

Section 1, Article 4 of the 1987 Constitution 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.

Who are citizens of the Philippines at the time of the adoption of the 1973 Constitution?

1. Those who are citizens of the Philippine islands at the time of the adoption of the 1935 Constitution; 2. Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine islands; 3. Those whose fathers are citizens of the Philippines; 4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect the Philippine citizenshipgoverns those who are born before the effectivity of the 1973 Constitution; 5. Those who are naturalized in accordance with the law .

Who may elect Philippine citizenship under the 1935 Constitution?

Children born under the 1935 Constitution whose mothers were Philippine citizens, at the time at least of their marriage to an alien father, may elect Philippine citizenship. When must election be made? Election must be made within a reasonable period after reaching the age of majority. 3 years is a reasonable period, however, may be extended under certain circumstances as when the person concerned has always considered himself a Filipino citizen. [Dy Cuenco v. Secretary of Justice]

How is election made?

It must be expressed in a statement sworn before any officer authorized to administer oaths and filed with the nearest civil registry and accompanied by an oath of allegiance to the Philippine Constitution. [Comm. Act 625 (1941)]

However, participating in elections and campaigning for candidates, and similar acts done prior to June 7, 1941, have been recognized as sufficient to show ones preference for Philippine citizenship. [In re Florencio Mallare]

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.

Kinds of naturalization laws and procedures

1. General law of naturalization applied through a judicial process (Revised Naturalization Law or Comm. Act 473 where both substantive and procedural requirements must be met)

2. Special naturalization law, such as, an act of legislature

3. Mass naturalization lawPhilippine Bill of 1902 making all inhabitants of the Philippine islands continuing to reside in them who were Spanish subjects on April 11 1899 and then resided in said islands, Filipino citizens

4. General law of naturalization applied through a combination of administrative process and presidential legislative process

5. Administrative Naturalization Law (Republic Act No. 9139) enacted in 2000

What are the qualifications for judicial naturalization?

Under the Naturalization Law, and as provided in Section 2, C.A. No. 473 (Judicial Naturalization), 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.

So v. Republic of the Philippines (G.R. No. 170603, 29 January 2007):Petitioners contention that the qualifications an applicant for naturalization should possess are those provided for in R.A. No. 9139 and not those set forth in C.A. No. 473 is barren of merit.The qualifications and disqualifications of an applicant for naturalization byjudicial actare set forth in Sections 2 and 4 of C.A. No. 473.On the other hand, Sections 3and 4of R.A. No. 9139 provide for the qualifications and disqualifications of an applicant for naturalization byadministrative act.Indeed, R.A. No. 9139 was enacted as a remedial measure intended to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging.It likewise addresses the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus promoting brain gain for thePhilippines.These however, do not justify petitioners contention that the qualifications set forth in said law apply even to applications for naturalization by judicial act.

First.C.A. No. 473 and R.A. No. 9139 are separate and distinct laws the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions.To reiterate, the intention of the legislature in enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less technical and more encouraging which is administrative rather than judicial in nature.Thus, although the legislature believes that there is a need to liberalize the naturalization law of thePhilippines, there is nothing from which it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139.What the legislature had in mind was merely to prescribeanothermode of acquiring Philippine citizenship which may be availed of bynative born aliens.The only implication is that, a native born alien has the choice to apply for judicial or administrative naturalization, subject to the prescribed qualifications and disqualifications.

In the instant case, petitioner applied for naturalization by judicial act, though at the time of the filing of his petition, administrative naturalization under R.A. No. 9139 was already available.Consequently, his application should be governed by C.A. No. 473.

Second.If the qualifications prescribed in R.A. No. 9139 would be made applicable even to judicial naturalization, the coverage of the law would be broadened since it would then apply even to aliens who are not native born.It must be stressed that R.A. No. 9139 applies only to aliens who were born in thePhilippinesand have been residing here.Third.Applying the provisions of R.A. No. 9139 to judicial naturalization is contrary to the intention of the legislature to liberalize the naturalization procedure in the country.One of the qualifications set forth in R.A. No. 9139 is that the applicant was born in thePhilippinesandshould have been residing herein since birth.Thus, one who was born here but left the country, though resided for more than ten (10) years from the filing of the application is also disqualified.On the other hand, if we maintain the distinct qualifications under each of the two laws, an alien who is not qualified under R.A. No. 9139 may still be naturalized under C.A. No. 473.Thus, absent a specific provision expressly amending C.A. No. 473, the law stands and the qualifications and disqualifications set forth therein are maintained.

When does an applicant for naturalization become a Filipino citizen?

Upon taking the oath provided by law after satisfactorily passing the period of probation How is the application handed? It is handled through the Special Committee on Naturalization. The Special Committee is composed of the following:1. Solicitor General as the Chairman;2. Undersecretary of Foreign Affairs; and3. Director of the National Intelligence Coordinating Agency.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

How may Filipino citizenship be lost?

A Filipino citizen may lose his citizenship in any of the following ways: Voluntary A. By Naturalization in a foreign country B. By express renunciation of citizenship 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.

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.

Can an individual be considered a stateless person?

There are certain instances wherein one can become a stateless person.If a natural born Filipino, becomes naturalized in another country, he therefore automatically loses his citizenship.The fact that he loses his foreign nationality does not revert him back to becoming a Filipino and utmost he is a stateless person.Since citizenship is a priced possession, it is not automatically regained.

What may a person reacquire his Filipino citizenship?

1. By naturalization

2. By repatriation

3. By direct act of congress

What is the law that governs retention and acquisition of citizenship?

Republic Act No. 9225 otherwise known as the Citizenship Retention and Re- Acquisition Act of 2003, which was approved in August 29, 2003, specifically provides that 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

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.

What is derivative citizenship under R.A. 9225?

The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who reacquire Philippine citizenship upon effectivity of the R.A. 9225 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 the marriage of a Filipino 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 husbands or wifes country. It is 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 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 obligations of 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. 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.

FACTS: Fernando 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.

QUESTION: 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.

ARTICLE VSUFFRAGE

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.

3.Insane or incompetent persons as declared by competent authority.

That in all things, god may be glorified.

Substantive RequirementsProcedural Requirements

Revised Naturalization Law (Comm. Act 473) Administrative Naturalization Law (RA 9139)

Declaration of intention

Age Not be less than 18 years old at the time of filing of his/her petition Filing of petition

Residence Born and residing since birth in the Philippines Hearing and initial judgment

Moral character and political beliefPeriod of probation

Real property or lucrative occupationRehearing and final judgment

Language Able to read, write and speak Filipino or any of the dialects of the Philippines

Education Must receive his/her primary and secondary education in any public or private institution duly recognized by DECS

Must have mingled with the Filipinos and evinced desire to learn and embrace the customs, traditions and ideals of the Filipino people