Dea note: research on citizenship: pls read ma'am's guidelines sa activity, it has many nuances eh, like in

owning lands, in journalism, etc. please research on each one, like which countries do this and try to
analyze if first world ba sila or what, and what kind of freedoms/rights they (aliens) enjoy

^our principles on citizenship are similar to France and Belgium but I’m uncertain if I can bring this in
because of our restriction on references and cases. :(

Citizenship​-defined by Bernas as “permanent membership in a political community” which comes with

full civil and political rights (subject to special disqualifications).

Citizenship is based on birth according to these circumstances:

1) Jus soli (right of soil)- a person's nationality at birth is determined by the place of birth (ie, the territory
of a given state).

2) Jus sanguinis (right of blood)- at birth, one acquires the nationality of his/her natural parent/s. ​The
Philippines adheres to this principle.

If by naturalization: the judicial act of adopting a foreigner and granting him the privileges of a native-born
citizen. It implies the renunciation of a former nationality and the fact of entrance into a similar relation
towards a new body politic (the new state)

Rights of Citizens re: Art. III Bill of Rights:

1. Right to due process of law and equal protection of the law.
2. Right from arbitrary arrest and unreasonable search and seizures.
3. Privacy of communication of correspondence.
4. Freedom of speech and freedom of the press.
5. Right to peaceful assembly and petition.
6. Freedom of religion.
7. Liberty of abode and travel.
8. Right to secure information from government records.
9. Right to form associations.
10. Right to own property.
11. Inviolability of contracts.
12. Right to a speedy and public trial.
13. Right against self-incrimination and right to counsel.
14. Freedom from torture, threat, or secret detention.
15. Compensation for torture and rehabilitation of victims and their families.
16. Right to bail.
17. Presumption of innocence
18. Writ of habeas corpus.
19. Freedom of innocence.
20. Prohibition against the death penalty and excessive fines.
21. Right to humane and adequate facilities.
22. No imprisonment for failure of debts or poll tax.
23. Right against double jeopardy.
24. Right to vote and to hold office.
25. Prohibition of ex post facto law and bill of attainder.
Restrictions for foreigners re:

1. alienable land-defined as land that has the capacity to be transferred to by mortgage or by deed.

Relevant provision:
Art XII Sec 8: “Notwithstanding the Provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.”

General Rule – only Filipino citizens and corporations at least sixty percent of the capital of which is
owned by Filipino are entitled to acquire and own land in the Philippines.

Exceptions to General Rule – Alien acquisition of real estate in the Philippines is allowed in the following
cases:
a) Acquisition before the 1935 Constitution;
b) Acquisition through hereditary succession if the alien who acquires is a legal heir.
c) Purchase by former natural-born Filipino citizens subject to the limitations prescribed by law (BP
185 and R.A. 8179 “The Foreign Investment Code”).

A Filipino who marries an alien retains her Philippine citizenship (unless by her act or omission she is
deemed to have renounced Philippine citizenship), and may therefore acquire real estate in the
Philippines.

2. exploitation of natural resources

Relevant provision:

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. ​With the exception of agricultural lands, all other natural resources
shall not be alienated​. The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake such activities, or it ​may
enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty ​per centum ​of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well
as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays,
and lagoons.
The President may enter into agreements with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution.

From Minority Group Report:

Art IV: Economic and Social Policy
Section 4. All lands of the public domain, public waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, and other natural resources shall be
administered by the State in trust for the people. Unless otherwise defined by Congress, lands of the
public domain are classified into agricultural, forest or timber, mineral lands and national parks. With the
exception of agricultural lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural resources shall be under the supervision of the
State. The State shall, as appropriate, bid out the privilege of undertaking such activities to private entities
under co-production, joint venture, concession, or production-sharing arrangements beneficial to the
nation under terms and conditions provided by law. The preservation of the environment and the
maintenance of a healthful and balanced ecosystem shall be a prime consideration in all such
arrangements.

-no restriction re: foreigners and the protection of Filipino privileges and rights over natural resources
Pros: no restriction opens up more opportunities for foreign investment, should strengthen economy and
increase business activity, create employment opportunities, etc.
Cons: no restriction = they may not let the financial benefits stay here and aid in national economic
development--it might just go abroad anyway.

3. operation of public utilities

Relevant provision:
1987 Art XII Sec11 “​No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines, at least sixty ​per centum​ of whose capital is owned by such
citizens;​ nor shall such franchise, certificate, or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or right be granted except under the condition that
it shall be subject to amendment, alteration, or repeal by the Congress when the common good so
requires. The State shall encourage equity participation in public utilities by the general public. ​The
participation of foreign investors in the governing body of any public utility enterprise shall be limited to
their proportionate share in its capital, and all the executive and managing officers of such corporation or
association must be citizens of the Philippines​.”

From Minority Group Report:

Art IV: Economic and Social Policy
Section 10. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be exclusive in character or for a longer period than fifty years. Neither shall any such
franchise or right be granted except under the condition that it shall be subject to amendment, alteration,
or repeal by the Congress when the general good so requires. The State shall encourage equity
participation in public utilities by the general public.

Pros: no capital restriction = no more cases of foreigners resorting to schemes where they have a small,
yet decisive number of common shares (re: voting of directors) while Filipinos get the preferred,
non-voting shares.
Cons: again, takes away the protection and privileges of being Filipino re: business activities

4. ownership of mass media

Art XVI Section 11. (1) The ​ownership and management of mass media shall be limited to citizens of the
Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such
citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest
so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

The participation of foreign investors in the governing body of entities in such industry shall be limited to
their proportionate share in the capital thereof, and all the executive and managing officers of such
entities must be citizens of the Philippines.

MGR only states re: this is that the mass media restrictions/guidelines above remain in place because the
transitory provisions say so, and there was no repeal of this part. But the activity part says that the
foreigner restriction on mass media ownership is removed, so I’m not sure. :|

5. ownership of advertising companies

Relevant Provision:
Art XVI Sec 11: “(2) The advertising industry is impressed with public interest, and shall be regulated by
law for the protection of consumers and the promotion of the general welfare. ​Only Filipino citizens or
corporations or associations at least seventy ​per centum of the capital of which is owned by such citizens
shall be allowed to engage in the advertising industry.​”

6. educational institutions

Relevant Provision:
Art XIV Section 4. (2) Educational institutions, other than those established by religious groups and
mission boards, shall be owned solely by citizens of the Philippines or corporations or associations at
least sixty ​per centum of the capital of which is owned by such citizens. The Congress may, however,
require increased Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in citizens of the Philippines.
No educational institution shall be established exclusively for aliens and no group of aliens shall comprise
more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to
schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided
by law, for other foreign temporary residents.

7. practice of professions

Relevant provision:
Art. XII Sec 14 par 2 “The practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law”
Minority Group Report: silent re: this part--assumed repealed
Pros: no more absurd situations like when foreign professors can’t teach in local universities. We would
benefit from foreign expertise/talent in certain fields, and it would improve our service sector if we had a
large pool of professionals who would contribute to the economy regardless of nationality. Would equate
to a meritocracy where whoever is qualified/best fit for job will be employed instead of shutting out foreign
candidates and unfairly favoring Filipinos who may or may not be as qualified for the position.
Cons: one would basically be taking away much-needed sources of employment for Filipinos