ARTICLE IV

CITIZENSHIP

SECTION 1. The following are 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.

Meaning of citizenship and citizen.

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; a member of a democratic society

who enjoys full civil and political rights and is accorded protection inside and outside
the territory of the State.

Distinguished from nationality and nationals.

NATIONALITY AND NATIONALS – all who owe allegiance to a state, whether democratic
or not, without thereby becoming citizens.

While all citizens are nationals of a state, not all nationals are citizens of a state.

Meaning of subject and alien.

(1) A citizen in a monarchical state is called a subject.

(2) An alien is a citizen of a country who is residing in or passing through another
country.

General ways of acquiring citizenship.

 (1) INVOLUNTARY METHOD – By birth, because of blood relationship or place of
birth; and
(2) VOLUNTARY METHOD – By naturalization, except in case 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.

The two modes of acquiring citizenship correspond to the two kinds of citizens—natural-
born and naturalized citizens.

Citizens by birth.

The two principles that govern citizenship by birth:

(1) JUS SANGUINIS – Blood relationship (the children follow the citizenship of the
parents or one of them).
(2) JUS SOLI or JUS LOCI – Place of birth (a person becomes a citizen of the state
where he is born irrespective of the citizenship of the parents).

Citizens at the time of the adoption of the Constitution.

The citizens referred to here are those Filipino citizens under the 1973
Constitution at the time of the effectivity of the new Constitution on February 2, 1987
by virtue of Proclamation No. 58 of the President.

Citizens by blood relationship.

Under the provision, a child born of a Filipino citizen is a citizen of the Philippines
although illegitimate since the Constitution does not make any distinction.

If the child is born in a state where the rule of jus soli obtains, or the child’s father or
mother is an alien whose country follows also the principle of jus sanguinis, it would
be the case of a dual citizenship.

Citizens through election under the 1935 Constitution.

Under the 1935 Constitution, a child born of a Filipino mother, who was married
to a foreigner, is born an alien and remains an alien during his minority until he elects
Philippine citizenship. However, if he was born after the ratification of the 1973
Constitution of January 17, 1973, he is a citizen without having to make an election.

Citizens by naturalization.

Citizenship may not be based on the principle of jus sanguinis.

(1) Certain rights and privileges, duties and obligations limited to Filipino
citizens. – Under our Constitution and our laws, there are certain rights and
privileges that could be enjoyed only by Filipino citizens. Thus, under the
Constitution, only qualified citizens can exercise the right of suffrage. And only
those who are natural-born have the right to be elected in any government-
related position.
(2) Constitution nationalistic in character.
(3) Care in granting or denying privilege of naturalization essential. – If the
privilege of naturalization would be granted on easy terms or too rigid ones, then
the country may be at a loss due to either the Constitution being devalued or
losing the opportunity to gain a most likely asset to the ranks of the people.
(4) Ideal policy on naturalization. – Should be guided by our own national interest.

Meaning of naturalization.

NATURALIZATION – the act of formally adopting a foreigner into the political body of
the state and clothing him with the rights and privileges of citizenship.

Nature of naturalization.

An alien does not have a natural, inherent, or vested right to be admitted to

citizenship in a state, be he a subject of the most powerful nation of the world, because
citizenship is a privilege not a right.

Ways of acquiring citizenship by naturalization.

(1) By judgment of the court. – Application with the proper Regional Trial Court
while having all the qualifications and none of the disqualifications provided by
the law and compliance with all the procedure and conditions prescribed.
 (2) By direct act of Congress. – Our law-making body simply enacts an act directly
conferring citizenship on a foreigner.
(3) By administrative proceedings. – Under R.A. No. 9139 (Jan. 8, 2001), known as
“the Administrative Naturalization Law of 2000,” aliens born and residing in the
Philippines may be granted Philippine citizenship by administrative proceedings
before a Special Committee on Naturalization, subject to certain requirements
dictated by natural security and interest.

SECTION 2. 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 hereof shall be deemed natural-born citizens.

Kinds of citizens under the Constitution.

(1) NATURAL-BORN CITIZENS – refers to those who:

(a) At the moment of their birth are already citizens of the Philippines.
(b) Do not have to perform any act to acquire his Philippine citizenship.
(2) CITIZENS AT THE TIME OF THE ADOPTION OF THE NEW CONSTITUTION. – refers
to those who are considered citizens of the Philippines under the 1973
Constitution at the time of the adoption of the new Constitution.
(3) CITIZENS THROUGH ELECTION. – refers to those born of Filipino mothers before
January 17, 1973 who, upon reaching the age of majority, elect Philippine
citizenship after the ratification of the 1973 Constitution pursuant to the
provisions of the 1935 Constitution.
(4) NATURALIZED CITIZENS. – refers to those who were originally citizens of another
country, but who, by an intervening act, have acquired new citizenship in a
different country.

SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided

by law.

Loss of citizenship.

A Filipino citizen may lose his citizenship in any of the following ways and/or events:
 (1) VOLUNTARILY. – They are:
(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 laws
of a foreign country.
(d) By rendering service to, or accepting commission in the armed forces of a
foreign country (except under certain circumstances).
(2) INVOLUNTARILY. – They are:
(a) By cancellation of his certificate of naturalization by the court.
(b) By having been declared by competent authority, a deserter in the Philippine
armed forces in time of war.

EXPATRIATION – the voluntary loss or renunciation of one’s nationality.

Reacquisition of lost Philippine citizenship.

Citizenship may be reacquired:

(1) By naturalization, provided the applicant possesses none of the disqualifications

provided in the naturalization law.
(2) By repatriation of deserters of the Philippine armed forces and women who lost
their citizenship by reason of marriage to an alien, after the termination of their
marital status.
(3) By direct act of the Congress of the Philippines.

REPATRIATION – is effected by merely taking the necessary oath of allegiance to the

Republic of the Philippines and registering the same in the proper civil registry.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their
citizenship, unless by their act or omission they are deemed, under the law, to have
renounced it.

Effect of marriage of citizen to an alien.

 Under Section 4, a citizen of the Philippines who marries an alien does not lose
his/her Philippine citizenship even if by the laws of his/her wife’s/husband’s country,
he/she acquires her/his citizenship.

A Filipino woman, who upon marriage to an alien acquires his citizenship, 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.

Dual allegiance of citizens.

DUAL ALLEGIANCE – the continued allegiance of naturalized nationals to their mother

country even after they have acquired Filipino citizenship.

Dual citizenship.

DUAL CITIZENSHIP – the possession of two citizenships by an individual, that of his

original citizenship and that of the country where he became a naturalized citizen.

Retention and acquisition of citizenship.

Filipinos abroad may now acquire dual citizenship. R.A. No. 9225, the
“Citizenship Retention and Re-acquisition Act of 2003,” declares it the policy of the
State that all Philippine citizens who become citizens of another country shall be
deemed not to have lost their Philippine citizenship under the conditions of the Act.

(1) Retention of Philippine citizenship. – 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 an oath of allegiance
to the Republic.
(2) Derivative citizenship. – The unmarried child, whether legitimate, illegitimate,
or adopted, below 18 years of age, of those who re-acquire Philippine citizenship
upon effectivity of the Act shall be deemed citizens of the Philippines.
(3) Civil and political rights and liabilities. –
 (a) Those intending to exercise their right of suffrage must meet the
requirements under Section 1, Article V of the Constitution, R.A. No. 9189,
otherwise known as “The Overseas Absentee Voting Act of 2003,” and other
existing laws.
(b) Those seeking elective public office in the Philippines shall meet the
qualifications 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 and oath.
(c) 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.
(d) Those intending to practice their profession in the Philippines shall apply with
the proper authority for a license or permit to engage in such practice.
(e) The right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to, those who:
(1) Are candidates or are occupying any public office in the country of which
they are naturalized citizens.
(2) Are in active service as commissioned or non-commissioned officers in the
armed forces of the country of which they are naturalized citizens.

Rights with corresponding obligations.

For every right, there must be a corresponding duty. The people cannot be
deprived of these rights, but they also have duties which they must not neglect.

Duties and obligations of citizens.

As a special being, a citizen is a part of society, and, therefore, has social

responsibilities.

(1) TO BE LOYAL TO THE REPUBLIC.

(a) Pride in one’s country.
 (b) Absolute and permanent allegiance to his government.
(2) TO LOVE AND DEFEND THE COUNTRY.
(a) Love of country shown not by words but by deeds.
(b) Readiness to sacrifice his life in defense of his country.
(3) TO CONTRIBUTE TO THE DEVELOPMENT AND WELFARE OF THE STATE.
(a) Many ways of contributing to country’s welfare.
(b) Working together for the common good.
(4) TO UPHOLD THE CONSTITUTION AND OBEY THE LAWS.
(5) TO COOPERATE WITH DULY CONSTITUTED AUTHORITIES.
(a) Active concern with affairs of government.
(b) Need for civic courage and pride or sense of civic values.
(6) TO EXERCISE RIGHTS RESPONSIBLY AND WITH DUE REGARD FOR THE
RIGHTS OF OTHERS.
(a) Exercise of rights to prejudice others not permissible.
(b) Right to liberty not absolute.
(7) TO ENGAGE IN GAINFUL WORK.
(a) Duty to be a useful and productive member of society.
(b) Duty to work hard.
(8) TO REGISTER AND VOTE.
(a) Duty to vote responsibly.
(b) Duty to guard and protect the integrity of his 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 wherein 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.

SUFFRAGE – the 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 suffrage.

(1) A mere privilege. – suffrage is not a natural right but merely a privilege to be
given or withheld by the lawmaking power subject to constitutional limitations.
(2) A political right. – suffrage enables every citizen to participate in the process of
government to assure that it can truly be said to derive its powers from the
consent of the governed.

Scope of suffrage.

(1) Election.- 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 of powers of government.
(2) Plebiscite.- the vote of the people expressing their choice for or against a
proposed law or enactment submitted to them.
(3) Referendum.- the submission of a 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.- the process whereby the people directly propose and enact laws.
(5) Recall.- a method by which a local 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.
 Qualification of voters.

(1) a citizen of the Philippines

(2) not otherwise disqualified by law
(3) at least eighteen years of age
(4) have resided in the Philippines for at least one year and in the place wherein he
proposes to vote for at least six months preceding the election

Age qualification.

(1) Minimum age.

(2) Basis.- Under a certain age, human beings do not have the maturity, experience,
education, and sense of judgment that will enable them to vote with any
reasonable degree of intelligence.
(3) No maximum age limit.

Residence qualification.

(1) Period of residence. – a voter must have been a permanent resident of the
Philippines for at least one year preceding the election and six months in the
province, city, or municipality where he is a voter.
(2) Importance. – a person must have adequately familiarized himself with the
needs and conditions and the personalities of the locality.

Persons disqualified to vote.

(1) Any person who has been sentenced by final judgment to suffer imprisonment
for not less than one year, such disability not having been removed by plenary
pardon or granted amnesty.
(2) Any person who has been adjuged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law.
(3) Insane or incompetent persons as declared by competent authority.
Arguments justifying the lowering of voting age from 21 to 18.

Arguments justifying removal of literacy requirement.

Property requirement prohibited.

(1) Property ownership not a test of an individual’s capacity.

(2) Property requirement inconsistent with concept of republican government.
(3) Property requirement inconsistent with social justice principle.

Other substantive requirements prohibited.

(1) Education.
(2) Sex.
(3) Tax-paying ability.

Compulsory suffrage.

(1) Arguments against compulsory suffrage.

(2) Arguments in favour of compulsory suffrage.

SECTION 2. The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by qualified Filipinos
abroad.

The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.

System for securing the secrecy and sanctity of the ballot.

(1) Unrammeled exercise of the right to vote.

(2) Voting by the disabled and illiterate.

System for absentee voting by qualified Filipinos abroad.