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.

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
Those who 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 ones 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 Reacquisition 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
husbands or wifes 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 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

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.
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

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.

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. The parents 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.

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

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 avote of the
people after registration of a petition signed by a required
percentage of the qualified voters

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.
1. Will he be allowed to register and vote by the COMELEC Officer of
the Municipality of Victoria, Laguna? Explain the reasons.