ARTICLE IV- CITIZENSHIP

ARTICLE IVCITIZENSHIP

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.

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.

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

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.

Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

DEFINITION OF TERMSCITIZENSHIP- 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- member of a democratic community who enjoys full civil and political rights.

MONARCHIAL STATE- called subjectALIEN- is a citizen not of the country where he lives, but of

another country.RESIDENT-ALIENS- popularly called “foreigners” or aliens passing

through its territory of their persons and properties. EXPATRIATION- voluntary loss or renunciation of one’s nationality.REPATRIATION- taking the oath of allegiance to the Republic of

the Philippines

WAYS OF ACQUIRING CITIZENSHIP:

1. INVOLUNTARY method- by birth or by place of birth (natural-born)

A. JUS SANGUINIS- by blood relationship B. JUS SOLI OR JUS LOCI- by place of birth

2. VOLUNTARY method- by naturalization (naturalized) NATURALIZATION- act of formally adopting a foreigner into

the political body of the state and clothing him with the rights and privileges of citizenship.

There are two classifications of naturalization: the individual and group naturalization.

INDIVIDUAL NATURALIZATION- When an alien wishes to acquire citizenship of a country other than his own, he does so by the process of individual naturalization. This process is done either-by the court or by the lawmaking body.

By Judicial Process. When naturalization is by judicial process, the foreigner is required to possess certain prescribed qualifications based especially on age, residence in the state where he seeks citizenship, willingness to obey the laws and the constitution, good moral character, literacy and other requirements.

THE PROCEDURE FOR PHILIPPINE NATURALIZATION CONSISTS OF THE FOLLOWING STEPS:

1. Filing of a declaration of intention one year prior to the filing of the petition with the Office of the Solicitor General. The following, however, are exempt from filing the declaration of intention:

a. Those born in the Philippines and have received their primary and secondary education in public or private schools recognized by the Government and not limited to any race or nationality.

b. Those who have resided in the Philippines for 30 years or more before the filing of the petition, and enrolled his children in elementary and high schools recognized by the government and not limited to any race or nationality.

c. Widow with minor children of an alien who has declared his intention to become a citizen of the Philippines and dies before he is actually naturalized.

2. Filing of the petition, accompanied by the affidavit of two credible persons, who are citizens of the Philippines and who personally know the petitioner, as character witnesses.

3. Publication of the petition4. Actual residence in the Philippines during the entire

proceedings5. Hearing of the petition

6. Promulgation of the decision7. Hearing after two years. During the two-year probation

period, applicant should not leave the Philippines; should dedicate himself continuously to a lawful calling or profession; should not have been convicted of any offense or violation of rules; and should not have committed an act prejudicial to the interest of the nation or contrary to any Government-announced policies.

8. Oath-taking and issuance of the certificate of naturalization.

THE COURT PROCESS MAY CONSIST OF THE FF. STEPS:

1. An alien who is of majority age and wishes to be naturalized shall file a declaration of intention to become a citizen before a court. This declaration is necessary to ascertain the sincerity of the foreigner to become a citizen.

2. After a waiting period prescribed by the law, the alien shall file his petition for naturalization before the court.

3. The court shall hear the petition for naturalization. Under this procedure, the foreigner is required to appear before the court together with his witnesses. During the hearing, other persons may appear to oppose the petition for naturalization. After an exhaustive investigation, and the judge is convinced that the alien has fulfilled all the requirements prescribed by law, then the next step follows.

4. After having taken an oath of allegiance, he becomes a new citizen and, therefore, is entitled to the rights and privileges of citizenship. There are certain exceptions, however, where the naturalized citizen cannot be elected to a national office, like that of president and prime minister, or member of the national lawmaking body, or be appointed as judge.

By Legislation. Individual naturalization is also acquired through the lawmaking body.

In the Philippines, Congress may simply enact a law directly conferring upon a foreigner Filipino citizenship. Ex. Gen. Douglas MacArthur

Pursuant to Presidential Letter of Instruction no.270, dated April 11,1975 as amended by Presidential Decree No.491, dated December 29,1976, deserving aliens desiring to become Filipino citizens were naturalized w/o passing through the court. A special committee composed of the Solicitor General, the Deputy Secretary of Foreign Affairs and the Director-General of the former National Intelligence Service Authority (NISA) was created to receive, consider and submit recommendations on applications of aliens for naturalization .

INDIVIDUAL NATURALIZATION IN THE U.S.A.1. An alien who is eighteen years of age or above may declare

before a federal or state court his intention to become an American citizen, first in getting himself a job or to prove in any other way that he intends to be a citizen of the United States;

2. The alien-applicant must file a petition with the proper court which he must do when he reaches the age of 18. He must also be a resident of the United States for a continuous period of five years;

3. He is ordered to appear before the court for an examination to answer questions about American government. If he passes the examination, he takes the fourth step;

4. The alien-applicant takes an oath of allegiance to the government of the United States which makes him a citizen.

GROUP NATURALIZATION- GROUP OR COLLECTIVE NATURALIZATION

Citizens of territories of a colonizer-state may be collectively naturalized as citizens of the colonizer-state by means of a treaty, joint resolution, or by a statute. For example, Texas naturalized collectively in 1845 as American citizens by a joint resolution of the American Congress. People of Louisiana, Alaska, and Florida naturalized collectively by treaty and Hawaii, Guam, Puerto Rico and Virgin Islands by special statute.

LOSS OF CITIZENSHIP1. 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 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 in the Philippine Armed Forces in time of war.

REACQUISITION OF LOST PHILIPPINE CITIZENSHIP

1. by NATURALIZATION

2. by repatriation of deserter of the Armed Forces of the Philippines

3. by direct act of the Congress of the Philippines

FOR APPLICATIONS FILED IN THE PHILIPPINES