CITIZENSHIP

Art. IV 1987 Philippine Constitution

Concept of citizenship

 A key part of citizenship was obeying the law and being "deferent to the social and political system" and having internal self-control (Plato).

To be truly human, one had to be an active citizen to the community: to take no part in the running of the community's affairs is to be either a beast or a god! (Aristotle)

• Citizenship was not always about including everybody, but was also a powerful force to exclude persons at the margins of society, such as the outcasts, illegal immigrants and others. In this sense, citizenship was not only about getting rights and entitlements but it was a struggle to "reject claims of entitlement by those initially residing outside the core, and subsequently, of migrant and immigrant labour." But one thinker described democratic citizenship as inclusive, generally, and wrote that democratic citizenship:

• ... (democratic citizenship) extends human, political and civil rights to all inhabitants, regardless of race, religion, ethnicity, or culture. In a civic state, which is based on the concept of such citizenship, even foreigners are protected by the rule of law."

• —Feliks Gross, 1999*

*as cited in WIKIPEDIA.org

CITIZENSHIP-denotes membership in a political community which is

personal and more or less permanent in character.

It must be stressed that admission to citizenship is one of the highest privileges that the Republic of the Philippines can confer upon an alien. It is a privilege that should not be conferred except upon persons fully qualified for it, and upon strict compliance with the law. (So vs Republic, G.R. # 170603, 27 January 2007)

Modes of acquiring citizenship

1. Citizenship by Birth

- a person’s citizenship is determined at the time of his birth by following either of the following principles:

a. Jus sanguinis- under this principle a child follows the nationality or citizenship of the parents regardless of the place of

birth.

b b. jus soli- under this principle a child’s

citizenship is determined by the place of his

birth

The Philippines adheres to the jus sanguinis principle

The Phillippine law on citizenship adheres to the principle of jus sanguinis. Thereunder., a child follows the nationality or citizenship of the parents regardless of the place of his/herBirth, as opposed to the doctrineof jus soli which determines nationality or citizenship on the basis of place of birth. (Valles vs. COMELEC, GR 137000, 9 August 2000.

2. Citizenship by naturalization

-refers to an act whereby a person acquires a citizenship different from that person’s citizenship at birth. Naturalization is most commonly associated with economic migrants or refugees who have immigrated to a country and resided there as aliens, and who have voluntarily and actively chosen to become citizens of that country after meeting specific requirements.

Citizens of the Philippines under the 1987 Constitution

1. Those who are Filipino citizens at the time of adoption of the 1987 Constitution.

a. Those who are citizens under the Treaty of Paris;

b. Those declared citizens by judicial declaration applying the jus soli principle as provided in Sec. 4 of Phil. Bill (Act of July 1, 1902), as amended by Act of 23 March 1912, which provides that only those inhabitants of Phil. Islands continuing to reside therein who were Spanish subjects on the 11th day of april 1899, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Phil. Islands.

c. Those who are naturalized in accordance with law (Act 2927- Naturalization Act,, 1920)

d. Those who are citizens under the 1935 Constitution;

e. Those who are citizens under the 1973 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.

4. Those naturalized in accordance with law.*

* Duka, Constitutional Law.

Naturalization ProcessA. Administrative naturalization pursuant to

R.A. 9139;

B. Judicial naturalization pursuant to C.A. No. 473, as amended;and,

C. Legislative naturalization in the form of a law enacted by Congress bestowing Philippine Citizenship to an alien .

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.

Dual allegiance refers to the situation where a person simultaneously owes, by some positive act, loyalty to two or more states. It is a result of an individual’s volition and is prohibited by the Constitution.

Dual Citizenship

- Arises when, as a result of concurrent application of the different laws of two or more states, a person is simultaneously considered a citizen of said states. It is an involuntary act.

- In including Section 5 in Article IV on citizenship, the concern of the Constitutionla Commission was not with dual citizens per se but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization. (Duka).

- R.A. 9225 does not recognize dual allegiance. On its face, it does not recognize dual allegiance. By swearing to the supreme authority of the Republic, the person implicitly renounce his foreign citizenship. Plainly RA 9225 stayed clear out of the problem of dual allegiance and shifted the burden of confronting the issue of whether or not there is dual allegiance to the concerned foreign country. (Duka)