Citizenship
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Citizenship

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Citizenship Citizenship Presentation Transcript

  • Article IV
    • The following are citizens of the Philippines:
      • Those who are citizens of the Philippines at the time of the adoption of this Constitution;
      • Those whose fathers or mothers are citizens of the Philippines;
      • Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; and
      • Those who are naturalized in the accordance with law.
    • Citizen
      • An individual having the title of citizenship
        • Enjoys full civil and political privileges
    • Citizenship
      • Connotes membership in a political society
      • Implies a duty of allegiance on the part of the member
      • Duty of protection on the part of the State
    • Nationals/Nationality
      • Owes allegiance to the State
      • Not necessarily a citizen
      • E.g. Filipinos during American occupation
        • American nationals but not American citizens
      • Not all nationals are citizens of a State, but all citizens of a State are its nationals
    • Aliens
      • Foreigners
      • Not given full rights to citizenship but should be protected by the State as a person and his property
    • Those who are citizens of the Philippines at the time of the adoption of this Constitution
      • Filipino citizens beginning February 2, 1987
    • Involuntary
      • By birth
      • Because of blood relationship or place of birth
      • No need to do anything
    • Voluntary
      • By naturalization
      • Application
    • Jus Sanguinis
      • Blood relationship
        • Follows the citizenship of the parents or one of them
        • Adopted in the Philippines
    • Jus Soli
      • Place of birth
        • Becomes a citizen of the state where he is born
        • Regardless of the citizenship of the parents
        • Adopted by the United States
    • Mother is a Philippine citizen, while the father is an American citizen. The mother gave birth while they are having a tour at the United States?
    • What is the citizenship of the child?
      • Filipino – Jus Sanguinis
      • American – Jus Soli
      • Dual Citizenship
    • Those whose fathers or mothers are citizens of the Philippines
      • Jus Sanguinis
      • As long as one of the parents is a Filipino citizen
        • Regardless where the child was born
    • Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority
      • Citizens through election under the 1935 Constitution
    • Mother – Filipino (Married) Father – Alien
      • Son is Alien
      • Remains alien throughout his age of minority
      • Unless elects Philippine citizenship
    • Mother - Filipino (Not Married), Father – Alien
      • Son is Alien
    • If one of the parents is alien, child obtains alien citizenship
    • Those who are naturalized in the accordance with law
      • Those who are not Filipino at birth
      • Acquired citizenship by naturalization
    • Naturalization
      • Act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship
      • Renunciation of previous nationality
    • Judgement of the Court
      • Application for naturalization (RTC)
      • Must have all qualifications and none of the disqualifications
        • Revised Naturalization Act
    • Act of Congress
      • Law making body passes a law conferring citizenship to a foreigner
    • “ 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.”
    • Natural-born Citizens
      • Filipinos at birth
      • Do not have to perform any act to acquire citizenship
    • Example
    • Johnny Dela Cruz migrated to the US when he was 21 and elected to renounce his Philippine citizenship and embrace American citizenship. However, on his retirement, he decided to retire in the Philippines, thus he decided to reacquire his Philippine citizenship. Can he be considered a natural-born Philippine citizen?
    • Citizens at the time of adoption of the new Constitution
      • Philippine citizen under the 1973 constitution or on January 17, 1973
    • Citizen through election (1935 Constitution)
      • Born before Jan.17, 1973, upon reaching age of majority elected Philippine citizenship even after the ratification of the 1973 constitution
    • Naturalized Citizen
    • “ Philippine citizenship may be lost or reacquired in the manner provided by law.”
    • Voluntary
      • Naturalization in a foreign country
      • Expatriation - Renunciation of citizenship
      • Taking an oath of allegiance to a foreign country
      • Rendering services to the Armed Forces of a foreign country
    • Involuntary
      • Cancellation of certificate of naturalization
        • punishment
      • Deserter in the Armed Forces of the Philippines in time of war
    • Naturalization
    • Act of Congress
    • Repatriation
      • Marrying members of Armed Forces of a foreign country
      • Termination of Marital Status
        • Oath of Allegiance to the Philippines
        • Registering in the Civil Registry
    • “ 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.”
    • Marriage
      • Binding contract / Mutual
      • Citizenship of the husband/wife is also absorbed by their partner
      • A Philippine citizen woman married a Singaporean businessman. What is now the citizenship of the woman?
        • Philippine Citizen and that of her husband
        • Dual Citizenship
    • “ Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.”
    • Continued allegiance of naturalized nationals to their mother country
    • Dual citizenship is different from Dual Allegiance
      • Dual citizenship is accepted
      • Dual allegiance is illegal
        • Inimical to national interest
        • Can’t serve two masters at the same time
        • In times of war, you were called on by the Philippine government to render service