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Citizenship
 

Citizenship

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    Citizenship Citizenship Presentation Transcript

    • Article IV : Citizenship
    • What comes into your mind whenyou hear the word “Citizenship”?
    • What is Citizenship?• It is a term denoting membership of a citizenin a political society. (De Leon)• The duties and responsibilities that come withbeing a member of a community. (Microsoft®Encarta® 2008)• A duty of allegiance on the part of themember and duty of protection in the part ofthe state.
    • Section 1. The following arecitizens of the Philippines:1. Those who are citizens of the Philippines at thetime of the adoption of this Constitution;2. Those whose fathers or mothers are citizens ofthe Philippines;3. Those born before January 17, 1973, of Filipinomothers, who elect Philippine citizenship uponreaching the age of majority; and4. Those who are naturalized in accordance withlaw.
    • Kinds of Filipino Citizen• Natural – Born Citizen of the Philippines• The Citizen by Election– The citizen by election will fall to Natural BornCitizen on the time of election.• Naturalized Citizen
    • Two modes of Acquiring Citizenship• Natural Born• Naturalized citizens
    • Natural- Born Citizen– Citizens of the Philippines from birth withouthaving any act to acquire of perfect theirPhilippine citizenship.• The citizen is a Filipino without interruption• True natural born citizen under the 1987 constitution
    • Natural- Born Citizen• Those born before January 17, 1973, ofFilipino mothers, who elect Philippinecitizenship upon reaching the age of majority.– Those who elect Philippine Citizen upon reachingthe age of maturity.– A citizen acquiring citizenship by election is not atrue natural born citizen, from birth to the time heelects, he is an alien.
    • Meaning of Alien• Non-citizen resident of country: a citizen of acountry other than the one he or she iscurrently in. (Microsoft® Encarta® 2008)• A citizen of a country who is residing in orpassing through another country• Popularly called “Foreigner.”
    • Section 2. Natural-born citizens are those whoare citizens of the Philippines from birthwithout having to perform any act to acquireor perfect their Philippine citizenship. Thosewho elect Philippine citizenship inaccordance with paragraph (3), Section 1hereof shall be deemed natural-born citizens.
    • Naturalized Citizen• Principle of citizenship based on jus sanguinis• The process of making an alien citizen andgiving him the rights or priviledges of a citizen.• Proceeding in the court to acquire FilipinoCitizenship
    • Ways of Acquiring Citizenship• Birth• Judicial Decision• Naturalization• Marriage• Legislation
    • Citizens by Birth• There are two principles that governcitizenship by birth:1. Jus Sanguinis – Blood relationship is the basis forthe acquition of citizenship.- The children follow the citizenship of their parents ofone of them.- The child of an unmarried Filipino woman with analien father is a Filipino.
    • 2. Jus Soli or Jus loci – The place of birth serves as thebasis for acquiring citizenship.- A person becomes a citizen of a state where he is bornirrespective of the citizenship of the parents.- A child born in the Philippines of foreign parents is aFilipino.- One born in the Philippines of American parents is also aFilipino Citizen.
    • Section 3. Philippine citizenship may be lost orreacquired in the manner provided by law.
    • Judicial Decision• It is the determination by a court ofcompetent jurisdiction on matters submittedto it.• The administration of justice according toestablished rules and principles.
    • Citizens by Naturalization• Naturalization if the act of formally adopting aforeigner into the political body of the stateand clothing him with the rights andpriviledges of citizenship.• The renunciation if the former nationality andthe fact of entrance to similar relationshiptowards a new body politic.
    • Section 4. Citizens of the Philippines who marryaliens shall retain their citizenship, unless bytheir act or omission they are deemed, underthe law, to have renounced it.
    • Citizens by Marriage• Marriage of a Filipino Citizen (whether male orfemale) to an alien spouse does not makeFilipino an alien nor the husband or wife, analien, a Filipino.• The Filipino citizenship is retained unless bythe act or omission of the Filipino, renouncinghis or her citizenship.
    • Citizenship by Legislation• Philippine citizenship maybe lost or acquiredin the manner provided by law; under thegeneral authority of congress that legislativepower is vested in it.Section 3. Philippine citizenship may be lost orreacquired in the manner provided by law.
    • Importance of Philippine Citizenship• Right to hold public positions• Qualified for appointment for positionsreserved for citizens.• A natural born citizen or naturalized citizencan engage in retail business ; acquire privateland, vote during election, plebecite or otherpolitical exercises ; to be protected by thegovernment even when abroad
    • NaturalizationSection 3. Philippine citizenship may be lost orreacquired in the manner provided by law.• The congress under its general legislativepower can pass laws governing the acquisitionand loss of citizenship.• The present Naturalization law of thePhilippines is Commonwealth Act No. 473.
    • Commonwealth Act No. 473An act to provise for the acquisition ofPhilippine citizenship by naturalization, andto repeal acts numbered twenty-ninehundres and twenty-seven and thirty-fourhundred and forty-eight.
    • Qualitfications forPhilippine Naturalization• Under Section 2 of the Revised NaturalizationLaw the applicant must possess the followingqualifications:– He must not be less than twenty-one years of ageon the day of the hearing of the petition;– He must have resided in the Philippines for acontinuous period of not less than ten years;
    • – He must be of good moral character and believesin the principles underlying the PhilippineConstitution, and must have conducted himself ina proper and irreproachable manner during theentire period of his residence in the Philippines inhis relation with the constituted government aswell as with the community in which he is living;
    • – He must own real estate in the Philippines worthnot less than five thousand pesos, Philippinecurrency, or must have some known lucrativetrade, profession, or lawful occupation;– He must be able to speak or write English orSpanish or anyone of the principal languages;
    • – He must have enrolled his minor children ofschool age in any of the public or private schoolsrecognized by the Bureau of Public Schools of thePhilippines where Philippine history, governmentand civics are taught or prescribed as part of theschool curriculum, during the entire period of theresidence in the Philippines required of him priorto the hearing of the petition for naturalization asPhilippine citizen;
    • Residence Reduced to Five Years• The ten year residence requirement isreduced to five years when the applicantpossesses any of the following specialqualifications :1. Having honorably held office under theGovernment of the Philippines or under thatof any of the provinces, cities, municipalilities,or political subdivisions thereof.
    • 2. Having established a new industry orintroduced a useful invention in thePhilippines.3. Being married to a Filipino woman.4. Having been engaged as a teacher in thePhilippines in a public or a recognized privateschool not established for the exclusiveinstruction of children of persons of aparticular
    • nationality or race, in any of the branches ofeducation or industry for period not less thantwo years.5. Having been born in the Philippines
    • Who are not qualified to apply fornaturalization of the RevisedNaturalization Law?Under Section of 4 of the Revised NaturalizationLaw, the following persons cannot qualify forPhilippine citizenship:1. Persons opposed to organized government oraffiliated with any association or group ofpersons who uphold and teach doctrinesopposing all organized governments;
    • 2. Persons defending or teaching the necessityor propriety of violence, personal assault, orassassination for the success andpredominance of their ideas;3. Polygamists or believers in the practice ofpolygamy;4. Persons convicted of crimes involving moralturpitude;
    • 5. Persons suffering from mental alienation orincurable contagious diseases;6. Persons who during the period of their stay inthe Philippines, have not mingled socially withthe Filipinos, or who have not evinced asincere desire to learn and embrace thecustoms, traditions, and ideals of the Filipinos;
    • 7. Citizens or subjects of nations with whom thePhilippines is at war8. Citizens or subjects of a foreign country otherthan the United States, whose laws do notgrant Filipinos the right to become naturalizedcitizens or subject thereof;
    • Requirement to File Declaration ifIntention to become Filipino• File bona fide intention to become a citizen ofthe Philippines in the Rehional Trial Court onthe place where the person is residing.• He must submit his name, age, occupation,personal description, place of birth, lastforeign residence and allegiance, date odarrival, name of the vessel or aircraft.
    • • No declaration shall be valid until lawful entryfor permanent residence was established(filing of documentary proof).• The declarant must also state that he hasenrolled his minor children if any in any of thepublic or private school recognized by thegovernment.• Must submit two photographs of himself.
    • Persons exempted from filingDeclaration of Intention1. Persons born in the Philippines and havereceived their primary and secondaryeducation in public school or private schoolrecognized by the governmenr and notlimited to any race of nationality.2. Those who hace resided continuously in thePhilippines for thirty years or more beforefiling their application; with the addedrequirements that they have given primary
    • primary and secondary education to theirchildren in the public schools or in privateschools recognized by the government andnot limited to any nationality or race;3. Widow and minor children of an alien whohas declared his intention to become a citizenif the Philippines and dies before he is actuallynaturalized.
    • Taking of Oath by Applicant• The court upon motion of the Petitioner, willconduct hearing after two years from thedecision becomes final. If the court finds andit is satisfied that the petitioner during theintervening period :1. Has not left the Philippines2. Has dedicated himself continuously to alawful calling profession
    • 3. Has not been convicted to any offense ofviolation of governement promulgated rules.4. Has not committed any act of prejudicial tothe interest or the nation or contrary to anygovernment announced policies.
    • Effects of Naturalization ApplicATION• Applicant becomes entitled to all rights andprivileges of citizens, and not reserved tonatural-born Filipinos.• Legitimate minor children to all rights andprivileges of citizens, and not reserved tonatural born Filipinos.• Wife of a petitioner becomes ipso factoFilipino citizens provided she can be lawfullynaturalized. Provided she can be lawfully
    • naturalized means that the wife has nodisqualification. She does not need to havethe qualifications for naturalization.• Citizen us not acquired by adoption. Anadopted alien by Filipino adopter does notbecome a Filipino because of the adoption.• If one of the spouse Filipinos becomes analien, the other retains his/her Philippine
    • citizenship unless by an act or commisionhe/she is deemed under the law to haverenounced the Philippines citizenship.• Philippines citizenship, whether bynaturalization or natural-born can not be castor renounced in times of war.