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Article 4 Citizenship
- 1. Prepared by Raizza P. Corpuz © Page 1
CITIZENSHIP
It is a membership in political community which is personal and more or less permanent in character
Modes of Acquiring Citizenship
1. By BIRTH
a. Jus Sanguinis- acquisition of citizenship on the basis of BLOOD relationship
b. Jus Solis- acquisition of citizenship on the basis of the PLACE of birth
2. By NATURALIZATION
- The act of adopting an alien and clothing him the privilege of a native-born citizen
3. By MARRIAGE
Q: What PHILIPPINES followed?
A: Jus Sanguinis and NATURALIZATION
Q: Who are the citizens of the Philippines?
1. Those who are Filipino citizens at the time of the adoption of the 1987 Constitution
2. Those whose fathers and mothers are Filipino citize3 of ns
3. Those who are 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
Q: Who are natural born citizens?
A: 1. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship
2. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
Q: What is the rule regarding marriage of a Filipino with an alien?
A: GR: the Filipino retains Philippine citizenship
XPN: If, by their act or omission they are deemed under the law, to have renounced it
CASE ANALYSIS:
Miguel Sin was born a year ago in China to Chinese father and a Filipino mother. His parents met in Shanghai where they lawfully married just 2 years ago. Is Miguel Sin a Filipino citizen?
A: YES, because he is the legitimate child of a Filipino mother. Under Article $ Section 4 of the 1987 Constitution, his mother retained her Philippine citizenship despite her marriage to an alien husband, and according to Article Section 1 (2) children born Filipino mother are Filipino citizens
- 2. Prepared by Raizza P. Corpuz © Page 2
References:
Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City Metro Manila
De Leon 2007, Philippine Constitution Rex Bookstore Manila