CITIZENSHIP<br /><ul><li>Citizenship is a term denoting 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 is a person having the title of citizenship. He is the member of a democratic community who enjoy full civil and political rights, and is accorded protection inside and outside the territory of the State.</li></li></ul><li>Distinguished From Nationality And Nations.<br />From the point of view of international law, “Citizenship” and “citizen” do not exactly mean the same as “Nationality “and “national.”<br />The national of a State include not only its citizens who enjoy full civil and political privileges but also all others who are not its citizens, but because they owe allegiance to it, are not regarded as aliens,<br />While all citizen are nationals of a State, not all nationals are citizens of a state. <br />
Meaning of subject and alien.<br /><ul><li>A Citizen is a member of a democratic community who enjoys full civil and political rights. In Monarchial State, He is often called Subject.
An alien is a citizen of a country who is residing in or passing through another country. he is a popularly called “foreigner.”He is not given the full rights to citizenship but is entitled to received protection as to his person or property.</li></li></ul><li>General ways of Acquiring Citizenship.They are :<br /><ul><li>Involuntary method.
by birth, because of blood relationship or place of birth.
by naturalization, except incase of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a result of a conquest or treaty.</li></ul>These two modes of acquiring citizenships correspond to the two kinds of Citizen,<br />Natural-Born and Naturalized citizens.<br />
Citizens by birth:<br />There are two principles or rules that govern citizenship by birth namely:<br /><ul><li>Jus Sanguinis- blood relationship is the basis for the acquisition of citizenship under this rule. The children follow the citizenship of the parents or one of them.
Jus Solior Jusloci- place birth serves as the basis for acquiring citizenship under this rule. A person becomes a citizen of the state where he is born irrespective of the parents. This principle prevails in the United State.</li></li></ul><li>Citizenship at the time of the adoption of the Constitution.<br />The citizens referred to are those considered Filipino citizens under the 1973 Constitution at the time of the affectivity of the new Constitution on February 2, 1987 by virtue of proclamation No. 58 of the president.<br />The purpose of section 1 is to protect the status of those who were already citizens at the time the new Constitution took effect.<br />A Filipino citizen under the 1973 Constitution who has lost his citizenship at the time of the time of the ratification of the new Constitution is not a citizen of the Philippines. <br />
Citizenship by Blood Relationship.<br />The Philippines, in accordance with section 1, paragraph 2, follows the principle of the <br />jus sanguinis. In the determination of the citizenship of the child, Filipino mothers are placed by the Constitution on equal footing with their husbands. This dignifies the Filipino woman. The Father or Mother may be a natural-born Filipino or a Filipino by naturalization or by election.<br />If the child is born in a state where the rule of jus soli obtains, or the child’s father or mother is an alien, it would be a case of a dual citizenship. <br />
Citizen Through Election Under the 1935 Constitution.<br />Under the 1935 Constitution, a child born of the Filipino mother, who was married to a foreigner, is born an alien and remains an alien during his minority until he elects Philippines citizenship.<br />The rule then, as it is now, is that a Filipina does not lose her citizenship by her marriage to an alien. However, it was not clear whether those who had elected citizenship under the 1935 Constitution are to be considered as natural-born Filipino citizens.<br />
Citizen by naturalization.<br />1. Certain rights and privileges, duties and obligations limited to Filipino citizens.<br /><ul><li>under our constitution and our laws there are certain rights and privileges that could be enjoy only by Filipino citizens.</li></ul> under the constitution, only qualified citizens can exercise the right of suffrage.<br />
Note:<br />No person may be elected as President or Vice President or member of Congress, or appointed member of the supreme Court or any lower collegiate court, or member of any of the Constitutional Commissions, or of the Central Monetary Authority, Ombudsman or his Deputy <br /> unless he is a natural-born citizen <br /> of Philippines. <br />
2. Constitution nationalistic in character.<br />3. Care in granting or denying privilege of naturalization essential.<br /><ul><li>if the privilege of naturalization would be granted on easy terms to foreigner not seriously intent on acquiring Filipino citizenship but not only desirous of improving his economic condition, then it is likely that the nationalistic provisions of the Constitution would be reduced to a barren form or words.</li></li></ul><li>4. Ideals policy on naturalization.<br /><ul><li>the policy on naturalization should be guided by our own national interest.</li></ul>Perhaps the ideal is that only those who have come to love the country, who have integrated themselves into the citizenry and who can contribute to the develop of the nation should be conferred citizenship by naturalization.<br />
Meaning of naturalization<br />Naturalization is the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privilege of citizenship. <br />It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. <br />
Nature of naturalization.<br />An alien does not have a natural, inherent or vested fight to be admitted to citizenship in a state. Citizenship is a matter of grace, favor or privilege which a sovereign government may confer on, or withhold from , an alien or grant to him under such conditions as it sees fit without the support of any reason whatsoever. Citizenship in our Republic, be it ever Most powerful nation f the world, can take such Citizenship for granted or assume it as a matter of Right.<br />In view of the above principles , the rule is that in case of doubt concerning the grant of citizenship, such doubt be resolved in favor of the state and against the applicant for naturalization.<br />
Ways of acquiring by naturalization.<br />A person may be naturalized in three ways:<br />1.By judgment of the court.<br /><ul><li>the foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional trail court .the revise naturalization act is the present naturalization law. such law shall also continue in force pursuant to the transitory provision of the Constitution (Art. XVIII, Sec.3.);</li></li></ul><li>2.By direct act of congress<br /><ul><li>in this case our law-making body simply enacts an act directly conferring citizenship or a foreigner.</li></ul>3.By administrative proceeding<br /><ul><li>Under R.A. No.9139 (Jan, 8, 2001), Known as the administrative naturalization law of 2000,”aliens born and residing in the Philippines may be granted Philippine citizenship by administrative proceedings before a special committee on naturalization. The petition for citizenship shall be filled with the committee which has the power to approve, deny or reject application as provided in the law.</li></li></ul><li>Kinds of citizens under the constitution.They are:<br />1. Natural-born citizens.<br /> they refer to those:<br />a. Who at the moment of their birth are already citizens of the Philippines, and <br />b. Do not have perform any act to acquire His Philippine Citizenship. So a child born of Filipino Parents, or a Filipino Father, or a Filipino Mother after the Ratification of the 1973 constitution on January 17, 1973, is natural-born Citizen .It would seemed that a natural born citizen who hast lost his citizenship but subsequently reacquired it is not a natural born citizen in view of letter.<br />. <br />
2. Citizens at the time of adoption of the new Constitution.<br /><ul><li>they refer to those who are considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new Constitution.</li></ul>3. Citizens through election.<br /><ul><li>they refer to those born of Filipino mothers before January 17, 9173 who upon reaching the age of majority elect Philippines citizenship after the ratification of the 1973 constitution (Even prior to the affectivity of the new constitution on Feb. 2, 9187) pursuant to the provisions of the 1935 Constitution. They are placed on the level as those born of Filipino mothers on or after January 17 9173.</li></li></ul><li>4. Naturalized citizens<br /><ul><li>they refer to those who were originally citizens of another country, but who, by an intervening act (i,e., naturalization), have acquired new citizenship in a different country.</li></li></ul><li>Loss of citizenship.A Filipino citizen may lose his citizenship in any of the following ways:<br />1. Voluntarily.<br /><ul><li>they are:</li></ul>a. by naturalization in foreign country (see R.A. No.9225 infra.)<br />b. by express renunciation of citizenship;<br />c. by subscribing to an oath of allegiance to support the constitution and laws of a foreign country;<br />d. by rendering service to, or accepting commission in the armed forces of a foreign country ( except under certain circumstances).<br />
2. Involuntary<br /><ul><li>they are </li></ul>a. by cancellation of his certificate of naturalization by the court: and<br />b. by having been declared by competent authority, a disaster in the Philippine armed force in the time of war.<br />The voluntary lost or renunciation of one’s nationality is called expatriation. In time of war, however, a Filipino citizen cannot expatriate himself.<br />
Reacquisition of lost Philippine citizenship.<br />Citizenship may be reacquired:<br />1. by naturalization provide the applicant possesses none of the disqualifications provided in the naturalization law.<br />2. by repatriation of deserters of the Philippines armed forces and women who lost their citizenship by reason of marriage to an alien, after the termination of their marital status: and<br />3. by direct act of the congress of the Philippines.<br />Repatriationis affected by merely taking the necessary oath of allegiance to the Republic of the Philippines and registering the same in the proper civil registry.<br />
Effect of marriage of citizens to an alien.<br />Under the section 4, a citizen of the Philippines who marries an aliens does not lost his/her Philippine citizenship even if by the law s of his/her wife’s/ husband’s country, he/she acquires her/his nationality.<br /> The exception is where “by their act or omission they are deemed under the law, to have renounced their citizenship,” such as (under an existing law) subscribing to an oath of allegiance to support the constitution and the laws of a foreign country. A Filipino Woman, who upon marriage to an alien acquires his citizenship, will possesses two citizenships Philippine citizenship and that of her husband.<br />
Dual allegiance of citizens.<br /><ul><li>Section 5 prohibits more particularly naturalized Filipinos from practicing what is called “dual allegiance” which refers to the continued allegiance of naturalized national to their country even after they have acquired Filipino citizenship. It is declared inimical to national interest. And congress is required that it be dealt with by law.</li></ul>Dual citizenship, on the other hand, refer to the possession of two citizenships by an individual, that of his original citizenship and that of the country where he became a naturalized citizen.<br />
Note:<br />That the Section 5 prohibits is not dual citizenship but dual allegiance of citizenship arises because our laws cannot control laws of other countries on citizenship.<br />While it is not per se objectionable, the status of dual citizenship may be regulated or restricted by law where it is conductive or could lead to dual allegiance.<br />
Retention and reacquisition of citizenship.<br /><ul><li>Filipinos aboard may now acquire dual citizenship. R.A. No. 9225, the “Citizenship Retention and Re-acquisition Act of 2003” (approved August 29, 2003), declares it the policy of the State that all Philippines citizens who become citizens of another country shall be deemed not to have lost their Philippines citizenship under the conditions of the Act.</li></li></ul><li>Retention and reacquisition of citizenship<br />Retention of Philippines citizenship.<br /><ul><li> any provision of law to the contrary notwithstanding, natural-born citizens of the Philippines who have lost their Philippines citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:</li></ul>2. Derivative citizenship.<br /><ul><li> The unmarried child, whether legitimate, illegitimate or adopted, below 18 of age, of those who re-acquired Philippines citizenship upon affectivity of the Act shall be deemed citizens of the Philippines.</li></li></ul><li>3. Civil and political rights and liabilities.<br /><ul><li>those who retain or re-acquire Philippines citizenship under the Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions:</li></li></ul><li>Rights with corresponding obligations.<br />Citizens should realize that for every right (see Art. II.) There must be a corresponding duty. If the people are aware not only of their rights but also of their obligations, there will be less misunderstanding and less conflict in society.<br /> One of the reasons for the turmoil and ferment in many countries is the attitude of demanding one’s rights under the law and yet being forgetful of one’s duties as a citizens.<br />Rights become fully available for enjoyment only when all the citizens, without exception, comply loyally with all their obligations. The rights to life, liberty, and property, for instance, are but partially available foe enjoyment so long as there are members of the political community who are deficient in that necessary compliance.<br />
Duties and obligations of citizens.<br />1. To be loyal to the republic.<br /><ul><li>by loyalty, we mean faith and confidence in the republic and love and devotion to the country. The citizen must be proud of his country, its customs, traditions, language, and institutions. He must share in its glories and feel sad in its misfortunes. It is the “home of our people, the seat of our affections and the source of our happiness and well-being.”</li></ul>2. To defend the state.<br /><ul><li>Men may differ and do differ on religious beliefs and creeds, government policies, the wisdom and validity of laws, even the correctness or judicial decisions and decrees, but in field of love of country, national unity, and patriotism, they can hardly afford to differ for these are matters in which they are mutually and vitally interested, for to them they mean national existence or survival as a nation or national extinction.</li></li></ul><li>3. To contribute to the development and welfare of the state.<br /><ul><li> the development and welfare of the state should be the concern of every citizen for he will be the first to enjoy the benefits thereof. Anything that affects him, individually and personally. He is affected by its ills and disorder, growth and stability.</li></ul>4. To uphold the constitution and obey the laws.<br /><ul><li> the constitution is the expression of the sovereign will of our people. It is the shrine for all the hopes and visions for our nation. Laws are enacted in accordance with it for the good of all. It is therefore the duty of every citizen to defend and respect the constitution and obey the laws. If the people would disregard them, the government would collapse, and this would mean lawlessness and the disintegration of the social order. The constitution contains provisions designed to insure that is the accorded the due respect that is deserve.</li></li></ul><li>5. To cooperate with duly constituted authorities.<br /><ul><li>community living imposes obligation and responsibilities upon the individual. The larger interest of the group and the nation that he must serve necessarily involve his own. And he would be recreant to the claims of that interest if he did not actively concern himself with the affairs of his government. It is not enough for example that a citizen should take care that in his daily life he does not violate any of the multitudinous rules. Regulations and ordinance of the states. He must also to it that the laws are observe by the whole community. That the officers of the laws attends to their enforcement and properly perform their duties supine and passive inaction is worse than actual and flagrant infringement of the laws of the land. In the letter case, the laws itself provides a remedy and administer a corrective measure to the erring individual.</li></li></ul><li>6. To exercise rights responsibly and with due regard for the rights of others. <br /><ul><li>society is composed of men, each with interest of his own. In the course of life, the interest of man conflict with those of many others. Amidst the continuous clash on interest, the ruling social philosophy should be that, in the ultimate social order, the welfare of every man depends upon the welfare of all.</li></ul>7. To engagein gainful work.<br /><ul><li> Employment is not the obligation solely of the state. Every citizen should consider it his own responsibility and should strive to become a useful an productive member of society to assure not only himself but, perhaps, more important, his family a life worthy of human dignity.</li></ul>8. To register and vote.<br /><ul><li>suffrage is both a privilege and a duty which every qualified citizen must perform. Ts is through suffrage that the will of the people is expressed. The quality of public official of the government, depend, direct or indirectly, upon the voters. </li></li></ul><li>SUFFRAGE<br />
SUFFRAGE<br />Suffrage is the right and obligation to vote qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.<br />
Nature of suffrage <br /><ul><li>A mere privilege
Recall</li></li></ul><li>Nature of suffrage <br />A mere privilege.<br /><ul><li>suffrage is not a natural right of the citizens but merely a privilege to given or withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of society.</li></ul>2. A political right.<br /><ul><li>in the sense of a right conferred by the constitution, suffrage is classified as a political right, enabling every citizen to participate in the process of government to assure that it derives its powers from the consent of the governed (see Art. II sec.1) the principle is that of one man, one vote.(supra) entrust, for the time as their representatives, the exercise of powers of government;</li></li></ul><li>3. Plebiscite.-it is the name given to a vote of the people expressing their choice for or against a propose law or enactment submitted to them. In the Philippines, the term is applied to an election at which any proposed amendment to, or revision of, the constitution is submitted to the people for their ratification.(Art. XVII sec.2.) Plebiscite is likewise required by the constitution to secure the approval of the people directly affected before certain propose change affecting local government units may be implement (Art. X, Sec. 10, 11, 18.); <br />4. Referendum.-It is the submission of a law or part thereof passed by the nation or local legislative body to the voting citizens of a country for their ratification or rejection (art. VI, Sec. 32) <br />
5. Initiative-It is the process whereby the people directly propose and enact laws. Congress is mandated by the Constitution to provide as early as possible foe a system of initiative and referendum. (Ibid.) Amendments to the constitution may likewise by directly propose by the people through initiative (Art. XVII, Sec.2.); and<br />6. Recall-it is tenure method by which a public officer may be removed from officer may be removed from office during his tenure of before the expiration of his term be a vote of the people after registration of a petition signed be a required percent-age of the qualified voters.(Art. X, sec.3.)<br />
Qualifications of voters.<br />He must be:<br />1. A citizen (male of female) of the Philippines;<br />2. Not otherwise disqualified by law;<br />3. At least eighteen (18) years of age; and<br />4. Have resided to voter for at least six (6) months preceding the election.<br />
Age qualification.<br />There must be some minimum age for voting. No one, no matter how ardent his belief in democracy, has ever contended that human being must be permitted to participate in the section of public officials from the day of their birth. The suffrage qualification is based on the assumption that under a certain age, human beings do not have the maturity, experience, education, and sense of judgment that will enable them to vote with any reasonable degree of intelligence.<br />No general agreement exists as to the exact age which the individual supposedly attains the maturity sufficient for political participation. While there minimum voting age in every State, no country, however, has as yet seen fit to set a minimum age limit.<br />
Residence qualification.<br />A voter must have been a permanent resident of the Philippines for at list one (1) year preceding the election.<br /><ul><li>Six (6) months residence in a province, city or municipality is considered the minimum length of time within which a person can adequately familiarize himself with the needs and conditions and the personalities of locality. Giving him a right to vote before period, it is contended, will return in unpurposive and mechanical voting.
The requirement as to residence is desirable in order that registration list may be prepared and check in ample time to prevent fraud.</li></li></ul><li>Persons disqualified to vote.The responsibilities of determining who may be “disqualified by law” and, therefore, may be precluded for exercising the right suffrage, is left by the constitution to congress. As to who are disqualified to vote, the law enumerates them as follow:<br />1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or grated amnesty. But such person shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;<br />
2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duty constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with laws. Such person shall likewise automatically regain his right to vote upon expiration of five (5) years of sentence; and<br />3. Insane or incompetent persons as declares by competent authority. The above persons are not qualified to vote even if they have the necessary qualification. <br />
Arguments justifying remove of literacy requirement.<br />The 1973 Constitution removed the requirement under the 1935 Constitution on ability to read and write such that then as now an illiterate person has the right to vote. The illiterate voter is not necessarily an ignorant voter.<br />The arguments for its removal have been summarized as follows:<br /> <br />This requirement that a voter must know how to read and write”<br />
Property requirement prohibited<br />Property ownership not a test of an individual’s capacity.<br /><ul><li> the justification for the abolition of property qualification is the assumption that ownership of property, per se, neither adds to nor detracts from a man’s capacity to function properly and fully as a social and political being . Today, the argument that only property holders have “a stake in the community” is considered obsolete. It is the human person, not property that is to be represented, and given primacy in the hierarchy of values. </li></ul>2. Property requirement inconsistent with concept of republican government.<br /><ul><li> the imposition of property qualification on the voters would be Inconsistent with the very nature and essence of our republican system of government ordained in our Constitution, for said political system is premised upon the tenet that sovereignty resides in the people and all government authority emanates from them (Art. II, sec. 1.), and this in turn, implies necessary that the right to vote and to be voted shall not be dependent upon the wealth of the individual concerned.</li></li></ul><li>3. Property requirement inconsistent with social justice principle.<br /><ul><li>social justice presupposes equal opportunity for all, rich and poor alike.(Art. XIII, Sec.1.). Accordingly, no person shall, by reason of poverty, be denied the chance to vote and to be elected to public office. In a case, the supreme court declared as unconstitutional a law requiring all candidates for public officers to post a surely bond equivalent to the one (1) year salary or emoluments of the position for which they are candidates which shall be forfeited if the candidates, except when declared winner, fail to obtain at least 10% of the votes cast for the office to which they have filed their certificates of candidacy. This law, according to the supreme court, in effect, impost a property qualification.</li></li></ul><li> Other substantive requirements prohibited.<br />1. Education. <br /><ul><li>as a general principle, the more education a man has, the better and more valuable member of society he will be. Yet it is quite possible for people to become an important asset to government and the social body with little or no formal schooling. Formal education itself is no guarantee of good citizenship or of intelligent voting. Furthermore, the requirement of a high school or even an elementary education would disenfranchise large segments of poorer classes of our population. </li></li></ul><li>2. Sex.<br /><ul><li>the antagonism in the past of female suffrage stemmed in some degree from the belief that a woman’s place was in the home and that the performance of public duties was the function of the male members of the family. In other cases, the opposition was based on political expediency rather than on principle. At the present time, unless one is willing to contend that women, simply by virtue of their womanhood, are incapable of free and intelligent social and political activity, there would seem to be no adequate or justifiable basis for depriving them of equal voting rights with men.</li></li></ul><li>3. Taxpaying ability.<br /><ul><li>this restriction is related to property requirement for voting. Congress cannot by law deny to an individual the right to vote on the ground that he is exempted from taxation or is not liable to pay tax or the taxes paid by him or for which he is liable during the year are below a specified amount.</li></li></ul><li>Compulsory suffrage<br />The 1973 Constitution made registering and voting a mandatory obligation of every qualified citizen. Noteworthy is the fact that Section 1 uses the word “may” as in the 1935 Constitution in place of the word “shall” in the 1973 Constitution. In view of the permissive language of the Constitution, it is doubtful whether the failure to perform the obligation to register and vote can be criminally punished. <br />
1. Arguments against compulsory suffrage.-those who are against any system ofcoercivevoting say that it is not only undemocratic but that no useful purpose would be served by dragging the people to the polls against their will. They maintain that it is not the size but the quality for the vote cast that is important, and that individual forced to exercise suffrage might do real injury to the public good by voting blindly and unintelligently.<br />2. Arguments in favor of compulsory suffrage.-the proponents of compulsory suffrage , on the other hand, content that a requirement that would force an apathetic individual to the polls would make him aware of the responsibility that rests on him and would encourage him to be come acquainted with the issues and personalities involved in the election. Once interest is awakened by actual participation, the matter coercion , they feel, would become a secondary motive.<br />
System for securing the secrecy and sanctity of the ballot.<br />The right to vote has reference to a constitutional guarantee of the utmost significance. It is a right without which principle of sovereignty residing in the people (Art. II Sec., 1.) Becomes nugatory. It is essential then to insure that the voters shall exercise their right freely , “uninfluenced by threats, intimidation or corrupt motive” and “to secure a fair and honest count of the ballots”. To accomplish this aim, Congress directed by the Constitution “to provide a system for securing secrecy and sanctity of the ballot.”<br />
With the enfranchisement of the illiterates and the existence of many disabled voters, this responsibility of the legislative body assumes more importance. The sanctity of the electoral process requires secrecy of the vote. Congress will have to enact a law prescribing procedures that will enable the disable and the illiterates to secretly case their ballots without requiring the assistance of other person, to prevent them from being manipulated by unscrupulous politicians to insure their victory at the polls. Perhaps, a method of voting by symbols maybe devised to make it possible for disabled and alliterate citizens to exercise the right of suffrage. <br />