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CITIZENSHIP
CITIZENSHIP ,[object Object]
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.,[object Object]
Meaning of subject and alien. ,[object Object]
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.,[object Object]
by birth, because of blood relationship or place of birth.
Voluntary Method.
 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.These two modes of acquiring citizenships correspond to the two kinds of Citizen, Natural-Born and Naturalized citizens.
Citizens  by birth: There   are two principles or rules that govern citizenship by birth namely: ,[object Object]
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.,[object Object]
Citizenship by Blood Relationship. The Philippines, in accordance with section 1, paragraph 2, follows the principle of the  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. 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.
Citizen Through Election Under the 1935 Constitution. 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. 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.
Citizen by naturalization. 1. Certain rights and privileges, duties and obligations limited to Filipino citizens. ,[object Object],   under the constitution, only qualified citizens can exercise the right of suffrage.
Note: 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      unless he is a natural-born citizen         of Philippines.
2. Constitution nationalistic in character. 3. Care in granting or denying privilege of naturalization essential. ,[object Object],[object Object]
Meaning of naturalization 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.  It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic.
Nature of naturalization. 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. 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.
Ways of acquiring by naturalization. A person may be naturalized in three ways: 1.By judgment of the court. ,[object Object],[object Object],[object Object]
2. Citizens at the time of adoption of the new Constitution. ,[object Object],3. Citizens through election. ,[object Object],[object Object],[object Object]
2. Involuntary ,[object Object],a. by cancellation of his certificate of naturalization by the court: and b. by having been declared by competent authority, a disaster in the Philippine armed force in the time of war. The voluntary lost or renunciation of one’s nationality is called expatriation. In time of war, however, a Filipino citizen cannot expatriate himself.
Reacquisition of lost Philippine citizenship. Citizenship may be reacquired: 1. by naturalization provide the applicant possesses none of the disqualifications provided in the naturalization law. 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 3. by direct act of the congress of the Philippines. 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.
Effect of marriage of citizens to an alien. 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. 	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.
Dual allegiance of citizens. ,[object Object],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.
Note: 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. 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.
Retention and reacquisition of citizenship. ,[object Object],[object Object],[object Object],[object Object]
Duties and obligations of citizens. 1. To be loyal to the republic. ,[object Object],2. To defend the state. ,[object Object],[object Object],[object Object],[object Object],[object Object]
SUFFRAGE Suffrageis 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.
Nature of suffrage  ,[object Object]
A political right
Plebiscite
Referendum
Initiative
Recall,[object Object],[object Object]
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 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.)
Qualifications of voters. He must be: 1.  A citizen (male of female) of the Philippines; 2. Not otherwise disqualified by law; 3. At least eighteen (18) years of age; and 4. Have resided to voter for at least six (6) months preceding the election.
Age qualification. 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. 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.
Residence qualification. A voter must have been a permanent resident of the Philippines for at list one (1) year preceding the election. ,[object Object]
The requirement as to residence is desirable in order that registration list may be prepared and check in ample time to prevent fraud.,[object Object]
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 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.
Arguments justifying remove of literacy requirement. 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. The arguments for its removal have been summarized as follows:   This requirement that a voter must know how to read and write”
Property requirement prohibited Property ownership not a test of an individual’s capacity. ,[object Object],2. Property requirement inconsistent with concept of republican government. ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
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. 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.
System for securing the secrecy and sanctity of the ballot. 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.”
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.
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage
Citizenship and Suffrage

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Citizenship and Suffrage

  • 2.
  • 3.
  • 4.
  • 5.
  • 6. by birth, because of blood relationship or place of birth.
  • 8. 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.These two modes of acquiring citizenships correspond to the two kinds of Citizen, Natural-Born and Naturalized citizens.
  • 9.
  • 10.
  • 11. Citizenship by Blood Relationship. The Philippines, in accordance with section 1, paragraph 2, follows the principle of the 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. 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.
  • 12. Citizen Through Election Under the 1935 Constitution. 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. 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.
  • 13.
  • 14. Note: 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 unless he is a natural-born citizen of Philippines.
  • 15.
  • 16. Meaning of naturalization 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. It implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic.
  • 17. Nature of naturalization. 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. 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.
  • 18.
  • 19.
  • 20.
  • 21. Reacquisition of lost Philippine citizenship. Citizenship may be reacquired: 1. by naturalization provide the applicant possesses none of the disqualifications provided in the naturalization law. 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 3. by direct act of the congress of the Philippines. 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.
  • 22. Effect of marriage of citizens to an alien. 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. 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.
  • 23.
  • 24. Note: 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. 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.
  • 25.
  • 26.
  • 27. SUFFRAGE Suffrageis 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.
  • 28.
  • 33.
  • 34. 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 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.)
  • 35. Qualifications of voters. He must be: 1. A citizen (male of female) of the Philippines; 2. Not otherwise disqualified by law; 3. At least eighteen (18) years of age; and 4. Have resided to voter for at least six (6) months preceding the election.
  • 36. Age qualification. 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. 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.
  • 37.
  • 38.
  • 39. 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 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.
  • 40. Arguments justifying remove of literacy requirement. 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. The arguments for its removal have been summarized as follows:   This requirement that a voter must know how to read and write”
  • 41.
  • 42. 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. 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.
  • 43. System for securing the secrecy and sanctity of the ballot. 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.”
  • 44. 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.