2. LEARNING OBJECTIVES
• At the end of this chapter the
students should be able to;
1. Demonstrate the Filipino duties and
obligations as a citizen.
3. 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.
CITIZENSHIP
4. 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.
5. From the point of view of international law,
"citizenship" and "citizen" do not exactly mean
the same as "nationality "and "national." 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. While all citizens are
nationals of a State, not all nationals are
citizens of a state.
CITIZENSHIP AND CITIZEN
DISTINGUISHED FROM
NATIONALITY AND NATIONAL
6. MEANING OF
SUBJECT AND ALIEN
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 receive protection as to his person or
property.
7. 1. Involuntary method - by birth, because of
blood relationship or place of birth.
2. Voluntary Method - by naturalization, except in
case 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.
GENERAL WAYS OF
ACQUIRING CITIZENSHIP
8. WHAT ARE THE MODES IN
ACQUIRING PHILIPPINE
CITIZENSHIP?
1. Filipino By Birth / Natural Born Filipino
a. Jus Soli (right of soil) which is the legal
principle that a person's nationality at birth is
determined by the place of birth (e.g. the
territory of a given state)
b. Jus sanguinis (right of blood) which is the legal
principle that, at birth, an individual acquires the
nationality of his/her natural parent/s. The
Philippine adheres to this principle.
9. 2. Filipino By Naturalization / Naturalized
Citizen - which is the judicial act of
adopting a foreigner and clothing him with
the privileges of a native-born citizen. It
implies the renunciation of a former
nationality and the fact of entrance into a
similar relation towards a new body.
10. CLASSIFICATION OF FILIPINO
CITIZENS
1. Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens
of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
and
4. Those who are naturalized in accordance
with law.
11. IDEALS POLICY ON
NATURALIZATION
The policy on naturalization should be
guided by our own national interest.
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 development of the nation should
be conferred citizenship by
naturalization.
12. 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.
13. 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 if 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.
NATURE OF
NATURALIZATION
14. THREE WAYS OF ACQUIRING
BY NATURALIZATION
1.By judgement of the court
The foreigner who wants to become a Filipino citizen
must apply for naturalization with the proper Regional
Trial Court / Court of First Instance. 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.);
15. 2. By direct act of Congress
In this case our law - making body simply enacts an
act directly conferring citizenship to a foreigner.
3. By administrative proceeding
Under R.A. No.9139, 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.
16. WHO MAY QUALIFY AS PHILIPPINE
CITIZEN BY NATURALIZATION UNDER
THE REVISED NATURALIZATION ACT?
Under Section 2, CA 573 or the Revised
Naturalization Law the applicant must possess
the following qualifications:
1. He must not be less than twenty-one years of
age on the day of the hearing of the petition;
2. He must have resided in the Philippines for a
continuous period of not less than ten years;
17. 3. He must be of good moral character and
believes in the principles underlying the
Philippine Constitution, and must have
conducted himself in a proper and
irreproachable manner during the entire
period of his residence in the Philippines in
his relation with the constituted government
as well as with the community in which he is
living;
4. He must own real estate in the Philippines
worth not less than five thousand pesos,
Philippine currency, or must have some
known lucrative trade, profession, or lawful
occupation;
18. 5. He must be able to speak or write
English or Spanish or anyone of the
principal languages;
6. He must have enrolled his minor children
of school age in any of the public or private
schools recognized by the Bureau of Public
Schools of the Philippines where Philippine
history, government and civics are taught
or prescribed as part of the school
curriculum, during the entire period of the
residence in the Philippines required of him
prior to the hearing of the petition for
naturalization as Philippine citizen;
19. WHO ARE NOT QUALIFIED TO APPLY
FOR NATURALIZATION OF THE
REVISED NATURALIZATION LAW?
Under Section of 4 of the Revised
Naturalization Law, the following persons
cannot qualify for Philippine citizenship:
1. Persons opposed to organized
government or affiliated with any
association or group of persons who
uphold and teach doctrines opposing all
organized governments;
20. 2. Persons defending or teaching the
necessity assault, or propriety of violence,
personal assassination for the success and
predominance of their ideas; Polygamists or
believers in the practice of polygamy;
3. Persons convicted of crimes involving
moral turpitude;
4. Persons suffering from mental alienation
or incurable contagious diseases;
21. 5. Persons who during the period of their stay in
the Philippines, have not mingled socially with
the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs,
traditions, and ideals of the Filipinos;
6. Citizens or subjects of nations with whom the
Philippines is at war.
7. Citizens or subjects of a foreign country other
than the United States, whose laws do not grant
Filipinos the right to become naturalized citizens
or subject thereof;
22. LOSS OF CITIZENSHIP
A Filipino citizen may lose his citizenship in any of the following
ways:
1. Voluntary
a. By Naturalization in a foreign country
b. By express (expatriation) renunciation of citizenship
c. By subscribing to an oath of allegiance to support the
constitution and law of foreign country
d. By rendering service to or accepting commission in the armed
forces of a foreign country
The voluntary loss or renunciation of one's nationality is called
EXPATRIATION.
23. 2. Involuntary
a. By cancellation of his certificate of
naturalization by the court
b. By having been declared by competent authority
a deserter of the Philippine armed forces in times
of war.
24. WHAT ARE THE GROUNDS
FOR REACQUIRING LOST
PHILIPPINE CITIZENSHIP?
1. By naturalization
2. By repatriation affected by merely
taking the necessary oath of allegiance
to the Republic of the Philippines and
registering the same in the proper civil
registry.
3. By direct act of congress
25. RETENTION AND ACQUISITION
OFCITIZENSHIP
Under R.A. 9225 otherwise known as the
"Citizenship Retention and Re- acquisition
Act of 2003" which was approved in
August 29, 2003, natural born citizens of
the Philippines who have lost their
Philippine Citizenship by reason of
naturalization as citizens of a foreign
country are deemed to have reacquired
Philippine citizenship upon taking an oath
of allegiance to the Philippine Republic.
26. "I (Name) solemnly swear (or affirm) that I will
support and defend the Constitution of the Republic
of the Philippines and obey the laws and legal orders
promulgated by the duly constituted authorities of
the Philippines; and I hereby declare that I recognize
and accept the supreme authority of the Philippines
and will maintain true faith and allegiance thereto;
and that I impose this obligation upon myself
without mental reservation or purpose of evasion."
OATH OF ALLEGIANCE
THE NATURAL-BORN CITIZENS OF THE PHILIPPINES WHO, AFTER
THE EFFECTIVITY OF THE ACT, BECOME CITIZENS OF A FOREIGN
COUNTRY SHALL RETAIN THEIR PHILIPPINE CITIZENSHIP UPON
TAKING THE AFORESAID OATH.
27. The unmarried child, whether
legitimate, illegitimate or adopted,
below 18 years of age, of those who
reacquire Philippine citizenship upon
effectivity of the Act shall be deemed
citizens of the Philippines.
DERIVATIVE CITIZENSHIP
28. CIVIL AND POLITICAL RIGHTS
AND LIABILITIES
Those who shall retain or re- acquire Philippine 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 condition
1. Those intending to exercise their right of suffrage must meet the
requirement under Section 1, Article V of the Philippine
Constitution, RA 9189 otherwise known as "The Overseas Absentee
Voting Act of 2003 and other existing laws.
2. Those seeking elective public office in the Philippines shall meet
the qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized
to administer oath;
29. 3. Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their
assumption of office. They must renounce their oath of
allegiance to the foreign country where they took that oath;
4. Those intending to practice their profession in the
Philippines shall apply with the proper authority for a license
or permit to engaged in such practice;
and
5. The right to vote or be elected or appointed to any public
office in the Philippines cannot be extended to, those who:
a. Are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
b. Are in active service as commissioned or non - commissioned
officers in the armed forces of the country of which they are
naturalized.
30. WHAT IS THE EFFECT OF
MARRIAGE OF A CITIZEN TO AN
ALIEN?
1. Under Section 4, a Filipino citizen who marries an
alien does not automatically lose his or her
citizenship, even if his or her nationality was granted
by his or her husband's or wife's country.
2. Only by their act or omission are they deemed
under the law to have renounced their citizenship
such as taking an oath of allegiance to a foreign
country.
3. If a Filipino woman marries an alien and acquires
her husband's citizenship, she will possess two
citizenships, Philippine citizenship and that of her
husband.
31. WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his
state. Section 5 prohibits more particularly
naturalized Filipinos from practicing what is called
"dual allegiance" declaring it inimical to national
interests. Note that what Section 5 prohibits is not
dual citizenship but dual allegiance of citizens.
Dual citizenship 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. It arises because our
laws cannot control laws of other states on
citizenship but dual allegiance can be a matter of
personal choice or decision.
32. Loyalty implies 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."
WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
1. TO BE LOYAL TO THE REPUBLIC.
33. 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.
WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
2. TO DEFEND THE STATE.
34. 3.To contribute to the development and welfare of
the state.
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.
4.To uphold the constitution and obey the laws.
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 accord.
WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
35. 5.To cooperate with the duly constituted
authorities.
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.
6.To exercise rights responsively with due regards to the rights of
others.
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.
WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
36. 7.To engage in gainful work.
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.
8.To register and vote.
Suffrage is both a privilege and a duty which every qualified
citizen must perform. It 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.
WHAT ARE THE DUTIES AND
OBLIGATION OF THE CITIZENS?
