CHAPTER VI
CITIZENSHIP
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 tittle 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.
CITIZENSHIP AND CITIZEN DISTINGUISHED FROM NATIONALITY
AND NATIONAL
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.
MEANS 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.
GENERAL WAYS OF ACQUIRING CITIZENSHIP
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.
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.
2. Filipino by Naturalization/Naturalized Citizen
 Which is the judicial act of adopting o 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.
CLASSIFICATION OF FILIPINO CITIZENS
(Article IV, Section 1, Philippine Constitution)
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 Philippine;
3. Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the of majority; and
4. Those who are naturalized in accordance with law.
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.
Naturalization
 is the act of formally adopting a foreigner into the political body of
the state and clothing him with the rights and privileges 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 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.
THREE WAYS OF ACQUIRING BY NATURALIZATION
1. By judgment 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);
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.
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
posses the following qualification:
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;
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 relationship 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;
5.) He must be able to speak or write English or Spanish or anyone of the
principal language;
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;
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;
2.) Persons defending or teaching the necessity or propriety of violence,
personal assault, or 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;
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 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;
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 renunciation of citizenship (expatriation)
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.
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.
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
RETENTION AND ACQUISITION OF CITIZENSHIP
 Under R.A 9225 otherwise known as the “Citizenship Retention and
Re-acquisition Act of 2003” which was approved on 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.
OATH OF ALLEGIANCE
 “I (name), solemnly swear (or affirm) that I will support the 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.”
 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.
DERIVATIVE CITIZENSHIP
 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.
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 conditions:
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;
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
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, Philippine citizenship and that of her husband.
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 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.
WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?
1. To be loyal to the republic.
 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”.
2. To defend the State.
 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.
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 with 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.
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 defends upon the welfare of all.
7. To engage in gainful work.
Employment is not the obligation society of the state. Every citizen should
consider it his own responsibility and should strive to become a useful and
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.