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.