Lesson 6: CITIZENSHIP Philippine Politics, Governance, and Citizenship GEED 20023 Concepcion R. Sumadsad, DPA CITIZENSHIP • relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. • implies the status of freedom with accompanying responsibilities. • 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. They have certain rights, duties, and responsibilities that are denied or only partially extended to aliens and other noncitizens residing in a country. • The usual responsibilities of citizenship are allegiance, taxation, and military service. Alien • is a citizen of a country who is residing in or passing through another country. They are popularly called “foreigner.” • They are not given the full rights to citizenship but is entitled to receive protection as to his identity or property. There are general ways of acquiring citizenship. 1. Involuntary Method/Natural-Born Citizen – By birth, because of blood relationship or place of birth. • There are two principles or rules that govern citizenship by birth namely: • 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 Soli or 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. 2. Voluntary Method/Naturalized Citizen 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. Citizenship by Blood Relationship. • 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 by Naturalization. • Only qualified citizens can exercise the right of suffrage. However, there are rights limited to natural-born citizens. • For example, 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. Naturalization • the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privilege of citizenship. • implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic. • 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. Ways of Acquiring by Naturalization. • 1. By judgment of the court. • 2. By direct act of congress. • 3. By administrative proceeding. Loss of Citizenship. 1. Voluntarily. They are: a. by naturalization in foreign country b. by express renunciation of citizenship; c. by subscribing to an oath of allegiance to support the constitution and laws of a foreign country; d. by rendering service to, or accepting commission in the armed forces of a foreign country ( except under certain circumstances). 2. Involuntary. They are : 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. 1. By naturalization provide the applicant possesses none of disqualifications provided in the naturalization law. the 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. Repatriation is 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. • A citizen of the Philippines who marries an aliens does not lost his/her Philippine citizenship even if by the laws 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. • 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. • 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. • 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. Retention and Reacquisition of Citizenship. • Filipinos abroad 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. • Derivative citizenship. 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. • Civil and political rights and liabilities. 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. Duties and Obligations of Citizens • To be loyal to the republic. • To defend the state. • To contribute to the development and welfare of the state • To uphold the constitution and obey the laws. • To cooperate with duly constituted authorities • To exercise rights responsibly and with due regard for the rights of others • To engage in gainful work • To register and vote. End of the Lesson