Philippine Citizenship: Rights, Duties, and Dual Allegiance

advertisement
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
Download