LESSON 5 – CITIZENSHIP, and the exercise of Suffrage Flashcards
(82 cards)
refers to the membership in a political community with all its concomitant rights and responsibilities
Citizenship
is member of a democratic political community; one who
owes allegiance to a given state, enjoys full civil and political rights, and is entitled to its
protection.
Citizen
refers to where
an individual was born and come from.
It does not necessarily include the right or privilege of exercising civil or political rights.
Nationality
– a citizen of a country who is residing in or passing through another country. He is also
called “foreigner”.
Alien
He is not given full rights to citizenship but is entitled to receive protection
as to his person and property.
Alien
as conferred by the Constitutional provision is not a natural right of the citizens, but a political right intended to enable them to participate in
the process of government to assure it derives its powers from the consent of the governed.
right of Suffrage
The following are citizens of the Philippines: (Article IV Sec.1)
- Those who are citizens of the Philippines at the time of the adoption of this Constitution
- Those whose fathers or mothers are citizens of the Philippines
- Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship
upon reaching the age of majority; and - Those who are naturalized in accordance with law.
are those who are citizens from birth without having to perform any act
to acquire or perfect their Philippine citizenship.
Natural-born citizens
Those who elect Philippine citizenship in
accordance with the Constitution
natural-born citizens
Refer to those who were originally citizens of another country.
But who,
by an intervening act, have acquired new citizenship in a different country (see modes of
acquiring citizenship.
Naturalized citizen
Modes of acquiring citizenship
- By birth
- By naturalization
- By Marriage
- By Election
which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s.
Jus sanguinis (right of blood)
The Philippines adheres to this principle.
Jus sanguinis (right of blood)
which is the legal principle that a person’s nationality at birth is determined by the place of birth (ie, the territory of a given state)
Jus Soli (right of soil)
2 types of By birth
Jus sanguinis (right of blood)
Jus Soli (right of soil)
signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen.
By naturalization
there are three ways by which an alien may become a citizen by
naturalization:
(a) administrative naturalization pursuant to R.A. No. 9139;
(b) judicial naturalization pursuant to C.A. No. 473, as amended; and
(c) legislative naturalization in the form of a law enacted by Congress bestowing
Philippine citizenship to an alien. (So v. Republic, GR 170603, 29 January 2007)
– those who became citizens by electing a particular citizenship
By Election
Under Commonwealth Act No.63, a Filipino citizen may lose citizenship:
- By naturalization in a foreign country;
- By express renunciation of citizenship;
- By subscribing to an oath of allegiance to support the constitution or laws of a foreign country
upon attaining twenty-one years of age or more; - By accepting commission in the military, naval or air service of a foreign country;
- By cancellation of the certificate of naturalization;
- By having been declared by competent authority, a deserter of the Philippine armed forces
in time of war, unless subsequently, a plenary pardon or amnesty has been granted:and - In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her
husband’s country, she acquires his nationality. (Valles v. Comelec, 9 August 2000)
, under which
Filipino citizens who become naturalized citizens of a foreign country may retain their
Filipino citizenship
Republic Act 9225
The voluntary loss or
renunciation of one’s nationality
expatriation
enumerates the three
modes by which Philippine citizenship may be reacquired by a former citizen:
- by naturalization,
- by repatriation,and
- by direct act of Congress
is a mode for both acquisition and reacquisition of Philippine citizenship.
Naturalization
acquiring Philippine citizenship, naturalization is governed by
Commonwealth Act No. 473