LESSON 5 – CITIZENSHIP, and the exercise of Suffrage Flashcards

(82 cards)

1
Q

refers to the membership in a political community with all its concomitant rights and responsibilities

A

Citizenship

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2
Q

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.

A

Citizen

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3
Q

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.

A

Nationality

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4
Q

– a citizen of a country who is residing in or passing through another country. He is also
called “foreigner”.

A

Alien

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5
Q

He is not given full rights to citizenship but is entitled to receive protection
as to his person and property.

A

Alien

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6
Q

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.

A

right of Suffrage

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7
Q

The following are citizens of the Philippines: (Article IV Sec.1)

A
  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 Philippines
  3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship
    upon reaching the age of majority; and
  4. Those who are naturalized in accordance with law.
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8
Q

are those who are citizens from birth without having to perform any act
to acquire or perfect their Philippine citizenship.

A

Natural-born citizens

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9
Q

Those who elect Philippine citizenship in
accordance with the Constitution

A

natural-born citizens

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10
Q

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.

A

Naturalized citizen

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11
Q

Modes of acquiring citizenship

A
  1. By birth
  2. By naturalization
  3. By Marriage
  4. By Election
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12
Q

which is the legal principle that, at birth, an individual
acquires the nationality of his/her natural parent/s.

A

Jus sanguinis (right of blood)

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13
Q

The Philippines adheres to this principle.

A

Jus sanguinis (right of blood)

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14
Q

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)

A

Jus Soli (right of soil)

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15
Q

2 types of By birth

A

Jus sanguinis (right of blood)
Jus Soli (right of soil)

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16
Q

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.

A

By naturalization

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17
Q

there are three ways by which an alien may become a citizen by
naturalization:

A

(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)

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18
Q

– those who became citizens by electing a particular citizenship

A

By Election

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19
Q

Under Commonwealth Act No.63, a Filipino citizen may lose citizenship:

A
  1. By naturalization in a foreign country;
  2. By express renunciation of citizenship;
  3. 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;
  4. By accepting commission in the military, naval or air service of a foreign country;
  5. By cancellation of the certificate of naturalization;
  6. 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
  7. 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)
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20
Q

, under which
Filipino citizens who become naturalized citizens of a foreign country may retain their
Filipino citizenship

A

Republic Act 9225

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21
Q

The voluntary loss or
renunciation of one’s nationality

A

expatriation

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22
Q

enumerates the three
modes by which Philippine citizenship may be reacquired by a former citizen:

A
  1. by naturalization,
  2. by repatriation,and
  3. by direct act of Congress
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23
Q

is a mode for both acquisition and reacquisition of Philippine citizenship.

A

Naturalization

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24
Q

acquiring Philippine citizenship, naturalization is governed by

A

Commonwealth Act No. 473

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25
naturalization as a mode for reacquiring Philippine citizenship is governed by
Commonwealth Act No. 63.
25
Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to:
(1) desertion of the armed forces (2) service in the armed forces of the allied forces in World War II (3) service in the Armed Forces of the United States at any other time (4) marriage of a Filipino woman to an alien (5) political and economic necessity.
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is not a matter of right, but it is a privilege granted by the State.
Repatriation
27
refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states.
Dual allegiance
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DUTIES and OBLIGATION of CITIZENS
§ To be loyal to the Republic § To defend the States (Sec.3, Art.2 Constitution) § T 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 to the rights of others § To engage in gainful works § To register and vote (Suffrage, Art. 5 Phil. Constitution)
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It refers to the right and obligation to vote in the election of all public officials and in the determination of all questions submitted to the people for their ratification
suffrage
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a person is simultaneously considered a national by two or more states due to the overlapping application of their citizenship laws. This happens involuntarily; the person doesn't choose it.
dual citizenship
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– (popular vote) ratify or reject constitutional amendments or proposed laws
Plebiscite
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- (direct vote of the people) adopt or reject any act or measure which has been passed by a legislative body Initiative – the right of the people to propose & enact laws (Art. XVII, sec.2)
Referendum
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– the right of the people to propose & enact laws (Art. XVII, sec.2)
Initiative
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Refers to a person’s complete civil and political rights and participation in a political community. This membership entails a responsibility of allegiance on the side of the member and a duty of protection on the part of the state.
Citizenship
35
citizenship or nationality? membership in a democratic or political community
citizenship
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citizenship or nationality? follows the exercise of civil and political rights
Citizenship
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citizenship or nationality? is membership in any political community whether monarchial, autocratic or democratic
nationality
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citizenship or nationality? does not necessarily carry with it the exercise of political rights
nationality
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which result in the acquisition by the wife of the citizenship of the husband in case of difference in citizenship of the parties, except where the wife is barred from acquiring the citizenship of the husband by law of the nation of the latter.
marriage
39
Acquisition of citizenship after reaching the age of majority.
ELECTION
40
The following are citizens of the Philippines: (Article IV Sec.1, 1987 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 Philippines 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority 4. Those who are naturalized in accordance with law.
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Is a loyalty owed by a person to his state.
Allegiance
42
In this instance, it is a level of loyalty that requires renouncing previous loyalties to other governments, titles, and rulers and promising to defend the
allegiance
43
a Filipino citizen’s (including dual citizens and former Filipinos) foreign spouse and children are entitled to a visa-free entry to the Philippines and visa-free stay for a period of one (1) year, provided they enter the Philippines with the said Filipino and they have a return air travel ticket.
Balikbayan Law
44
when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states.
dual citizenship
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DUAL CITIZENSHIP or DUAL ALLEGIANCE Not a product of a citizen’s voluntariness
DUAL CITIZENSHIP
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DUAL CITIZENSHIP or DUAL ALLEGIANCE It is allowed by the Constitution
DUAL CITIZENSHIP
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DUAL CITIZENSHIP or DUAL ALLEGIANCE Prohibited by the Constitution
DUAL ALLEGIANCE
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Not inimical to public interest
DUAL CITIZENSHIP
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DUAL CITIZENSHIP or DUAL ALLEGIANCE Inimical to public interest
DUAL ALLEGIANCE
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50
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DUAL CITIZENSHIP or DUAL ALLEGIANCE A product of a citizen’s voluntariness
DUAL ALLEGIANCE
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a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in our immigration laws, and that the decision-maker should grant asylum as a matter of discretion.
asylum
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is any person who is outside his or her country of nationality (or, if stateless, outside the country of last habitual residence)
refugee
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unable or unwilling to return to that country because of persecution or well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.
refugee
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It refers to the right and obligation to vote in the election of all public officials and in the determination of all questions submitted to the people for their ratification
suffrage
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NATURE OF THE RIGHT OF SUFFRAGE
1. A mere privilege 2. A political right
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Disqualified Voters
1.Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon; but such person shall automatically reacquire the right to vote upon expiration of 15 years after service of sentence. 2. Any person who has been adjudged by final judgment by competent court of having violated his oath of allegiance to the Republic of the Philippines. 3. Insane, feeble minded or incompetent persons as declared by competent authority 4. No literacy, property or substantive requirement (education, sex, tax paying ability) shall be imposed on the exercise of suffrage. Property requirement is inconsistent with social justice principle (presupposes equal opportunity for all rich and poor alike).
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may be exercised by all citizens of the Philippines not otherwise disqualified by law
Suffrage
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QUALIFICATIONS OF VOTERS
1. A citizen (male or female) of the Philippines 2. Not otherwise disqualified by law 3. At least 18 years of age 4. Have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for a least six (6) months preceding the election.
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SCOPE OF SUFFRAGE
1. Plebiscite 2. Referendum 3. Ratification 4. Initiative 5. Recall
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is a mandatory requirement for exercising suffrage.
Voter registration
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Voters must undergo biometric data capture (fingerprints, photograph, and signature)
Biometric Data
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Voter registration is governed by (law) ?? and regulated by the Commission on Elections (COMELEC).
Republic Act No. 8189 (The Voter’s Registration Act of 1996)
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Biometric Data under the (law)??
Mandatory Biometrics Registration Act of 2013 (Republic Act No. 10367).
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is issued after successful registration, although failure to present the voter’s ID does not automatically disqualify a voter on Election Day
Voter’s ID
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Registered voters who have not voted in two consecutive regular elections are deactivated but can apply for ______ of their records.
Reactivation
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allows Filipino citizens residing or working abroad to participate in national elections (presidential, vice-presidential, senatorial, and party-list elections) and national plebiscites.
Overseas Absentee Voting (OAV) Republic Act No. 9189
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This allows certain groups such as members of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), and government employees on duty on Election Day to vote ahead of time for national positions.
Local Absentee Voting
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2 Absentee Voting
1. Overseas Absentee Voting (OAV) 2. Local Absentee Voting
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Election Offenses and Prohibited Acts Some common election offenses under the Omnibus Election Code include:
1. Vote-buying and vote-selling 2. Coercion or intimidation 3. Electioneering 4. Illegal campaign propaganda 5. Tampering with election results 6. Multiple voting 7. Violation of the prohibition on firearms
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mandates the use of an Automated Election System to ensure the quick, accurate, and credible conduct of elections. The use of vote-counting machines (VCMs) has been in effect in recent elections.
Republic Act No. 9369
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Offering money or any consideration in exchange for votes.
Vote-buying and vote-selling
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Using force or threats to influence voters.
Coercion or intimidation
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The use of unlawful posters, media advertisements, or social media content outside the allowable campaign period.
Illegal campaign propaganda
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Altering or falsifying vote tallies.
Tampering with election results
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Voting more than once in the same election.
Multiple voting
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Carrying firearms or deadly weapons during the election period is strictly prohibited.
Violation of the prohibition on firearms
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right granted by the constitution
political
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relationship with other people in the community including family
civil