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Article IV Citizenship

1. ARTICLE IV CITIZENSHIP Who are citizens of the Philippines? 1) Those who are
citizens of the Philippines at the time of the adoption of the 1987 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. Modes of
acquiring citizenship: 1) Jus Soli acquisition of citizenship on the basis of place of
birth 2) Jus Sanguinis acquisition of citizenship on the basis of blood relationship 3)
Naturalization the legal act of adopting an alien and clothing him with the privilege
of a native-born citizen. Note: The Philippines follows (2) and (3) Election of
citizenship under the 1987 Constitution: Prior to the 1973 Constitution, if a Filipina
married an alien, she lost her Filipino citizenship. Hence, her child would have to
elect Filipino citizenship upon reaching the age of majority. Under the 1973
Constitution, however, children born of Filipino mothers were already considered
Filipinos. Therefore, the provision on election of citizenship under the 1987
Constitution only applies to those persons who were born under the 1935
Constitution. In order for the children to elect Filipino citizenship, the mothers must
have been Filipinos at the time of their marriage. So, if your mother was a Filipina
who married an alien under the 1935 constitution and you were born before January
17, 1973, you can elect Filipino citizenship upon reaching the age of majority. When
must the election be made: The election must be made within a reasonable period
after reaching the age of majority. Effects of naturalization: 1) The legitimate minor
children of the naturalized father become Filipinos as well. 2) The wife also becomes
a Filipino citizen, provided that she does not have any disqualification which would
bar her from being naturalized. Natural-born citizens:
2. 1) Citizens of the Philippines from birth who do not need to perform any act to
acquire or perfect their Philippine citizenship. 2) Those who elect Philippine
citizenship under Art. IV, Sec. 1(3) of 1987 Constitution. Marriage of Filipino with an
alien: 1) General Rule: The Filipino RETAINS Philippine citizenship 2) Exception: If, by
their act or omission they are deemed, under the law, to have renounced it.
Examples of renunciation of Philippine citizenship: 1) Voluntarily obtaining foreign
passport 2) Pledging allegiance to another country (ex. by becoming a naturalized
citizen of another country) Re-acquisition of citizenship Natural-born Filipinos who
are deemed to have lost their citizenship may re-acquire the same via repatriation
proceedings. This involves taking an oath of allegiance and filing the same with the
civil registry. How may one lose citizenship: 1. By naturalization in a foreign country
2. By express renunciation of citizenship 3. By subscribing oath or allegiance to a
foreign Constitution 4. By serving in the armed forces of an enemy country 5. By
being a deserter of the armed forces of ones country How may one reacquire
citizenship: 1. By direct act of Congress 2. By naturalization 3. By repatriation
Reference: Political Law (Constitutional Law) Reviewer & Memory Aid Ateneo Central
Bar Operations 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
1. ARTICLE 4 CITIZENSHIP
2. Citizen is a person with full membership in the body politic upon which rests the
primary responsibility of organizing and controlling the nation. As such, a citizen
enjoys full civil and political rights and is accorded protection inside and outside the
territory of the state. Citizenship is the status of being a member of a body politic,
owing allegiance to and entitled to reciprocal protection from its government.
Nationality is a membership in any class or form of political community.
3. CITIZENSHIP It is a membership in a political community with all its concomitant
rights and responsibilities.
4. TWO METHODS OF ACQUIRING CITIZENSHIP 1. JUS SANGUINIS 2. JUS SOLI
5. Those Citizens of the Philippines at the time of adoption of this Constitution
6. Those whose Fathers OR Mothers are citizens of the Philippines
7. Those born before January 17, 1973 of FILIPINO Mothers, who elect Philippine
citizenship upon attaining the age of majority.
8. Those who are naturalized in accordance with law.
9. SUFFRAGE is not a natural right of the citizens but merely a privilege to be
given or withheld by the lawmaking power subject to constitutional limitations.
SCOPE OF SUFFRAGE ELECTION it is the expression of the sovereign power of the
people PLEBISCITE a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them REFERENDUM the power of the
electorate to approve or reject a legislation through an election called for that
purpose REFERENDUM ON STATUTE REFERENDUM ON LOCAL LAW
10. INITIATIVE the power of the people to propose amendment to the
constitution or to propose and enact legislations through an election called for that
purpose. TYPES OF INITIATIVE A) INITIATIVE FOR THE CONSTITUTION B) INITIATION
ON STATUTE C) INITIATIVE ON LOCAL LEGISLATION RECALL the method by which a
public officer may be removed from office during his tenure or before the expiration
of his term by a vote of the people after registration of a petition signed by a
required percentage of the qualified voters.
1. ARTICLE 4CITIZENSHIP
2. "Philippine citizenship is a gift that must be deserved to be retained. The
Philippines, for allher modest resources compared to those of other states, is a
jealous and possessive mother demanding total love and loyalty from her children.
-Justice Isagani Cruz-
3. What is Citizenship? A term denoting membership in a political community with
full civil and political privilege and this membership imply, reciprocally, a duty of
allegiance on the part of the member and duty of protection on the part of the
state. This legal relationship involves rights and obligations on the part of both the
individual and the state itself.
4. Citizen A person having the title of citizenship. He is a member of democratic
community who enjoys full civil and political rights and is accorded protection inside
and outside the territory of the State.
5. WHAT IS THE DISTINCTION BETWEENCITIZENSHIP AND NATIONALITY 1.
Citizenship is membership in a democratic or political community, whereas
nationality is membership in any political community whether monarchial,
autocratic or democratic; 2. Citizenship follows the exercise of civil and political
rights whereas nationality does not necessarily carry with it the exercise of political
rights; 3. A person can be a citizen of one country and a national of another.
6. How is the term National distinguished fromNationality? National is defined as a
person who owes allegiance to and is entitled to the protection of a given state,
regardless of the status under domestic law. Nationality is often times use
synonymously with Citizenship. They are not exactly the same thing for the first has
a broader meaning that the second. All persons are nationals, but not all are citizens
of a state. Citizenship implies complete possession of civil and political rights in a
body politics whereas the nationality does not necessarily confer these rights.
7. WHAT IS A SUBJECT? Usually implies membership in a monarchial society. A
subject does not enjoy civil and political rights.
8. WHAT IS AN ALIEN? An alien is a citizen of a country who is residing in or passing
through another country. He is particularly called foreigner. He is not given the full
rights of citizenship but is entitled to receive protection as to his person and
property.
9. WHAT ARE THE GENERAL WAYS OFACQUIRING CITIZENSHIP? 1. Involuntary
Method 2. Voluntary Method
10. INVOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP By birth Through the change
of sovereignty which result in the acquisition by each individual of the ceded or
acquired territory of the citizenship under the new sovereign in the absence of
treaty stipulations to the contrary. Through direct legislative grant.
11. VOLUNTARY WAYS OF ACQUIRINGCITIZENSHIP Through marriage 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 the law of the nation of the latter. Through the
election which is the acquisition of citizenship after reaching the age of majority;
Naturalization of the head of the family which result in the naturalization of the wife
and the minor children living with him
12. WHAT ARE THE TWO PRINCIPLESGOVERNING CITIZENSHIP BY BIRTH? Jus
Sanguines. Citizenship by virtue of blood relationship. The children follow the
citizenship of the parents. This prevails in the Philippines. Jus soli. Citizenship by
virtue of the place of birth. A person becomes a citizen of the state where he is born
irrespective of the citizenship of the parents. This principle prevails in the United
States.
13. WHO ARE THE CITIZENS OF THEPHILIPPINES? Section 1 provides that the
following are deemed citizens of the Philippines : (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.
14. WHAT ARE THE DIFFERENT KINDS OFCITIZENS UNDER THE CONSTITUTION?
Natural-born citizens Citizens at the time of the adoption of this Constitution
Those who elect Philippine citizenship upon reaching the age of reason Those who
are naturalized in accordance with law.
15. WHO ARE CONSIDERED AS NATURALBORN CITIZENS? Section 2 provides that
Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with paragraph (3), Section 1 of
Article 4 of the Philippine Constitution shall be deemed natural-born citizens.
16. WHAT IS NATURALIZATION? Naturalization is the legal act of adopting a
foreigner into the political body of the state and clothing him with the rights and
privileges of a citizen. It implies the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body politic. A person may be
naturalized either by complying with both the substantive and procedural
requirements of a general naturalization law or he may be naturalized by a special
act of the legislature.
17. WHAT ARE THE QUALIFICATIONS FORNATURALIZATION? Under the Naturalization
Law, and as provided in Section 2, C.A. No. 573, as amended, the petitioner for
naturalization is required to possess the following qualifications: 1. The petitioner
must not be less than 21 years old on the date of the hearing of the petition. 2. The
petitioner must have resided in the Philippines for ten years, which should be
continuous.
18. 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.4.
The petitioner must own real estate in the Philippines worth not less than P5,000 in
the Philippine currency, or must have some lucrative trade, profession, or lawful
occupation.5. The petitioner must be able to speak and write English or Spanish and
any one of the principal Philippine languages.6. The Petitioner must have enrolled
his children of school age in any of the public schools recognized y the government
where the Philippine history, government, and civics are taught or prescribed as
part of the school curriculum during the entire period of the residence required of
him, prior to the hearing of his petition for naturalization as citizen.
19. The residence requirement of ten years is reduced to five years under any of the
following instances:1. The petitioner has honorably held office under the
Government of the Philippines or under that of any political subdivisions.2. If the
application has established a new industry or introduced a useful invention in the
Philippines3. If the petitioner is married to female citizen of the Philippines.4. If the
applicant had been a teacher in a public or recognized private school not
established for the exclusive instruction of children of persons of a particular
nationality or race in the Philippines for two years.
20. Section 3. Philippine citizenship may be lost orreacquired in the manner
provided by law. HOW FILIPINO CITIZENSHIP MAY BE LOST? 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 ones nationality is called
EXPATRIATION
21. 2. InvoluntaryA. By cancellation of his certificate of naturalization by the courtB.
By having been declared by competent authority a deserter of the Philippine armed
forces in times of war.
22. WHAT ARE THE GROUNDS FOR REACQUIRING LOSTPHILIPPINE CITIZENSHIP? 1.
By naturalization 2. By repatriation 3. By direct act of congress
23. RETENTION AND ACQUISITION OFCITIZENSHIP Under R.A. 9225 otherwise known
as the Citizenship Retention and Re- acquisition Act of 2003 which was approved
in 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
24. R.A. 9225 otherwise known as the CitizenshipRetention and Re-acquisition Act
of 2003 I ___________, solemnly swear (or affirm) that I will support and 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.
25. R.A. 9225 otherwise known as the Citizenship Retentionand Re-acquisition Act
of 2003 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.
26. RETENTION AND ACQUISITION OF CITIZENSHIPCIVIL AND POLITICAL RIGHTS AND
LIABILITIESThose 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.
27. 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
28. 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 noncommissioned officers in the
armed forces of the country of which they are naturalized.
29. WHAT IS THE EFFECT OF MARRIAGE OFA CITIZEN TO AN ALIEN? 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 husbands or
wifes country. 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. If a Filipino woman marries an alien and acquires her husbands
citizenship, she will possess two citizenships, Philippine citizenship and that of her
husband.
30. Section 5. Dual allegiance of citizens is inimical to thenational interest and shall
be dealt with by law. 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 it inimical to national interests.
Note that what Section 5 prohibits is not dual citizenship but dual allegiance of
citizens. Dual citizenship arises because our laws cannot control laws of other states
on citizenship but dual allegiance can be a matter of personal choice or decision.
31. WHAT ARE THE DUTIES ANDOBLIGATION 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. 2. To defend the State. 3. To contribute to the development and
welfare of the state. 4. To uphold the constitution and obey the laws. 5. To cooperate
with the duly constituted authorities 6. To exercise rights responsively with due
regards to the rights of others. 7. To engage in gainful work 8. To register and vote
32. QUESTION: Fernado Poe Jr. (FPJ), presidential candidate in the 2004 national
election, was born before January 17, 1973 out of wedlock to American Bessie Kelley
and allan Fernando Poe, Sr. a Filipino citizen. Atty. Victorino Fornier filed a petition to
disqualify FPJ for not being a Filipino citizen. Fornier argued that since FPJ is an
illegitimate child, he must follow the citizenship of his American mother.Is the status
of the child born under the terms of the 1935 Constitution material in determining
his citizenship?ANSWER: No. Under the 1935 constitution, those whose fathers are
citizens of the Philippines are Filipino citizens. The provision makes no distinction
between legitimate and illegitimate children of Filipino fathers.
33. EXERCISESDetermine the citizenship of the child with the following conditions:1.
The father and mother are Filipino citizens.2. The father is a former American citizen
and was naturalized as Filipino and the mother is American citizen.3. The father was
born in the Philippines on December 25, 1970 whose father is a US navy and a
Filipina mother; failed to elect his citizenship.4. The child was born in the Philippines
whose parents are Germans.5. The child was born inside the Philippine Airlines of
American parents.6. The parents are both Chinese and were naturalized as Filipino
citizens and their child was born in the Philippines.7. The child was born in Los
Angeles of a Filipina mother and American father.8. Filipino couples migrated to US
and acquire US citizenship and had children there.
34. ARTICLE VSUFFRAGE
35. SECTION 1. Suffrage may beexercised by all citizens of the Philippinesnot
otherwise disqualified by law, who areat least eighteen years of age, and whoshall
have resided in the Philippines for atleast one year and in the place wherethey
propose to vote for at least sixmonths immediately preceding theelection. No
literacy, property, or othersubstantive requirement shall be imposedon the exercise
of suffrage.
36. MEANING OF SUFFRAGE It is a right and obligation to vote of qualified citizens in
the election of certain national and local officers of the government and in the
decision of public questions submitted to the people.
37. NATURE OF THE RIGHT OF SUFFRAGE 1. A MERE PRIVILEGE. Suffrage is not a
natural right of the citizens by merely a privilege to be given or withheld by the
lawmaking power subject to constitutional limitations. Suffrage should be granted to
individuals only upon the fulfillment of certain minimum conditions deemed
essential for the welfare of society. 2. A POLITICAL RIGHT. In the sense of a right
conferred by the Constitution, suffrage is classified as a political right, enabling
every citizen to participate in the process of government to assure that it derives
the powers from the consent of the governed.
38. QUALIFICATIONS OF VOTERS A person is qualified to vote if he is: 1. A citizen
(male or female) of the Philippines 2. Not otherwise disqualified by law 3. At least 18
years of age; and 4. Have resided in the Philippines for at least one (1) year and in
the place wherein he proposes to vote for at least six (6) months preceding the
election.
39. PERSONS DISQUALIFIED TO VOTE1. Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one (1) year, such disability not
having removed by plenary pardon or granted amnesty. But such person shall
automatically reacquire the right to vote upon expiration of 5 years after service of
sentence.2. Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving disloyalty to duly
constituted government such as rebellion, sedition, violation of the anti-subversion
and fire-arms laws or any crime against national security unless restored to his full
civil and political rights in accordance with law. Such person shall likewise
automatically regain his right to vote upon expiration of five (5) years after service
of sentence3. Insane or incompetent persons as declared by competent authority.
40. SCOPE OF SUFFRAGE1. Election It is the means by which the people choose their
officials for definite and fixed periods and to whom they entrust, for the time being
as their representatives, the exercise the powers of government;2. Plebiscite It is
the name given to a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them. The term also applied to an election
at which any proposed amendment to, or revision of, the Constitution is submitted
to the people for their ratification. A plebiscite is also required by the Constitution to
secure the approval of the people directly affected before certain proposed changes
affecting local government units may be implemented.
41. SCOPE OF SUFFRAGE3. REFERENDUM It is the submission of the law or part
thereof passed by the national or local legislative body to the voting citizens of a
country for their ratification or rejection4. INITIATIVE It is the process whereby the
people directly propose and enact laws.5. RECALL It is a method by which a public
officer may be removed from office during his tenure or before the expiration of his
term by avote of the people after registration of a petition signed by a required
percentage of the qualified voters
42. EXERCISE ON SUFFRAGE At the age of 6, Juan de la Cruz, a Filipino, migrated to
US with his family and acquired citizenship there. Not so happy with his life in US,
he returned after ten years to the Philippines on June 12, 2009 and decided to
reside in Makati while waiting for the approval of his petition for the reacquisition of
his Filipino citizenship. After six months of waiting, his petition was finally granted
by Makati RTC and restored his Filipino citizenship. Afterwards, on January 7, 2010
he went back to his hometown Victoria, Laguna to permanently reside there and
start anew. However, he noticed that little things have changed since he left for US
10 years ago. Widespread poverty is still evident on the life of the people of Victoria.
On that year, the national election will be held on May 11, 2010 and he decided that
he will register and vote on that election so that there will be a changed in the
socio-economic condition of his town.1. Will he be allowed to register and vote by
the COMELEC Officer of the Municipality of Victoria, Laguna? Explain the reasons.

1. Article V: Suffrage Prepared by Raizza Corpuz


2. Suffrage is the right and obligation to vote of qualified citizens in the election of
certain national and local officers of the government and in the decision of public
questions submitted tot eh people. It is not all absolute needless to say that it is
an enjoyment of all other rights.
3. Nature 1. Mere privilege - suffrage is not a natural right of the citizens but a
privilege to be given or withheld by the lawmaking power subject to constitutional
limitations. - It is granted to individuals only upon the fulfillment of certain minimum
conditions deemed essential for the welfare of the country.
4. Political Right - it is classified as political right, enabling every citizen to
participate in the process of government to assure that its powers from the consent
of the governed. The principle is that of one man, one vote.
5. Qualifications of Voters: 1. A citizen of the Philippines both male and female 2.
Not otherwise disqualified by law 3. At least 18 yrs. of age 4. Have resided in the
Philippines for at least one year (1) and in the place wherein he proposes to vote for
at least 6 months preceding the election
6. Residence Qualification 1. A voter must have been a permanent resident of the
Philippines for at least one (1 year) preceding the election. 2. 6 months residence in
a province, city or municipality is considered the minimum length of time within
which a person can adequately familiarize himself with the needs and conditions
and the personalities of the locality.
7. Q: What is an election? A: It is the selection of candidates to public office by
popular vote. Q: What are the types of Election? 1. Regular- refers to an election
participated I by those who possess the right of suffrage not disqualified by law and
who are registered voters.
8. 2. Special- one held to fill in the vacancy in office before the expiration of the
term for which incumbent was elected.
9. Scope of Suffrage 1. Election means by which people choose their officials for
definite and fixed periods and to whom they entrust, for the time being as their
representatives, the exercise of powers of government.
10. 2. Plebiscite the vote of the people expressing their choice for or against a
proposed law or enactment submitted to them. 3. Referendum It is the submission
of the a law or part there of passed by the national or local legislative body to the
voting citizens of a country for their ratification or approval.
11. 4. Initiative the process whereby the people directly propose and enact laws.
5. Recall method by which a public officer may be removed from office during his
tenure or before the expiration of his term by a vote of the people after registration
of a petition signed by a required percentage of voters
12. Republic Act 8189 Voters Registration Act of 1996 a citizen in order to be
qualified to exercise his right to vote, in addition to the minimum requirements set
by fundamental charter is obliged by law to register.
13. Case Analysis: Q: A while of legal age and of sound is illiterate. He has asked
your advice on how he can vote in the coming election for his brother is running for
mayor. This will be the first time A will vote and he has never registered as a voter
before. What advice will you give him on the procedure he needs to follow in order
to be able to vote?
14. A: The Constitution provides that until Congress shall have provided otherwise,
illiterate and disabled voters shall be allowed to vote under existing laws and
regulations Article 5 Sec. 2. It is necessary for any qualified voter to register in order
to vote. In the case of illiterate and disabled voters, their voters affidavit may be
prepared by any relative within the 4th civil degree of consanguinity or affinity or
any board of election inspectors who shall prepare the affidavit in accordance with
the data supplied by the applicant.
15. Q: What is absentee voting? A: a processed by which qualified citizens of the
State of the Philippines abroad exercise their right to vote in pursuant to the
constitutional mandate that Congress shall provide a system for absentee voting for
qualified Filipinos abroad

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