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Art. XII, Sec. 8 - Kapag Naging: ST ND RD TH TH
Art. XII, Sec. 8 - Kapag Naging: ST ND RD TH TH
Art. XII, Sec. 8 - Kapag Naging: ST ND RD TH TH
Citizenship
A. People
- All
persons
within
the
territorial jurisdiction of the
Philippines, without regard to
any difference of race, color,
or
nationality,
including
aliens.
- Private corporations
- Not municipal corporations /
local governments
Qua Chee Gan vs. Deportation Board
- Qua Chee Gan was not
deported
because
Deportation
Board
cant
issue warrant of arrest. Only
courts can.
- State has the right to
exclude aliens in its territory
(undesirable aliens).
B. Citizenship under Art. IV and the
Right of Suffrage under Art. V.
Art. IV. Citizenship
Sec. 2. Natural-born citizens
- citizens from birth
- no performance of any
act
- Sec. 1(3)
Public officers who must be
natural-born citizens
1. President
2. Vice President
3. Members of Congress
4. Justices
5. Ombudsman and his
deputies
6. Members of the
Constitutional Commission
7. Members of the Central
Money Authority
8. Members of the Commission
on Human Rights
Former natural-born citizens as
transferees of private lands
Foreign-born, dwelling
abroad when parents
got naturalized =
citizen only if minor /
becomes citizen when
dwelled here since
child even if parents
werent naturalized
back then and hes of
major age already
Born abroad after
naturalization of
parents = citizen
UNLESS he fails to
register and take oath
of allegiance after 1
year of reaching age
of majority.
- Petitioners
reacquired
citizenship in 2003 under RA.
9225 (duals sila)
- They lack 1 year residency to
vote for May 2004 elections
- ART. V, Sec. 2 says that
Congress is to provide a
system for absentee voting.
- RA. 9189 was provided.
- There is no provision in RA 9225
that
requires
duals
to
actually establish residence
and physically stay in the
Philippines before they may
vote.
- Section 5 of R.A. 9225 those
who retain or re-acquire their
citizenship under this Act shall
enjoy full civil and political
rights.