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 one’s 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 husband’s or wife’s 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 husband’s 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