Governor Pack Road, Baguio City, Philippines 2600 Philippine Politics and Governance

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Email: email@uc-bcf.edu.ph; Website: www.uc-bcf.edu.ph Grade Level/Section: HUMSS 12
Module 8 – Pol Sci Subject Teacher: Erwin John E. Resurreccion

CITIZENSHIP | SUFFRAGE
Aside from discussing bill of rights, another important feature of people in a state is citizenship
and suffrage. By understanding Article IV and V, we will understand who is a Filipino citizen
and what is the nature of his/her right to vote.

Learning Objectives:
A. define important concepts about citizenship;
B. identify the scope of suffrage; and
C. analyze the real-life implication of citizenship and suffrage.

WHAT IS CITIZENSHIP?

Citizenship is defined as membership of an individual in a political community enjoying

political or civil rights. The individual who enjoys these rights is called a citizen of the state. He
is distinguished from an alien in that the alien is a citizen not the country where he lives, but of
another country.

The alien enjoys civil rights but not political rights in the country where he resides. He cannot,
for example, vote or hold an elective office. Reciprocally, the membership of the individual
implies a duty of allegiance on his part to the state, and in turn, the state has the duty to
protect its citizens both inside and outside its territory.

The State also gives protection to resident-aliens popularly called “foreigners” or aliens passing
through its territory of their persons and properties.

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HOW IS CITIZENSHIP ACQUIRED?

There are different modes by which citizenship is acquired. These include the following:

1. Citizenship by birth (involuntary) - when a child is born, he/she naturally acquires citizenship
based on parentage or blood relations and land or place of birth. Those who acquired
citizenship by birth are called natural-born citizens.

a. Jus sanguinis (“law of blood”) - the principle based on blood relations. A child possesses
from the time of birth a citizenship by which is the same as that of parents, or one of
them, regardless of the place in which he was born. Thus, a child born in the United
States if Filipino parents is a Filipino citizen under jus sanguinis.

b. Jus soli (“law of the soil”) - the principle of citizenship based on the place of birth. The
citizenship of the child is determined by the country in which he was born regardless of
the citizenship of his parents. Thus, in the former example, the child is an American
citizen in as much as the American Constitution through the 14th amendment adopts
the doctrine of jus soli. This is on case where the child possesses a dual citizenship.

2. Citizenship by naturalization (voluntary) - it is the act of formally adopting a foreigner into the
political body of the state and clothing him with rights and privileges of citizenship. It
implies the renunciation of former nationality. There are three ways for naturalization:

a. By the judgment of the court - the foreigner who wants to become a Filipino citizen must
apply for naturalization with the proper Regional Trial Court. He must have all the
qualifications and none of the disqualifications provided by the law, and must comply
with all the procedure and conditions prescribed. The current naturalization law is The
Revised Naturalization Act.
 b. By direct act of Congress - in this case, our law-making body simply enacts an act directly
conferring citizenship on a foreigner

c. By administrative proceedings - under Administrative Naturalization Law of 2000, aliens born and
residing in the Philippines may be granted Philippine citizenship by administrative
proceedings before a Special Committee on Naturalization, subject to certain
requirements dictated by national security and interest. The application must have all
the qualifications and none of the disqualifications provided by the law.

WHO IS A FILIPINO CITIZEN?

Section 1, Article 4 of the 1987 Constitution states that the following persons are Filipino
citizens:

1. Those who are citizens at the time of adoption of this constitution - Citizens at the time of adoption
of the 1987 Constitution are those individuals who had the status of being a Filipino citizen
under the 1935 and the 1973 Constitutions. The purpose of the first provision is to protect
the status of those who were already citizens at the time the new Constitution (1987) took
effect. A Filipino citizen who lost his citizenship at the time of ratification of the Constitution
is not a Filipino citizen.

2. Those whose fathers or mothers are citizens of the Philippines - Those born of Filipino fathers or
Filipino mothers are citizens of the Philippines. The father or mother may be a natural- born
Filipino or Filipino by naturalization or election. Under this provision, a child born of a
Filipino citizen is a citizen of the Philippines, even if the child is illegitimate. In this case, the
Constitution does not make any distinction of a child born in or outside wedlock.

3. Those born before January 17, 1973, of Filipino mothers who elect Philippine citizenship upon reaching
the age of majority - Citizenship by election refer to those born before
January 17, 1973 of Filipino mothers married to aliens who elect Philippine citizenship upon
reaching the age of majority which is 21 years old. If a person was born after the
ratification of the 1973 Constitution on January 17, he is a natural-born Filipino citizen
under the provision that he was born of a Filipino father or Filipino mother. In the former
case, citizens who had elected Philippine citizenship under the 1935 Constitution before
January 17, 1973 are natural-born citizens since from their birth they have an inchoate
right to elect such citizenship.

4. Those who are naturalized in accordance with the law - Citizens by naturalization are those
persons who were formerly citizens of other countries and who applied fir naturalization in
accordance with law in a certain state in order to become a citizen of that country. The
persons involved are called naturalized citizens as distinguished from natural-born citizens.

HOW CAN CITIZENSHIP BE LOST?

When a citizen gives up or losses his citizenship voluntarily, the act is called expatriation. In time
of war, however, a Filipino citizen cannot expatriate himself. There are several ways which
citizenship is lost.

1. Voluntarily - losing citizenship according one’s own free will. It includes:

a. by naturalization in a foreign country;
 b. by express renunciation of citizenship;
c. by subscribing to an oath of allegiance to support the constitution and laws of a
foreign country; and
d. by rendering service to, or accepting commission in the armed forces of a foreign
country (except under certain circumstances).
2. Involuntarily - losing citizenship without conscious control or against someone’s will:
a. by cancellation of his certification of naturalization by the court; and
b. by having been declared by competent authority, a deserter in the Philippine armed
forces in time of war.

HOW CAN CITIZENSHIP BE REACQUIRED?

Lost citizenship may be reacquired and the act of reacquisition is called repatriation. Lost
citizenship may be reacquired by any of the following means:

1. By naturalization, provided the application possess none of the disqualifications provided

in the naturalization law;
2. By direct act of the Congress of the Philippines.
3. By repatriating one’s self by taking an oath of allegiance to the state and registering the
same in the proper civil registry.

CAN YOU ACQUIRE MORE THAN ONE CITIZENSHIP?

Dual citizenship means that you have two citizenships at the same time as a result of the
interaction of the laws between two countries. A person can be a dual citizen by choice or
by birth. An individual can be considered a Philippine dual citizen by choice through the
process of “Citizenship Retention and Re-acquisition Act of 2003”. Natural-born Filipinos who have
acquired the citizenship of another country through naturalization may retain or re-acquire
their Philippine citizenship, making them dual citizens of both the Philippines and the country
where they were naturalized.

IS DUAL CITIZENSHIP ACCEPTED IN THE PHILIPPINES?

What the Constitution prohibits is not dual citizenship but dual allegiance of the citizens. Dual
allegiance refers to the situation in which a person simultaneously owes, by some positive act,
loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result
of individual’s free will or volition.

Governor Fivaldo of Sorsogon and Baguio Cit Mayor Juan C. Labo were both disqualified by
the Supreme Court from holding public office because of dual allegiance, even if they won
overwhelmingly in the local elections in 1988. Labo was disqualified twice by the Supreme
Court, the second time was after he won the Baguio City mayoral race in the May 11, 1992
synchronized elections.

There are a few exceptions, however, in the application of the jus soli principle. Children born
of foreign diplomats in countries, where jus soli is adopted, are citizens only of the country in
which their parents are citizens. What is the reason for this exception? In the international
community there is a principle honored by nation-states in their relationship with one
another,
and this is called exterritoriality.
Under this principle, foreign diplomats and their respective families are exempted from the
local jurisdiction of the state where they reside. In other words, they enjoy diplomatic
immunity. Another exception is, children born in the United States of parents temporarily
residing there are not citizens therefore, unless they ask for it later.

WHAT ARE THE OBLIGATIONS OF FILIPINO CITIZENS?

Citizens should realize that for every right there must be a corresponding duty. If the people
are aware not only of their rights but also of their obligations, there will be less
misunderstanding and less conflict in society.

One of the reasons for the turmoil and ferment in many countries is the attitude of
demanding one's rights under the law and yet being forgetful of one's duties as a citizen. The
important duties and obligations of every citizen in a democratic society are as follows:

1. Loyalty to the country - faith and confidence in the Republic and love and devotion to the
country. The citizen must be proud of his country, its customs, traditions, language, and
institutions. He must share in its glories and feel sad in its misfortunes.

2. Defense of the state - an unflinching determination to serve and defend one's country. The
citizens receive benefits and protection from the State of which they are a part. In return,
it is their primary and honorable duty to defend it against any peril, whether from within or
from without.

3. Participation in the development and welfare of the State - the citizen can contribute in many
ways: by paying taxes willingly and promptly, by cooperating in its activities and projects,
by patronizing local products and trades, by engaging in productive work, etc.

4. Upholding the constitution and obedience to the law - if the people would disregard the
constitution and the laws, the government would collapse, and this would mean
lawlessness and the disintegration of the social order. The Constitution contains provisions
designed to ensure that it is accorded the due respect that it deserves.

5. Cooperation with duly constituted authorities - the citizen must also see to it that the laws are
observed by the whole community, that the officers of the law attend to their
enforcement and properly perform their duties.

6. Exercising rights responsibly and with due regard for the rights of others - the citizen must, in the
exercise of his rights and in the performance of his duties, act with justice, give everyone
his due and observe honesty and good faith.

7. Engagement in gainful work - every citizen should consider it his own responsibility and should
strive to become a useful and productive member of society to assure not only himself
but, perhaps, more important, his family a life worthy of human dignity.

8. Exercise of suffrage - the citizen should register and vote. It is through suffrage that the will of
the people is expressed. The quality of public officials and the policies of the
administration, indeed the success or failure of the government, depend, directly or
indirectly, upon the voters.
WHAT IS SUFFRAGE?

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 to the people. It is significant to note the nature of suffrage:

1. Suffrage is a mere privilege - suffrage is not a natural right of the citizens but merely a
privilege to be given withheld by the lawmaking power to subject to constitutional
limitations. Suffrage should be grated to individuals only upon the fulfillment of certain
minimum conditions deemed essential for the welfare of the society
2. Suffrage is 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 powers from the consent of the governed. The principle is
that of one man, one vote.

IS SUFFRAGE ONLY ABOUT ELECTION?

Suffrage more than just choosing government officials. The scope of suffrage includes:

1. Election - the 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;
2. Plebiscite - The name given to a vote of the people expressing their choice for or against
a proposed law or enactment submitted to them;
3. Referendum - submission of a law or part thereof passed by the national or local legislative
body to the voting citizens of the country for their ratification or rejection
4. Initiative - the process whereby the people directly propose and enact laws. Congress is
mandated by the Constitution to provide as early as possible for a system of initiative and
referendum; and
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 the qualified voters.
WHAT ARE THE QUALIFICATIONS TO BECOME A VOTER?

To qualify as a voter, a person must be:

1. a citizen (male or female) of the Philippines;

2. not otherwise disqualified by law;
3. at least eighteen (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.

WHY IS THERE AN AGE QUALIFICATION?

This suffrage qualification is based on the assumption that under a certain age, human
beings do not have the maturity experience, education, and sense of judgement that will
enable them to vote with any reasonable degree of intelligence. So, there must be some
minimum age for voting. Usually, 18 years of age is the age at which every person is
considered as an adult and someone who is mature enough to choose officials.

WHAT IS THE REASON BEHIND RESIDENCE QUALIFICATION?

The requirement as to residence is desirable in order that registration lists may be prepared
and checked in ample time to prevent fraud.

A voter must have been a permanent resident of the Philippines for at least one (1) year
preceding the election. Six (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. Giving him a right
to vote before that period, it is contended, will result in unpurposive and mechanical voting.

WHO ARE DISQUALIFIED TO VOTE?

The responsibility of determining who may be "disqualified by law," and, therefore, may be
precluded from exercising the right of suffrage, is left by the Constitution to Congress. As to
who are disqualified to vote, the law enumerates them as follows:

1. Those who has been sentenced to imprisonment of not less than one year - Any person who has been
sentenced by final judgment to suffer imprisonment for not less than one (1) year, such
disability not having been removed by plenary pardon or granted amnesty. But such
person shall automatically reacquire the right to vote upon expiration of five (5) years
after service of sentence;
2. Those who has been found guilty of committing a crime involving disloyalty to the State -
Any person who has been adjudged by final judgment by competent court or tribunal of
having committed any crime involving disloyalty to the State such as rebellion, sedition,
violation of the anti-subversion and firearms 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 sentence;
3. Those who are found to be in not normal mental condition - Insane or incompetent persons
as declared by competent authority.
WHY IS ILLITERACY NOT A DISQUALIFICATION TO VOTE?

The arguments for its removal have been summarized as follows:

“This requirement that a voter must know how to read and write confuses literacy with
intelligence and learning with wisdom. A Filipino does not cease to be a Filipino because he is illiterate; a
man pays taxes and he bleeds and he dies for his country whether he signs his name with a flourish or with
an "X." Some 28% of our people- roughly about 4.3 million among
us who are more than 21 years old - are illiterates. They cannot, it is true, read newspapers or
magazines but they listen to the radio; they join conversations and discussions with their
neighbors at comer stores, at cockpits, and over the family wash; they know what is happening
in their community and in the country. Yet they are denied the right to take part in their
government and to help shape their destiny.”

WHY IS PROPERTY REQUIREMENT PROHIBITED?

Under the present Constitution, Congress cannot also impose property requirement for the
exercise of suffrage. Here are the arguments:

1. Property ownership is not a test of an individual’s capacity - property ownership neither adds to
nor detracts from a man's capacity to function properly and fully as a social and political
being.

2. Property requirement is inconsistent with the concept of republican government - the right to vote
shall not be dependent upon the wealth of the individual concerned.

3. Property requirement is inconsistent with social justice principle - no person shall, by reason of
poverty, be denied the chance to vote and to be elected to public office.

WHAT ARE THE REASONS FOR PROHIBITING OTHER SUBSTANTIVE REQUIREMENTS?

1. Education - formal education is no guarantee of good citizenship or of intelligent voting. It
is quite possible for a person to become an important asset to government and the social
body with little or no formal schooling. This does not mean that formal education is not
important. It is just an argument as to why formal education should not be a qualification.

2. Sex - there would seem to be no adequate or justifiable basis for depriving women of
equal voting rights with men. The antagonism in the past to female suffrage stemmed in
some degree from the belief that a woman's place was in the home and that the
performance of public duties was the function of the male members of the family.

3. Taxpaying ability – the Congress cannot by law deny to an individual the right to vote on
the ground that he is exempted from taxation or is not liable to pay tax or the taxes paid
by him or for which he is liable during the year are below a specified amount.
CAN FILIPINOS ABROAD VOTE FOR ELECTIONS IN THE PHILIPPINES?

Filipinos who by force of circumstances (e.g., the need to earn a living) have to temporarily
work and reside abroad but maintain their love and loyalty to their native land are still part of
our Republic. They are also affected by the quality of public officials and the policies of the
government. They remain liable to pay taxes, and arc subject to many of its law. Hence, they
should also be given the constitutional right to vote. Voting abroad is called absentee voting.

Congress is mandated to provide a system of absentee voting by qualified Filipinos abroad.

It is hound to set aside funds and other requirement for the purpose and to provide
safeguards to ensure that elections overseas are held in a free, dear and orderly manner.

REFERENCE:
 De Leon, H.S. (2015). Philippine Constitution. Quezon City, Philippines. Rex Printing Company, Inc.
 Commission of Filipinos Overseas. Primer on Philippine Dual Citizenship Act.
 Ramos, R.E. (2016). Philippine Politics and Governance. Vibal Group Inc.