CHAPTER VI

CITIZENSHIP

Citizenship is a term denoting membership of a citizen in a political society, which membership implies,
reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the State.
Citizen is a person having the title of citizenship. He is the member of a democratic community who
enjoy full civil and political rights, and is accorded protection inside and outside the territory of the State.

CITIZENSHIP AND CITIZEN DISTINGUISHED FROM NATIONALITY AND NATIONAL

From the point of view of international law, "citizenship" and "citizen" do not exactly mean the same
as "nationality "and "national." The national of a State include not only its citizens who enjoy full civil and
political privileges but also all others who are not its citizens, but because they owe allegiance to it, are not
regarded as aliens. While all citizens are nationals of a State, not all nationals are citizens of a state.

MEANING OF SUBJECT AND ALIEN_______________________________________

A citizen is a member of a democratic community who enjoys full civil and political rights. In Monarchial
State, He is often called Subject.
An alien is a citizen of a country who is residing in or passing through another country. He is a
popularly called "foreigner." He is not given the full rights to citizenship but is entitled to receive protection
as to his person or property.

GENERAL WAYS OF ACQUIRING CITIZENSHIP

1. Involuntary method - by birth, because of blood relationship or place of birth.
2. Voluntary Method - by naturalization, except in case of collective naturalization of the inhabitants of a
territory which takes place when it is ceded by one state to another as a result of a conquest or treaty.

WHAT ARE THE MODES IN ACQUIRING PHILIPPINE CITIZENSHIP?

1. Filipino By Birth / Natural Born Filipino
A. Jus Soli (right of soil) which is the legal principle that a person's nationality at birth is determined by
the place of birth (e.g. the territory of a given state)
B. Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the
nationality of his/her natural parent/s. The Philippine adheres to this principle.
2. Filipino By Naturalization/ Naturalized Citizen - which is the judicial act of adopting a foreigner and
clothing him with the privileges of a native-born citizen. It implies the renunciation of a former nationality
and the fact of entrance into a similar relation towards a new body.

CLASSIFICATION OF FILIPINO CITIZENS

(Article IV, Section 1, Philippine 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; and
4. Those who are naturalized in accordance with law.

IDEALS POLICY ON NATURALIZATION_______________________________________

The policy on naturalization should be guided by our own national interest. Perhaps the ideal is that
only those who have come to love the country, who have integrated themselves into the citizenry and who
can contribute to the development of the nation should be conferred citizenship by naturalization.
Naturalization is the act of formally adopting a foreigner into the political body of the state and clothing
him with the rights and privilege of citizenship. It implies the renunciation of a former nationality and the fact
of entrance to a similar relation towards a new body politic.

NATURE OF NATURALIZATION_____________________________________________
An alien does not have a natural, inherent or vested fight to be admitted to citizenship in a state.
Citizenship is a matter of grace, favor or privilege which a sovereign government may confer on, or withhold
from, an alien or grant to him under such conditions as it sees fit without the support of any reason
whatsoever.
Citizenship in our republic be it ever most powerful nation if the world, can take such citizenship for
granted or assume it as a matter of right. In view of the above principles, the state of the citizenship, rule is
that the such in applicant doubt case of be for doubt resolved naturalization, concerning in favor of the
grant and against

THREE WAYS OF ACQUIRING BY NATURALIZATION

1. By judgment of the court
The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper
Regional Trial Court / Court of First Instance. The Revise Naturalization Act is the present naturalization
law. Such law shall also continue in force pursuant to the transitory provision of the Constitution (Art. XVIII,
Sec.3.);
2. By direct act of Congress
In this case our law - making body simply enacts an act directly conferring citizenship to a foreigner.
3. By administrative proceeding
Under R.A. No.9139, known as the 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. The petition for citizenship shall be filled with the committee which has the
power to approve, deny or reject application as provided in the law.

WHO MAY QUALIFY AS PHILIPPINE CITIZEN BY NATURALIZATION UNDER THE

REVISED NATURALIZATION ACT?
Under Section 2, CA 573 or the Revised Naturalization Law the applicant must possess the following
qualifications:
1. He must not be less than twenty-one years of age on the day of the hearing of the petition;
2. He must have resided in the Philippines for a continuous period of not less than ten years;
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 in his relation with the constituted government as
well as with the community in which he is living;
4. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine
currency, or must have some known lucrative trade, profession, or lawful occupation;
5. He must be able to speak or write English or Spanish or anyone of the principal languages;
6. He must have enrolled his minor children of school age in any of the public or private schools
recognized by the Bureau of Public Schools of the Philippines where Philippine history,
government and civics are taught or prescribed as part of the school curriculum, during the entire
period of the residence in the Philippines required of him prior to the hearing of the petition for
naturalization as Philippine citizen;

WHO NATURALIZATION ARE NOT QUALIFIED OF THE TO APPLY REVISED NATURALIZATION FOR
LAW?
Under Section of 4 of the Revised Naturalization Law,the following persons cannot qualify for Philippine
citizenship:
1. Persons opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing all organized governments;
 2. Persons defending or teaching the necessity or propriety of violence, personal assault, or
assassination for the success and predominance of their ideas; Polygamists or believers in the
practice of polygamy;
3. Persons convicted of crimes involving moral turpitude;
4. Persons suffering from mental alienation or incurable contagious diseases;
5. Persons who during the period of their stay in the
6. Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire
to learn and embrace the customs, traditions, and ideals of the Filipinos;
7. Citizens or subjects of nations with whom the Philippines is at war.
8. Citizens or subjects of a foreign country other than the United States, whose laws do not grant
Filipinos the right to become naturalized citizens or subject thereof;

LOSS OF CITIZENSHIP
A 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.

2. Involuntary

a. By cancellation of his certificate of naturalization by the court

b. By having been declared by competent authority a deserter of the Philippine armed forces in times
of war.

WHAT ARE THE GROUNDS FOR REACQUIRING LOST PHILIPPINE CITIZENSHIP?

1. By naturalization
2. By repatriation - affected by merely taking the necessary oath of allegiance to the Republic of the
Philippines and registering the same in the proper civil registry.
3. By direct act of congress

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.

OATH OF ALLEGIANCE
“I (Name) , solemnly swear (or affirm) that I will support Philippines and defend and obey the
Constitution the laws and of the legal Republic orders of 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 trough fate 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.

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.

CIVIL AND POLITICAL RIGHTS AND LIABILITIES

Those 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.
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
3. 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;
4. 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;
5. 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
6. 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 non - commissioned officers in the armed forces of
the country of which they are naturalized

WHAT IS THE EFFECT OF MARRIAGE OF A CITIZEN TO AN ALIEN?

1. 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.
2. 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.
3. 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.

WHAT IS ANALLEGIANCE________________________________________________
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 refer to the possession of two citizenships by an individual, that of his original
citizenship and that of the country where he became a naturalized citizen. It arises because our laws
cannot control laws of other states on citizenship but dual allegiance can be a matter of personal choice or
decision.

WHAT ARE THE DUTIES AND OBLIGATION 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. 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. It is the "home of our people, the seat of our affections and the source of our
happiness and well-being."
2. To defend the State.
Men may differ and do differ on religious beliefs and creeds, even government the correctness policies,
or the judicial wisdom decisions and validity and of laws, decrees, and are Interested, patriotism, matters
but for in into the field which them can of they love they hardly mean of are country, afford mutually national
to national differ existence and for unity, vitally these or survival as a nation or national extinction.
3. To contribute to the development and welfare of the state.
The development and welfare of the state should be the concern of every citizen for he will be the first
to enjoy the benefits thereof. Anything that affects him, individually and personally. He is affected by its ills
and disorder, growth and stability.
4. To uphold the constitution and obey the laws.
It is the shrine for all the hopes and visions for our nation. Laws are enacted in accordance with itfor the
good of all. It is therefore the duty of every citizen to defend and respect the constitution and obey the laws.
If the people would disregard them, the government would collapse, and this would mean lawlessness and
the disintegration of the social order. The constitution contains provisions designed to insure that is the
accord.
5. To cooperate with the duly constituted authorities.
The larger interest of the group and the nation that he must serve necessarily involve his own. And he
would be recreant to the claims of that interest if he did not actively concern himself with the affairs of his
government. It is not enough for example that a citizen should take care that in his daily life he does not
violate any of the multitudinous rules.
6. To exercise rights responsively with due regards to the rights of others.
Society is composed of men, each with interest of his own. In the course of life, the interest of man
conflict with those of many others. Amidst the continuous clash on interest, the ruling social philosophy
should be that, in the ultimate social order, the welfare of every man depends upon the welfare of all.
7. To engage in gainful work.
Employment is not the obligation solely of the state. Every citizen should consider it his own
responsibility and should strive to become a useful an productive member of society to assure not only
himself but, perhaps, more important, his family a life worthy of human dignity.
8. To register and vote.
Suffrage is both a privilege and a duty which every qualified citizen must perform. It is through suffrage
that the will of the people is expressed. The quality of public official of the government, depend, direct or
indirectly, upon the voters.