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POLGOV-REVIEWER * CITIZEN – is a person who owes allegiance to a

government (usually applied for members of a


democratic society). A person having the title of
ARTICLE IV – CITIZENSHIP citizenship. He is a member of a democratic community
who enjoys full civil and political rights.
(Took effect – Nov. 15, 1935)
* SUBJECT - is the term applied for members of
monarchial society. A citizen of a member of a
Section 1: The following are citizens of the Philippines: democratic community who enjoys full civil and political
1. Those who are citizens of the Philippines at the time rights. In a monarchal state, he is called a “subject”.
of the adoption of this Constitution;
* NATIONALS - term which can be used for members of
2. Those whose fathers or mothers are citizens of the democratic or monarchial societies.
Philippines;
Alien - is a citizen of a country who is residing on or
passing through another country. He is popularly called
3. Those born before January 17, 1973, of Filipino
as a “foreigner”.
mothers, who elect Philippine citizenship upon
reaching the age of majority; and * NATURAL-BORN FILIPINO - According to Article IV,
Section 2 of the Constitution, these are citizens of the
4. Those who are naturalized in accordance with law Philippines from birth without having to perform any
act to acquire or perfect their citizenship. These include
Section 2: Philippine Citizenship
those whose fathers or mothers are Filipinos and those
Section 3: Philippine citizenship may be lost or born before January 17, 1973, of Filipino mothers, who
reacquired in the manner provided by law. elect Philippine citizenship upon reaching the age of
majority.
Section 4: Citizens of the Philippines who marry aliens
shall retain their citizenship, unless they to have
renounced it.

Section 5: Dual allegiance of citizens shall be dealt with WAYS OF ACQUIRING CITIZENSHIP
by law
1.) BY BIRTH [INVOLUNTARY]

 JUS SANGUINIS - LAW OF BLOOD


CITIZENSHIP  This is a rule that citizenship is
determined by blood relations.
 Is the status or characteristic of being a citizen.  A person acquires the citizenship of his
 Membership in a political community which is or her parents, regardless of where he
personal and more or less permanent in is born.
character.  Philippines is in accordance with this
 Citizenship is not a matter of convenience. It is a law
badge of identity that comes with attendant  Blood relationship is the basis for the
civil and political rights accorded by the State to acquisition of this rule. The children
its citizens. It likewise demands the follow the citizenship of the parent. The
concomitant duty to maintain to one’s flag and Philippines uses this rule,
country. (Casan Macode Maquiling v.
COMELEC,G.R. 195649, April 16, 2013)  JUS SOLI /JUS LOCI – LAW OF PLACE
 This is a rule that the citizenship of a
child is determined by the place of
* NATIONALITY - Membership in an ethnic, social,
birth.
racial and cultural group
 A person acquires citizenship of the original citizenship before they become
state of his birth, regardless of the naturalized Filipinos.
citizenship of the parents. It is a  Foreign nationals may naturalize as Philippine
citizenship based on the place or soil of citizens after meeting a minimum residence
one’s birth. requirement (usually 10 years), acquiring real
 Place of birth serves as the basis for estate, demonstrating proficiency in either
acquiring citizenship under this rule. English or Spanish as well as a Philippine
The U.S. uses this rule. The person language, and fulfilling a good character
become the citizen where he is born requirement.
irrespective of the citizenship of the
3 WAYS TO BECOME NATURALIZED CITIZENS :
parents.
1.) DIRECT NATURALIZATION
2.) BY LEGISLATION/ DIRECT ACT OF CONGRESS
A.) BY JUDGEMENT OF THE COURT (JUDICIAL
 If a foreigner made a significant contribution to
NATURALIZATION)
the public life in the Philippines, he or she may
apply to become naturalized citizen of the  Commonwealth Act 473 as amended by RA 532
Philippines through legislative naturalization.  If a foreigner is not qualified for Administrative
Naturalization, then he will have to go through
Legislative naturalization is done through an Judicial Naturalization which follows
act of Congress which is composed of the House Commonwealth Act 473 or the Revised
of the Representatives and the Senate of the Naturalization law.
Philippines.  The foreigner who wants to become a Filipino
must apply for Naturalization with the proper
 You must have provided some extraordinary Regional Trial Court.
service or act to the Philippines for this to
happen. B.) BY DIRECT ACT OF CONGRESS

 Legislative Naturalization – this applies for


aliens/foreigners who have made outstanding
3.) BY MARRIAGE contributions to the country.
 Our law making body simply enacts an act
 Foreign husband will retain his original
directly conferring citizenship on a foreigner.
citizenship after marrying a Filipino citizen while
foreign wife will automatically become a C.) BY ADMINISTRATIVE PROCEEDINGS [RA 9139]
Filipino citizen (provided she has no ADMINISTRATIVE NATURALIZATION LAW OF 2000 FOR
disqualification) after marrying a Filipino citizen. FOREIGNERS BORN AND RESIDING IN THE PHILIPPINES
 Filipinos who marry aliens/foreigners will retain
their citizenship in accordance to Article IV sec.  is open to those who were born in the
4 of the 1987 Phil. Constitution. Philippines and who have resided here since
birth. The governing law for Administrative
Naturalization is Republic Act No. 9139 or the
4.) BY NATURALIZATION (DERIVATIVE Administrative Naturalization Law of 2000.
NATURALIZATION)  under R.A.No.9139 (Jan.8, 2001)known as the
“Administrative naturalization Law of 2000”,
 The act of formally adopting a foreigner
aliens born and residing in the Philippines may
into the political body of a nation by clothing
be granted citizenship by administrative
him or her with privileges of a citizen.
proceedings by a special committee on
 The process of allowing a foreigner who lives in
Naturalization.
one country to become a citizen of another
country. However, they must first renounce the 2.) DERIVATIVE NATURALIZATION
 Is defined as obtaining one’s citizenship from or WAYS OF REACQUIRING CITIZENSHIP
through another person:
1. Wife of Naturalized Husband 1. BY NATURALIZATION
2. Wife of Natural Born Citizen 2. BY DIRECT ACT OF CONGRESS
3. Minor Children of Naturalized Parents 3. BY REPATRIATION - PROCESS OF
REACQUIRING/RECOVERY OF ONE’S ORIGINAL
NATURALIZED CITIZENS CAN’T ENJOY THE FOLLOWING:
CITIZENSHIP. IT IS MAKING AN ALLEGIANCE TO
1. Dual Citizenship THE REPUBLIC OF THE PHILIPPINES.
2. Run in any political position
KINDS OF FILIPINO CITIZENS
EFFECTS OF MARRIAGE TO A FOREIGNER:
1.NATURAL BORN CITIZENS ARE THOSE CITIZENS FROM
 Filipino citizens who marry aliens/foreigners BIRTH WITHOUT HAVING TO PERFORM ANY ACT TO
shall Retain Citizenship unless they renounce it. ACQUIRE OR PERFECT THEIR PHILIPPINE CITIZENSHIP.

WAYS OF LOSING PHILIPPINE CITIZENSHIP 2.NATURALIZED CITIZENS

1. BY APPLYING FOR NATURALIZATION IN 3. CITIZEN BY ELECTION (NOW DEEMED AS NATURAL


ANOTHER COUNTRY BORN CITIZENS)
2. BY EXPRESSED RENUNCIATION THE FOLLOWING ARE THE CITIZENS OF THE
3. BY DENATURALIZATION PHILIPPINES IN ACCORDANCE WITH ARTICLE IV SEC. 1
4. BY SERVING IN THE ARMED FORCES OF PARAGRAPHS 1,2,3 AND 4 OF THE 1987
ANOTHER COUNTRY PHIL.CONSTITUTION
5. BY BEING DECLARED BY COMPETENT
AUTHORITY AS A DESERTER IN THE PHILIPPINE 1. THOSE WHO ARE CITIZENS OF THE PHILIPPINES
ARMED FORCES DURING TIMES OF WAR AT THE TIME OF THE ADOPTION OF THE
CONSTITUTION.
1.) VOLUNTARILY (EXPATRIATION)
2. THOSE WHOSE FATHERS OR MOTHERS ARE
 It is a process of living in your country and living CITIZENS OF THE PHILIPPINES.
in a new wife. It may be through: 3. THOSE BORN BEFORE JAN.17, 1973, OF FILIPINO
- Naturalization in a foreign country MOTHERS, WHO ELECT PHILIPPINE CITIZENSHIP
- Renunciation of Citizenship UPON REACHING THE AGE OF MAJORITY.
- Subscribing to an oath of allegiance or
the laws of a foreign country DUAL CITIZENSHIP VS. DUAL ALLEGIANCE
 To send into exile: They were expatriated
because of their political beliefs. (THOSE WHO ARE NATURALIZED IN ACCORDANCE
 Removal or withdrawal from one's native land WITH LAW)
 Voluntary departure from one’s native country DUAL CITIZENSHIP
to another country to live there permanently or
for an extended period of time.  Means being a citizen of two countries
simultaneously and sharing the rights and
2.) INVOLUNTARILY (FORCED REPATRIATION) responsibilities of the citizens in each country.
 Is the return of refugees, prisoners of war, or Not every country allows dual citizenship, and
civil detainees to their country of origin under the rules vary among those that do.
circumstances that leave no other viable  Dual citizenship is involuntary and legal
alternatives.  A citizen of two countries at the same time.
 Is the act or process of restoring or returning Ex: A child born in US with Filipino parents can
someone or something to the country of origin, have a dual citizenship. Because:
allegiance, or citizenship  The US follows Jus Soli.
 His parents are also Filipinos where Jus
Sanguinis is following.
 The child is legally both a Filipino and American. LOSS OF CITIZENSHIP

DUAL ALLEGIANCE 1. Voluntarily - it is called expatriation

 A person simultaneously owes loyalty to two or • By naturalization in a foreign country


more states.
• By express renunciation of citizenship
 Dual allegiance is the result of an individual's
volition - his active participation in the • By subscribing to an oath of allegiance to a foreign
naturalization process. country
 Dual Allegiance is voluntary and illegal.
• By rendering service to or accepting commission in
the armed forces of a foreign country
Note: DUAL ALLEGIANCE IS VOLUNTARY AND ILLEGAL
2. Involuntarily
WHILE DUAL CITIZENSHIP IS INVOLUNTARY AND
LEGAL. • By cancellation of his certificate of naturalization by
court

• Having been declared by competent authority, a


deserter of the Philippine Armed forces in the time of
Section 2: Philippine citizenship war

Kinds of Citizen under the Constitution REACQUISITION OF LOST PHILIPPINE CITIZENSHIP

1. Natural born citizen: 1. By naturalization, provided the applicant possesses


none of the disqualification provided in the
 who at the moment of their birth are already naturalization law
citizens of the Philippines
 do not have to perform any act to acquire his 2. By repatriation of deserters of the Philippine armed
Filipino Citizenship forces and women who lost their citizenship by reason
of marriage to an alien, after termination of their
2. Citizen at the time of adoption of the new marital status
Constitution
3. By direct act of the Congress of the Philippines.
 refer to those who are considered citizens of
the Philippines under the 1973 Constitution at Repatriation - is effected by merely taking the
the time of the adoption of the new necessary oath of allegiance to the Republic of the
constitution. Philippines and registering the same in the proper civil
registry.
3. Citizen through election

 refers to those born on Filipino mothers before


Jan. 17, 1973, who upon reaching the age of Section 4: Citizens of the Philippines who marry aliens
majority, elect Philippine citizenship after the shall retain their citizenship, unless they to have
ratification of the 1973 Constitution. renounced it.

4. Naturalized citizens EFFECTS OF MARRIAGE OF CITIZEN TO AN ALIEN

 refers to those who were originally citizens of • A Filipino citizen who marries an alien does not lose
another country but who, by an intervening act his citizenship even if by the laws of his/her wife’s/
(naturalization), have acquired new citizenship husband’s country, he/she acquires her/his nationality.
in a different country. • The exception is if they renounce their citizenship.

Section 3: Philippine citizenship may be lost or


reacquired in the manner provided by law.
Section 5: Dual allegiance of citizens shall be dealt with 4. RESIDENT OF THE PHIL. FOR AT LEAST 1 YEAR
by law. AND IN THE PLACE WHERE HE PROPOSES TO
VOTE FOR AT LEAST 6 MONTHS
Dual allegiance - refers to the continued allegiance of
naturalized nationals to their mother country even after
 REGISTRATION IS NOT A QUALIFICATION BUT A
they have acquired Filipino Citizenship.
PRE-CONDITION FOR VOTING.
Dual Citizenship - refers to the possession of two
citizenships by an individual, that of his original
PERSONS DISQUALIFIED TO VOTE
citizenship and that of the country where he became a
naturalized citizen. 1. 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
ARTICLE V – SUFFRAGE
reacquire the right to vote upon expiration of 5
SUFFRAGE years after service of sentence.
2. Any person who has been adjudged by final
 Suffrage is the right to vote which also includes judgment by competent court or tribunal of
the right not to vote. it is not an inherent right having committed any crime involving disloyalty
because the state is the one deciding who to duly constituted government such as
should exercise the right to vote. rebellion, sedition, violation of the anti-
 It is a right and obligation to vote of qualified subversion and fire-arms laws or any crime
citizens in the election of certain national and against national security unless restored to his
local officers of the government and in the full civil and political rights in accordance with
decision of public questions submitted to the law. Such person shall likewise automatically
people. regain his right to vote upon expiration of five
NATURE OF THE RIGHT OF SUFFRAGE (5) years after service of sentence.
3. Insane or incompetent persons as declared by
A MERE PRIVILEGE competent authority.

 is not a natural right of the citizens by merely a


privilege to be given or withheld by the
SCOPE/TYPE OF SUFFRAGE
lawmaking power subject to constitutional
limitations. Suffrage should be granted to ELECTION
individuals only upon the fulfillment of certain
minimum conditions deemed essential for the  Process of choosing representatives who would act
welfare of society. or decide on our behalf.
 It is the means by which the people choose their
POLITICAL RIGHT officials for definite and fixed periods and to whom
 In the sense of a right conferred by the they entrust, for the time being as their
Constitution, suffrage is classified as a political representatives, the exercise the powers of
government.
right, enabling every citizen to participate in the
process of government to assure that it derives PLEBISCITE
the powers from the consent of the governed.
 Process by which any proposed amendment to
QUALIFICATIONS OF A VOTER/ELECTORATE or revision of the constitution is submitted to
1. CITIZEN OF THE PHILIPPINES the people for approval or rejection
2. NOT DISQUALIFIED BY LAW [ratification].
3. AT LEAST 18 YEARS OLD  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.  DESIGN A PROCEDURE FOR DISABLED AND
The term also applied to an election at which ILLITERATES SO THAT THEY CAN VOTE
any proposed amendment to, or revision of, the WITHOUT THE ASSISTANCE OF OTHERS.
Constitution is submitted to the people for their  NO LITERACY AND PROPERTY QUALIFICATIONS
ratification. A plebiscite is also required by the FOR VOTING.
Constitution to secure the approval of the  ONE MAN, ONE VOTE PRINCIPLE
people directly affected before certain  HAVING THE RIGHT TO VOTE FREELY IS
proposed changes affecting local government MEANINGLESS IF THERE IS NO ASSURANCE
units may be implemented. THAT THRE WILL BE A FAIR, HONEST AND JUST
REFERENDUM COUNT OF VOTES.

 Process by which any proposed law or


ordinance made by the national or local
legislative body is submitted to the people for 4TH DEGREE OF CONSANGUINITY OR AFFINITY
approval or disapproval.  means parents, grandparents, great-
 It is the submission of the law or part thereof grandparents, great-great-grandparents,
passed by the national or local legislative body spouse, children, siblings, grandchildren, great-
to the voting citizens of a country for their grandchildren, great-great-grandchildren,
ratification or rejection. nieces or nephews, grand-nieces or grand-
nephews, aunts or uncles, great-aunts or great-
INITIATIVE
uncles and first cousins by virtue of a blood
 Process by which the people can directly relationship or marriage. (only them can assist
propose and enact laws or propose a disabled and illiterate voters)
amendments to the constitution.
 It is the process whereby the people directly OMNIBUS ELECTION CODE - is the compilation of
propose and enact laws. election laws in the Philippines.
 Propose only an amendment of the
Constitution.
 Only registered voters can sign.
NOTE:
RECALL
AMENDMENT TO
 Process by which an elective official may be
 A change of only a portion/part of the
removed from office before the expiration of
constitution.
his term by a vote of the people (registered
 a minor change or addition designed to improve
petition signed by registered voters in the area
a text, piece of legislation, etc.
concern)
 means to add or remove something from the
 It is a method by which a public officer may be
original,
removed from office during his tenure or before
 This amendment seeks to improve or update a
the expiration of his term by a vote of the
law, or to offer clarification to a certain aspect
people after registration of a petition signed by
of the law.
a required percentage of the qualified voters.
REVISION TO
TASKS GIVEN TO CONGRESS UNDER ARTICLE V SEC.2
 A change to the whole constitution
 SECURE THE SECRECY AND SANCTITY OF THE
 Implies making changes to the original.
BALLOT.
 To make changes to something that already
 CREATE A SYSTEM FOR ABSENTEE VOTING FOR
exists.
QUALIFIED FILIPINOS ABROAD.
 To re-examine the entire law and to make
changes or alterations in the law.
1. Election - means by which the people chose their
officials.
ORDINANCE
2. Plebiscite - name given to vote of the people
 Is a local law, an edict or decree. (Laws by Local expressing their choice for or against a proposed law
Government or by City/Provincial councils)
 Is a law passed by a municipal government. A 3. Referendum - submission of a law or part thereof
municipality, such as a city, town, village, or passed by the national or local legislative body
borough, is a political subdivision of a state
4. Initiative - process whereby the people directly
within which a municipal corporation has been
propose and enact law.
established to provide local government to a
population in a defined area. 5. Recall - method by which a public officer may be
 Many ordinances deal with maintaining public removed from office during his tenure or before the
safety, health, morals, and General Welfare. expiration of his term.

STATUTE QUALIFICATION OF VOTERS:

 Is written law, as laid down by the legislature. 1. Must be a citizen (male or female) of the Philippines
 Is a formal written enactment of a legislative
2. Not otherwise disqualified by law
authority that governs the legal entities of a
city, state, or country by way of consent. 3. At least 18 years of age
Typically, statutes command or prohibit
something, or declare policy. 4. Have resided in the Philippines for at least 1 year and
in the place wherein he proposes to vote at least six
months preceding the election.

ARTICLE V: SUFFRAGE PERSONS DISQUALIFIED TO VOTE

Section 1: Suffrage may be exercised by all citizens of 1. Any person who has been sentenced by final
the Philippines at least eighteen years of age judgment to suffer imprisonment by not less than 1 yr.

Suffrage - Is the right and obligation to vote of qualified 2. Any person who has been adjudged by final judgment
citizens in the election of certain national and local by competent court of having committed any crime
officers of the government and in the decision of public involving disloyalty, rebellion, sedition, etc.
questions submitted to the people.
3. Insane or incompetent person declared by a
 Suffrage is the right to vote which also includes competent authority.
the right not to vote.
Section 2: The Congress secure the secrecy and
 It is not an inherent right since the state
sanctity of the ballot.
chooses those who are qualified to vote.
 It is not a duty or an Obligation Congress - designs a procedure for the disabled and the
illiterate to vote w/o assistance.

TASKS GIVEN TO CONGRESS UNDER ARTICLE 5:


NATURE OF SUFFRAGE:
SECTION 2
1. A mere privilege - not a natural right of the citizen
- Secrecy and Sanctity of the Ballot
but merely a privilege to be given or withheld by the
law-making power subject to constitutional limitations.  Absentee Voting for qualified voters abroad.
 The right of PWD or persons with disabilities
2. A political right - in the sense of a right conferred by
and Illiterate to vote without the need or
the Constitution. Suffrage is classified as a political right.
assistance of others.
SCOPE OF SUFFRAGE:  No literacy and property qualification for voting.
 One man, One vote Principle
 Fair and Honest voting
 If there is a tie,toss coin shall be done and It is
written in the

OMNIBUS ELECTION CODE - Compilation of all Election


laws In the Philippines.

Principle of State Consanguinity or Affinity - direct


family like partners, sibling, 1st cousin, etc.

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