ARTICLE IV :

CITIZENSHIP
What comes into
your mind when
you hear the word
“citizenship”?
 What is Citizenship?
• Citizenship – A citizen is a participatory
member of a political community.

• Citizenship is gained by meeting the legal

requirements of a national, state, or local
government.

• A nation/state grants certain rights and

privileges to its citizens.

• In return, citizens are expected to assume

certain responsibilities that go with these
rights.
• The value of citizenship varies from nation
to nation.
• What are rights that we have as FILIPINO
citizens that other people around the world
may not have?
• What are the responsibilities that go with
those rights?
 SECTION 1.
THE FOLLOWING ARE 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.
 Kinds of Filipino Citizen

• Natural – Born Citizen of the Philippines

• The Citizen by Election – The citizen by
election will fall to Natural Born Citizen on
the time of election.
• Naturalized Citizen
 Two modes
of Acquiring Citizenship

• Natural Born
• Naturalized citizens
Natural- Born Citizen
– Citizens of the Philippines from birth
without having any act to acquire their
Philippine citizenship.

• The citizen is a Filipino without

interruption
• True natural born citizen under
the 1987 constitution
Natural- Born Citizen
• Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.

– Those who elect Philippine Citizen upon

reaching the age of maturity.
– A citizen acquiring citizenship by
election is not a true natural born citizen,
from birth to the time he elects, he is an
alien.
Meaning of Alien
• Non-citizen resident of country:
a citizen of a country other than the
one he or she is currently in.

• A citizen of a country who is

residing in or passing through
another country.

• Popularly called “Foreigner.”

Section 2. 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.
 Naturalized Citizen

• Principle of citizenship based on

jus sanguinis (BY BLOOD)

• The process of making an alien

citizen and giving him the rights or
privileges of a citizen.

• Proceeding in the court to acquire

Filipino Citizenship
Ways of Acquiring Citizenship

• Birth
• Judicial Decision
• Naturalization
• Marriage
• Legislation
 Citizens by Birth
• There are two principles that govern
citizenship by birth:
1. Jus Sanguinis (BY BLOOD)– Blood
relationship is the basis for the acquit ion of
citizenship.

- The children follow the citizenship of

their parents of one of them.
- The child of an unmarried Filipino
woman with an alien father is a Filipino
2. Jus Soli or Jus loci (BY SOIL)– The place of
birth serves as the basis for acquiring
citizenship.

- A person becomes a citizen of a state

where he is born irrespective of the
citizenship of the parents.
- A child born in the Philippines of foreign
parents is a Filipino.
- One born in the Philippines of American
parents is also a Filipino Citizen.
Section 3. Philippine citizenship
may be lost or reacquired in
the manner provided by law.
 Judicial Decision

• It is the determination by a court of

competent jurisdiction on matters
submitted to it.

• The administration of justice

according to established rules and
principles
 Citizens by Naturalization
• Naturalization if the act of formally
adopting a foreigner into the political
body of the state and clothing him with
the rights and privileges of citizenship.

• The renunciation if the former

nationality and the fact of entrance to
similar relationship towards a new body
politic.
 Naturalization
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.

• The congress under its general

legislative power can pass laws governing
the acquisition and loss of citizenship.

• The present Naturalization law of the

Philippines is Commonwealth Act No. 473.
Section 4. Citizens of the Philippines
who marry aliens shall retain their
citizenship, unless by their act or
omission they are deemed, under the
law, to have renounced it.
 Citizens by Marriage
• Marriage of a Filipino Citizen (whether
male or female) to an alien spouse does
not make Filipino an alien nor the
husband or wife, an alien, a Filipino.

• The Filipino citizenship is retained unless

by the act or omission of the Filipino,
renouncing his or her citizenship.
 Citizenship by Legislation
• Philippine citizenship maybe lost or
acquired in the manner provided by law;
under the general authority of congress that
legislative power is vested in it.

Section 3. Philippine citizenship may be lost

or reacquired in the manner provided by
law.
 Importance of Philippine Citizenship

• Right to hold public positions

• Qualified for appointment for
positions reserved for citizens.
• A natural born citizen or naturalized
citizen can engage in retail business ;
acquire private land, vote during
election, plebiscite or other political
exercises ; to be protected by the
government even when abroad
 Naturalization
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.

• The congress under its general legislative

power can pass laws governing the
acquisition and loss of citizenship.

• The present Naturalization law of the

Philippines is Commonwealth Act No. 473.
Commonwealth Act No. 473 An
act to provide for the acquisition
of Philippine citizenship by
naturalization, and to repeal acts
numbered twenty-nine hundreds
and twenty-seven and thirty-four
hundred and forty-eight
Qualifications for Philippine Naturalization

• Under Section 2 of the Revised Naturalization

Law the applicant must possess the following
qualifications:

– He must not be less than twenty-one years of

age on the day of the hearing of the petition;

– He must have resided in the Philippines for a

continuous period of not less than ten years;
– 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;
– 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;

– He must be able to speak or write

English or Spanish or anyone of the
principal languages;
– 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;
THERE ARE SEVERAL CRITERIA REQUIRED IN ORDER FOR A
FOREIGN PERSON TO BECOME NATURALIZED AS A FILIPINO
CITIZEN. IF YOU WEREN’T BORN IN THE PHILIPPINES AND
YOUR PARENTS ARE NOT FILIPINOS THEN YOU WILL HAVE TO
MEET THESE CERTAIN CRITERIA IN ORDER TO APPLY FOR
CITIZENSHIP:
• Be over 21 years of age on the day of the petition
• Have lived in the Philippines for at least a 10 year continuous
period.
• Be of good moral character and support the Philippine constitution
• Have a minimum of P5,000 in real estate, money or have a
lucrative job
• Must be able to speak or read English, Spanish or one of the other
main languages of the country
• If the applicant has minor children they must have been enrolled in
a school recognized by the Bureau of Education .
RESIDENCE REDUCED TO FIVE YEARS
• The ten year residence requirement is
reduced to five years when the
applicant possesses any of the
following special qualifications :

1. Having honorably held office under

the government of the Philippines or
under that of any of the provinces,
cities, municipalities, or political
subdivisions thereof.
2. Having established a new industry or
introduced a useful invention in the Philippines.

3. Being married to a Filipino woman.

4. Having been engaged as a teacher in the

Philippines in a public or a recognized private
school not established for the exclusive
instruction of children of persons of a particular
nationality or race, in any of the branches of
education or industry for period not less than
two years.

5. Having been born in the Philippine

 Who are not qualified to apply for
naturalization of the Revised Naturalization
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;

3. Polygamists or believers in the practice of

polygamy

4. Persons convicted of crimes involving ;

moral turpitude
5. Persons suffering from mental
alienation or incurable contagious
diseases;

6. Persons who during the period of

their stay in the 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
Requirement to File Declaration if Intention to
become Filipino

• File bona fide intention to become a

citizen of the Philippines in the Regional Trial
Court on the place where the person is
residing.
• He must submit his name, age, occupation,
personal description, place of birth, last
foreign residence and allegiance, date od
arrival, name of the vessel or aircraft.
• No declaration shall be valid until lawful entry
for permanent residence was established (filing
of documentary proof).

• The declarant must also state that he has

enrolled his minor children if any in any of the
public or private school recognized by the
government.

• Must submit two photographs of himself.

Persons exempted from filing Declaration of
Intention

1. Persons born in the Philippines and have

received their primary and secondary
education in public school or private
school recognized by the government
and not limited to any race of
nationality.
2.
2. Those who has resided continuously
in the Philippines for thirty years or
more before filing their application;
with the added requirements that they
have given primary and secondary
education to their children in the
public schools or in private schools
recognized by the government and
not limited to any nationality or race
 3. Widow and minor children of an
alien who has declared his intention
to become a citizen if the Philippines
and dies before he is actually
naturalized.
 Taking of Oath by Applicant
• The court upon motion of the Petitioner,
will conduct hearing after two years from
the decision becomes final. If the court
finds and it is satisfied that the petitioner
during the intervening period :

1. Has not left the Philippines

2. Has dedicated himself continuously to
a lawful calling profession
3. Has not been convicted to any
offense of violation of government
promulgated rules.

4. Has not committed any act of

prejudicial to the interest or the nation or
contrary to any government announced
policies.
Effects of Naturalization Application
• Applicant becomes entitled to all rights
and privileges of citizens, and not reserved to
natural-born Filipinos.

• Legitimate minor children to all rights and

privileges of citizens, and not reserved to
natural born Filipinos.

• Wife of a petitioner becomes ipso facto

Filipino citizens provided she can be lawfully
naturalized. Provided she can be lawfully
naturalized means that the wife has no
disqualification. She does not need to
have the qualifications for naturalization.

• Citizen us not acquired by adoption. An

adopted alien by Filipino adopter does
not become a Filipino because of the
adoption.

• If one of the spouse Filipinos becomes an

alien, the other retains his/her Philippine
citizenship unless by an act or
commission he/she is deemed under the
law to have renounced the Philippines
citizenship.

• Philippines citizenship, whether by

naturalization or natural-born can not be
cast or renounced in times of war
 DEPENDING ON YOUR SITUATION THERE ARE
THREE MAIN ROUTES TO BECOMING A
NATURALIZED FILIPINO CITIZEN .

1. The courts – if you are a foreigner who has

married a Filipino then a judicial process will
allow you to become a Filipino citizen .
2. The office of the Solicitor General – the OSG ha
the power to approve petitions for
Naturalization. The processing fee is around
P40,000.
3. An at of congress – if you have made a significant
contribution to public life in the Philippines your
application to become naturalized can be
sponsored by a senator or congressman.
WHO MAY QUALIFY AS PHILIPPINE CITIZEN BY
NATURALIZATION UNDER THE REVISED NATURALIZATION
ACT?
• Under Section 2 of the Revised Naturalization Law the applicant must
possess the following qualifications:

• He must not be less than twenty-one years of age on the day of the hearing
of the petition;

• He must have resided in the Philippines for a continuous period of not less
than ten years;

• 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;
• 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;
• He must be able to speak or write English or Spanish or
anyone of the principal languages;
• 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;
AN INTRODUCTION TO
NATURALIZATION
How to become a U.S. Citizen
 BENEFITS OF CITIZENSHIP
• Right to Vote
• Get a US Passport
• Apply for some jobs in the government
• Bring close family members to the US
• Expansion of Benefits
• You can never be deported
 ELIGIBILITY – WHO CAN
APPLY FOR CITIZENSHIP?
• Be at least 18 years old
• Be a permanent resident of the US for at least 5 years
• Speak, read and write basic English
• Pass a Civics test on US History and Government
• Have good moral character
• Take an Oath of Allegiance to the US
 GOOD MORAL
CHARACTER?
• No problems with the police*
• No drug or alcohol problems
• Always tell the truth when dealing with immigration or
the government
 ARE THERE EXCEPTIONS TO
THE REQUIREMENTS?
• Married to a US citizen – only wait 3 years to
apply
• 50+ years old and lived in the US at least 20
years – Waiver of English Requirement
• 55+ years old and lived in the US at least 15
years – Waiver of English Requirement
• 65+ years old – Shorter Civics test
• Medical disability – Waiver of English and
Civics Requirement
 CITIZENSHIP PROCESS
• Fill out and send N-400 application
• Fingerprints
• Interview
• Ceremony
 COST AND DOCUMENTS
REQUIRED
• Fee: $680.00 – Fee waiver for low income applicants
• 2 “passport style” photos
• Copy of “green card”
• Copies of other documents as needed
 WHAT HAPPENS AT THE
INTERVIEW?
• Review your application – English Speaking Test
• Reading Test
• Writing Test
• US History and Government Test
 READING AND WRITING
ENGLISH
• Read 3 or 4 sentences from a list of sentences made up
of vocabulary provided by USCIS
• Write a sentence dictated by the interviewer from a list
of sentences made up of USCIS English vocabulary; up
to 3 sentences – need 1 good sentence to pass
 CIVICS TEST
• Study 100 questions covering US History and
Government
• Oral exam at interview – 10 questions; need to get at
least 6 correct
 PASS OR FAIL?
• You will be told at the interview if you passed – no
waiting
• Pass – You will be scheduled for a citizenship ceremony
• Fail – You will be scheduled for a 2nd interview
• Fail 2nd interview – You will need to reapply
 HOW DOES SOMEONE
• Birth BECOME A CITIZEN?
• Jus sanguinis (law of the blood)
• Example
• Jus soli (law of the soil)
• Example
• Naturalization
• Dual citizenship can result from naturalization, which is the
legal way someone can change his/her citizenship.
• Internal law protects naturalized citizens as long as they live
in their new country.
• But they may lose their new citizenship if they return to the
country of their birth and remain for a long time.
• In wartime, a grave problem could arise if both countries
demand their services in the armed forces.
 WHAT DOES THE U.S.
CONSTITUTION SAY ABOUT
CITIZENSHIP?
• The Constitution, drafted in 1787, did not explain
citizenship, but did mention “citizens of the
states” and a “citizen of the United States.”
• Citizens of the U.S. became entitled to the right
guaranteed to them by the Constitution and its
later amendments.
• What are some of those rights?
• Because the new country followed British
common law, it accepted the rule of jus soli, but
as early as 1790 Congress recognized the rule of
jus sanguinis, by passing laws giving citizenship
to a child born in a foreign country if the father
was a citizen of the United States.
 THE 14 TH AMENDMENT
• The first official written explanation of American citizenship was
included in the 14th amendment to the Constitution (1868).
• Section 1 of this amendment declares that “All persons born or
naturalized in the U.S., and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they
reside.”
• The wording of this amendment places national citizenship
before state citizenship. In other words, an American is first a
citizen of the United States and then a citizen of the state in
which he or she resides.
• Citizens are entitled to the rights granted by both the national
government and their own state’s government.
• The 14th amendment was passed to guarantee citizenship to
blacks who were freed from slavery after the Civil War (13th
amendment, 1865).
• The amendment made the rule of jus soli a law for all U.S.
citizens. Thus, any child born in the U.S. becomes a citizen at
birth, even if its parents are aliens. Are there any exceptions?
• The 14th amendment does not include jus
sanguinis.
• American citizenship acquired at birth in a
foreign nation is usually determined by the law
that is in effect at the time the child is born.
• The Immigration and Nationality Act of 1952,
amended in 1965, 1976, and 1978, give those
requirements.
• For a child born on or after December 24, 1952,
both parents must have been American citizens.
Also, one parent must have lived in the U.S. for
ten years (and at least five years after the age
of 14) before the birth of the child.
 HOW DOES
NATURALIZATION WORK?
• U.S. Constitution gives Congress the power to make
naturalization laws for the United States. No
individual state can grant citizenship to aliens.
• A person can become a naturalized citizen of the
U.S. individually or as part of a group.
• Generally, any person who has come into the U.S. as
an immigrant may become a naturalized citizen. To
do so, a person must be over 18 years old and must
have lived in the United States for five years, without
leaving for more than a total of 30 months (and not
more than 12 consecutive months) throughout that 5
year period.
• People who wish to become U.S. citizens must
file a petition for naturalization and take an
examination that shows that they can read,
speak, and write simple English and have a fair
knowledge of American history, government,
and the Constitution.
• They must be able to prove that they are of
good moral character.
• Two American citizens whom they know well
must verify that the applicant will be a good
citizen and loyal to the United States.
• Once an applicant has passed the
requirements and examination, he or she
may become a U.S. citizen by taking an
oath of allegiance. Group naturalization
ceremonies often take place on
September 17 – Citizenship Day.
• Naturalized Citizens are entitled to all of the
rights granted to natural-born citizens,
except they may not become president or
vice president of the United States.
• Congress has granted honorary citizenship, an
extremely high honor, to only a few select individuals,
e.g.
• Sir Winston Churchill – 1963
• Raoul Wallenberg, a Swedish diplomat who rescued tens
of thousands of Hungarian Jews during World War II –
1981.
• Other examples of honorary citizenship?
 CAN CITIZENSHIP BE
LOST?
• Most nations permit individuals to give up their
citizenship. This act, known as expatriation,
means that a person no longer wants the rights
and responsibilities of citizenship in a particular
country.
• Such a person may then become a citizen of
another country or may become a stateless
person (one without a country).
• If U.S. citizens wish to give up their citizenship,
they must declare this wish on a form provided
by the secretary of state.
• A citizen of the United States loses U.S. citizenship by
becoming a citizen of a foreign country unless a
special exception is made by the state department.
• A person can also lose U.S. citizenship for serving in
the armed forces of, or holding office in, a foreign
government.
• U.S. citizenship can also be taken away from people
who have been convicted of a major federal crime,
such as treason.
• People cannot, however, lose their citizenship for
something they were forced to do. A person who is
forced to serve in a foreign army, for example, will
not lose U.S. citizenship.
• Interestingly, Robert E. Lee, one of the greatest
generals of all time, lost his U.S. citizenship when he
took command of the Confederate forces during
the American Civil War. Due to a mistake, his
citizenship was not restored to him until Congress
acted on the matter in July 1975.
 HISTORICAL PERSPECTIVE
• Concept of citizenship is an old one.
• In the ancient city-state of Athens, citizenship was
granted to males of certain classes.
• Citizenship was also granted to a few foreigners and
freed slaves.
• Citizenship meant that a man could vote, hold office,
serve on committees and juries, and give military
service.
• He was also expected to share the work of
government.
• Women, slaves, and practically all foreigners were
protected under the law but had few of the rights and
privileges of Athenian citizens.
• Citizenship was also important to the
people of ancient Rome.
• Roman citizens often took part in their
government.
• Roman citizenship was extended to foreign
soldiers serving in the army and to men of
conquered lands.
• By 212 A.D. almost all of the men in Roman
provinces, except slaves, were citizens.
• After the fall of the Roman Empire in the 400’s, the
idea of citizenship became less important for many
centuries.
• Feudal system spread through western Europe in the
Middle Ages.
• This system was based on services and loyalty to a
higher person in exchange for his protection.
• Millions of serfs worked the land for lords.
• The lords owed their allegiance to overlords.
• The overlords in turn were controlled by the king.
• In this system the king and nobles, rather than any
government independent of these rulers, gave the
people rights and privileges.
• By the 1600’s some kings had made many small
states into nations.
• The common people no longer owed allegiance, or
loyalty, to the nobles in their immediate region.
• Their first allegiance now was to the king.
• They began to take pride in their whole country.
• They also began to feel that they should have a
voice in their country’s government.
• As these changes took place, people started
thinking of themselves as citizens of as nation as well
as the loyal subjects to their king.
• Today, most people place a high value on their
citizenship. They know that when they pledge
allegiance to their flag, they are willing to fulfill
specific obligations to their country and will be
granted many rights and privileges in return.
 REFERENCES
• Ward Whipple, Editor, Civic Leader
• Grolier’s New Book of Knowledge
 2ND JOURNAL PROMPT
• Based on what we have talked about today, do you
think you are a full citizen of this country? Why or why
not?