CIVIL

SOCIETY
AND
CITIZENSHI
 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.
Distinguished From Nationality And
Nations

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
citizen 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
received protection as to his
person or property.
General ways of Acquiring Citizenship.
They are :

1. Involuntary method
> by birth, because of blood relationship or
place of birth.
2. Voluntary Method
> by naturalization, except incase 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.
> by naturalization, except
incase 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.
Citizens by birth:
There are two principles or rules that govern
citizenship by birth namely.

1.Jus Sanguinis- (right of blood) blood

relationship is the basis for the acquisition of
citizenship under this rule. The children follow
the citizenship of the parents or one of them.

2.Jus Soli or Jusloci- (right of the soil) place

birth serves as the basis for acquiring
citizenship under this rule. A person becomes a
citizen of the state where he is born
irrespective of the parents. This principle
prevails in the United State.
These two modes of acquiring
citizenships correspond to
the two kinds of Citizen,
Natural-Born and Naturalized
citizens.
Citizenship at the time of the
adoption of the Constitution.
The citizens referred to are those
considered Filipino citizens under
the 1973 Constitution at the time
of the affectivity of the new
Constitution on February 2, 1987
by virtue of proclamation No. 58
of the president.
The purpose of section 1 is to
protect the status of those who
were already citizens at the time
the new Constitution took effect.

A Filipino citizen under the 1973

Constitution who has lost his
citizenship at the time of the
time of the ratification of the
new Constitution is not a citizen
of the Philippines.
Citizenship by Blood Relationship

The Philippines, in accordance

with section 1, paragraph 2,follows
the principle of the jus sanguinis.

In the determination of the

citizenship of the child, Filipino
mothers are placed by the
Constitution on equal footing with
their husbands.
 This dignifies the Filipino
woman. The Father or Mother may
be a natural-born Filipino or a
Filipino by naturalization or by
election. If the child is born
in a state where the rule of jus
soli obtains, or the child’s
father or mother is an alien, it
would be a case of a dual
citizenship.
Citizen Through Election Under the 1935
Constitution.

Under the 1935 Constitution, a child born

of the Filipino mother, who was married to a
foreigner, is born an alien and remains an alien
during his minority until he elects Philippines
citizenship.
The rule then, as it is now, is that a
Filipina does not lose her citizenship by her
marriage to an alien. However, it was not clear
whether those who had elected citizenship under the
1935 Constitution are to be considered as natural-
Citizen by naturalization.

1. Certain rights and privileges, duties

and obligations limited to Filipino
citizens.
> under our constitution and our laws
there are certain rights and
privileges that could be enjoy only
by Filipino citizens. Under the
constitution, only qualified citizens
can exercise the right of suffrage.
Note:
No person may be elected as President
or Vice President or member of
Congress, or appointed member of the
supreme Court or any lower collegiate
court, or member of any of the
Constitutional Commissions, or of the
Central Monetary Authority, Ombudsman
or his Deputy unless he is a natural-
born citizen of Philippines.
2. Constitution nationalistic in
character.

3. Care in granting or denying privilege

of naturalization essential.
> if the privilege of naturalization
would be granted on easy terms to
foreigner not seriously intent on
acquiring Filipino citizenship but not
only desirous of improving his economic
condition, then it is likely that the
nationalistic provisions of the
Constitution would be reduced to a
barren form or words.
4. 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 develop of the
nation should be conferred
citizenship by naturalization.
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 develop of
the nation should be
conferred citizenship by
naturalization.
Meaning of 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 f
the world, can take such
Citizenship for granted or _
assume it as a matter of Right.
In view of the above
principles, the rule is that in
case of doubt concerning the
grant of citizenship, such
doubt be resolved in favor of
the state and against the
applicant for naturalization.
Ways of acquiring by naturalization.
A person may be naturalized in three ways:

1.By judgment of the court.

> the foreigner who wants to become a
Filipino citizen must apply for
naturalization with the proper Regional
trail court .the revise naturalization
act is the present naturalization law.
such law shall a 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
or a foreigner.

3.By administrative proceeding

> Under R.A. No.9139 (Jan, 8, 2001), 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.
Kinds of citizens under the
constitution.
They are:

1.Natural-born citizens.
they refer to those:
a. Who at the moment of their birth are
already citizens of the Philippines, and
b. Do not have perform any act to acquire His
Philippine Citizenship.
So a child born of Filipino
Parents, or a Filipino Father, or a
Filipino Mother after the
Ratification of the 1973
constitution on January 17, 1973,
is natural-born Citizen .It would
seemed that a natural born citizen
who hast lost his citizenship but
subsequently reacquired it is not a
natural born citizen in view of
letter.
2.Citizens at the time of adoption
of the new Constitution.
> they refer to those who are
considered citizens of the
Philippines under the 1973
Constitution at the time of the
adoption of the new Constitution.
> they refer to those born of Filipino
mothers before January 17, 1973 who upon
reaching the age of majority elect
Philippines citizenship after the
ratification of the 1973 constitution
(Even prior to the affectivity of the new
constitution on Feb. 2, 1987) pursuant to
the provisions of the 1935 Constitution.
They are placed on the level as those born
of Filipino mothers on or after January
17, 1973.
4. Naturalized citizens

> they refer to those who were

originally citizens of another
country, but who, by an intervening
act (i,e.naturalization), have
acquired new citizenship in another
country.
Loss of citizenship
A Filipino citizen may lose his citizenship
in any of the following ways:

1. Voluntarily.
> they are:
a. by naturalization in foreign country (see R.A. No.9225
infra.)
b. by express renunciation of citizenship;
c. by subscribing to an oath of allegiance to
support the constitution and laws of a foreign
country;
d. by rendering service to, or accepting
commission in the armed forces of a foreign
country ( except under certain circumstances).
2. Involuntary
They are:

a. by cancellation of his
certificate of naturalization
by the court: and
b. by having been declared by
competent authority, a disaster in
the Philippine armed force in the
time of war.
The voluntary lost or renunciation
of one’s nationality is called
expatriation. In time of war,
however, a Filipino citizen cannot
expatriate himself.
 Reacquisition of Philippine
lost citizenship.

Citizenship may be reacquired :

1. by naturalization provide
the applicant possesses none
of the disqualifications
provided in the
naturalization law.
2.By repatriation of deserters
of the
Philippines armed forces and
women who lost their citizenship
by reason of marriage to an
alien, after the termination of
their marital status.
3. by direct act of the congress
of the Philippines.

Repatriation is affected by
merely taking the necessary
oath of allegiance to the
Republic of the Philippines
and registering the same in
the proper civil registry.
 Effect of Marriage of citizens to an Alien

Under the section 4, a citizen of

the Philippines who marries an
aliens does not lost his/her
Philippine citizenship even if by
the law s of his/her wife’s/
husband’s country, he/she acquires
her/his nationality.
 The exception is where “by their act
or omission they are deemed under the
law, to have renounced their
citizenship,” such as (under an existing
law) subscribing to an oath of allegiance
to support the constitution and the laws
of a foreign country. A Filipino Woman,
who upon marriage to an alien acquires
his citizenship, will possesses two
Citizenships, Philippine citizenship
and that of her husband.
Allegiance

Section 5 prohibits more particularly

naturalized Filipinos from practicing
what is called “dual allegiance” which
refers to the continued allegiance of
naturalized national to their country
even after they have acquired Filipino
citizenship. It is declared inimical to
national interest. And congress is
required that it be dealt with by law.
 e:
That the Section 5 prohibits is not dual
citizenship but dual allegiance of
citizenship arises because our laws
cannot control laws of other countries
on citizenship.
While it is not per se objectionable,
the status of dual citizenship may be
regulated or restricted by law where it
is conductive or could lead to dual
allegiance.
 Dual citizenship, on the
other hand, 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.
Retention and reacquisition of
citizenship.
Filipinos aboard may now acquire dual
citizenship. R.A. No. 9225, the
“Citizenship Retention and Re-
acquisition Act of 2003” (approved
August 29, 2003), declares it the
policy of the State that all
Philippines citizens who become
citizens of another country shall be
deemed not to have lost their
Philippines citizenship under the
conditions of the Act.
1. Retention of Philippines citizenship.
> any provision of law to the contrary

notwithstanding, natural-born citizens of the Philippines who have lost their

Philippines citizenship by reason of their naturalization as citizens of a

foreign country are deemed to have re-acquired Philippine citizenship upon

taking the following oath of allegiance to the Republic:

I, (name), 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 imposed this obligation upon myself voluntarily

without mental reservation or purpose of evasion. So help me God.

 2. Derivative Citizenship

> The unmarried child, whether

legitimate, illegitimate or adopted,
below 18 of age, of those who re-
acquired Philippines citizenship upon
affectivity of the Act shall be
deemed citizens of the Philippines.
3. Civil and political rights and
liabilities.

> those who retain or re-acquire

Philippines 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:
Citizens should realize that for
every right (see Art. II.) 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 citizens.
 Rights become fully available for
enjoyment only when all the citizens,
without exception, comply loyally
with all their obligations. The
rights to life, liberty, and
property, for instance, are but
partially available for enjoyment so
long as there are members of the
political community who are deficient
in that necessary compliance.
 Duties and obligations of citizens.
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-

1. To be loyal to the republic.

> by loyalty, we mean 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 fortunes. It is
the “home of our people, the seat of our
affections and the source of our happiness
and well-being.”
> Men may differ and do differ on
religious beliefs and creeds, government
policies, the wisdom and validity of
laws, even the correctness or judicial
decisions and decrees, but in field of
love of country, national unity, and
patriotism, they can hardly afford to
differ for these are matters in which
they are mutually and vitally interested,
for to them they mean national existence
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 follow the constitution and obey
the laws.

> the constitution is the expression of the

sovereign will of our people. It is the shrine
for all the hopes and visions for our nation.
Laws are enacted in accordance with it for 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 duly constituted
authorities.
> community living imposes obligation and
responsibilities upon the individual. The
larger interest of the group and the nation
that he must serve necessarily involve his
own. And he would be recreant (unfaithful
to a belief) to the claims of that interest
if he did not actively concern himself with
the affairs of his government. It As not
enough for example that a citizen should
take care that in his daily life he does
not violate any of the multitudinous rules.
> Regulations and ordinance of the
states. He must also to it that the
laws are observe by the whole
community. That the officers of the
laws attends to their enforcement and
properly perform their duties supine
and passive inaction is worse than
actual and flagrant infringement
(violation) of the laws of the land. In
the letter case, the laws itself
provides a remedy and administer a
corrective measure to the erring
individual.
6. To exercise rights responsibly and
with due regard for 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. Ts 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.