CITIZENSHIP

What is Citizenship is a term

denoting membership of a
Citizenship? citizen in a political society.
The duties and
responsibilities that come
with being a member of a
community.
A duty of allegiance on the
part of a member and duty
of protection on the part of
the state.
CITIZEN- is a person having the title of
citizenship. H e is the member of the
democratic community who enjoy full civil
and political rights, and is accorded
protection inside and out side the territory
of the state.
What is the Distinction between Citizenship
and Nationality

 Citizenship is membership in a democratic or

political community, whereas nationality is
membership in any political community whether
monarchial, autocratic or democratic.
 Citizenship follows the exercise of civil and political
rights whereas nationality does not necessarily carry
with it the exercise of political rights:
 A person can be a citizen of one country and a
national of another.
 How is the term National distinguished
from Nationality?
• National is defined as a person who owes allegiance to
and is entitled to the protection of a given state,
regardless of the status under domestic law.
• Nationality is often times use synonymously with
Citizenship. They are not exactly the same thing for
the first has a broader meaning than the second. All
persons are nationals, but not all are citizens of a
state. Citizenship implies complete possession of civil
and political rights in a body politics whereas the
nationality does not necessarily confer these rights.
What is an Alien
 An alien is a Citizen of a country who is
residing in or passing through another
country. He is popularly called “Foreigner”.
He is not given the full rights of citizenship
but entitled to received protection as to his
person and property.
What are the General ways of Acquiring
Citizenship.

1. Involuntary Method.

2. Voluntary Method.
Involuntary ways of Acquiring Citizenship

• by birth because of blood

relationship (jus sanguinis) or
place of birth (jus soli or loci ).
Voluntary ways of Acquiring Citizenship

• Through marriage which result in the acquisition by the

wife of the citizenship of the husband in the case of
difference in citizenship of the parties, except where the
wife is barred from acquiring the citizenship of the
husband by the law of the nation of the latter.
• Through the election which is the acquisition of
citizenship after reaching the age of majority:
• Naturalization of the head of the family which result in
the naturalization of the wife and the minor children
living with him
 What are the two principles Governing
Citizenship by birth?
• Jus Sanguinis. Citizenship by virtue of blood
relationship. The children follow the citizenship
of the parents. This prevails in the Philippines.

• Jus soli. Citizenship by virtue of the place of

birth. A person becomes a citizen of the state
where he is born irrespective of the citizenship
of the parents. This principle prevails In the
United States.
 Branches of Government
• The Executive Branch
• Function:
• Enforces the laws
• How citizens are involved:
• Voters elect the President through a system called the
Electoral College
• Importance of checks and balances:
• Courts may declare executive actions to be
unconstitutional
• Congress must approve certain appointments and must
pass a bill before the President can sign the bill into law
• The Legislative Branch
• Function:
• Makes the laws
• How citizens are involved:
• Voters elect senators in statewide
elections and elect members of the House
from congressional districts
• Importance of checks and balances:
• The President can either veto a bill or sign
it into law
Congress has the power under certain
circumstances to override a veto
The Judicial Branch
• Function:
• Interprets the laws
• How Citizens are Involved:
• Citizens are often asked to serve on juries, an
important aspect of the judicial branch
• Many of the cases dealt with in the courts involve
individual citizens and their problems or concerns
• Importance of checks and balances:
• Most federal and state courts in the United States may
exercise judicial review, which is the power of
deciding the constitutionality of an act of government
in any branch
• The Supreme Court has the final authority to interpret
the meaning of the Constitution and determine if the
law is being applied correctly and fairly
 Article III

Bill of Rights
 The 1987 Constitution of the Republic of the
Philippines- Article III
Article III
Bill of Rights
• Section 1. No person shall be deprived of life, liberty or
property without due process of law, nor shall any person be
denied the equal protection of the laws.
• Section 2. the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be
determined personally by judge after examination under oath
or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched
and the persons or things so be seized.
Section 3.
(1) The privacy of communication and correspondents shall be
inviolable except upon lawful order of the court, or when public safety
or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of

expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grieviances.

Section 5. No law shall be made respecting and an establishment of

religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall be required
for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the
limits prescribed by law shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be in impaired except in
the interest of national security, public safety or public health, as may
be provided by law.

Section 7. The right of the people to information on matters of public

concern shall be recognized. Access to official records, on the documents
and papers pertaining to official acts, transactions, or decisions, as well
as to government research data used as basis of policy development,
shall be afforded the citizen, subject to such limitations as may be
provided by law.

Section 8. The right of the people, including those employed in the

public and private sectors, to from unions, associations, or societies for
purposes not contrary to law shall not be abridged.
Section 9. Private property shall be taken for
public use without just compensation.

Section 10. No law impairing the obligation of

contract shall be passed.

Section 11. Free access to the court and quasi-

judicial bodies and adequate legal assistance
shall not be denied to any reason by reason of
poverty.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be inform of right to remain silent and and
to have competent and independent counsel preferably to his own choice.
If the person cannot afford the services of counsel, he must be provided by
one. These right cannot be waived except in writing and the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or

section 17 here of shall be in inadmissible in evidence against
him.

(4) The law shall provided for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victim or torture or similar practices, and their
families.
Section 13. All persons, except those charged with offences punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right bail shall not be impaired even when the privilege
of the writ of the habeas corpus is suspended. Excessive bail shall not be
required.

Section 14. (1) No person shall be held to answer for a criminal offence
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed and the nature cause
of the accusation against him, to have speedy, impartial, and public
trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of
evidence in his behalf. however, after arraignment, trial may
proceed notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion
when the public safety requires it.

Section 16. All persons shall have the right to a speedy

disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

Section 17. No person shall be compelled to be a witness

against himself.

Section 18. (1) No person shall be detained solely by reason of

his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist
except as a punishment for a crime where of the
party shall have been duly convicted.
Section 19. (1) Excessive crimes shall not be impose, nor
cruel, degrading or inhuman punishment inflected. Neither,
shall the death penalty be impose, unless, for compelling
reasons involving heinous crimes, the congress here after
provides for it. Any death penalty already impose shall be
reduced to reclusion perpetua.
(2) The employment of physical, psychological,
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.

Section 20. No person shall be imprisoned or debt or non-

payment of a poll tax.
Section 21. No person shall be twice put in
jeopardy of punishment for the same offense. If an
act Is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.

Section 22. No ex post facto law or bill of

attainder shall be enacted.
 Bill of Rights (United State of America)

•The Bill of Rights

•One of the greatest documents protecting
individual rights
•Includes the first 10 amendments to the
Constitution
• The basic rights of citizens of the United States
•Life in the U.S. could be constricted and more
federally controlled without one
•These basic rights are vital for a truly free country
• First Amendment
 Freedom of:
Religion
Speech
The press
Peaceful assembly

• Second Amendment
 Right to have a well-regulated militia
Right of the people to have and carry weapons
• Third Amendment
Protects citizens from being forced to take
soldiers into their homes to feed and board
them
Exception during wartime if Congress enacts
a law requiring it
• Fourth Amendment
Prohibits unreasonable search and seizure of
people and their private property
Search warrant required
• Fifth Amendment
 Rights of citizens in criminal cases
Grand jury must decide there is enough evidence to
bring a person to trial for a serious crime
May not be tried twice for the same offenseMay not be
forced to testify against oneself
No person deprived of life, liberty or property without
due process of law
Government prevented from taking property without
paying the owner at a fair price
• Sixth Amendment
 Right to a fair trial
Speedy and public, heard by an impartial jury
Informed of charges, allowed witnesses, etc.
• Seventh Amendment
 Right to trial by jury in civil cases
where disputed amount exceeds $20
• Eighth Amendment
 Forbids cruel and unusual
punishment
Punishment should fit the crime
• Ninth Amendment
 First eight amendments include certain but
not all the rights of citizens
The people retain any rights not specifically
listed in the Constitution

• Tenth Amendment
 Asserts that the states or the people retain
those powers not delegated to the federal
government by the Constitution
Amendments to the Constitution
27 total, including the Bill of Rights
11th secures the right to sue a state
12th defines the election of President and Vice President and the fallback system if one
should die in office
13th abolishes slavery
14th specifies the post-Civil War requirements, freed slaves are citizens
15th specifically dictates that all races have full rights
16th modifies the tax system
17th lays out the system for replacement of senators
18th bans alcohol
19th gives women the right to vote
20th patches some basic government functions
21st makes the 18th amendment inactive, thereby un-banning alcohol
22nd amendment states that no one can be elected President more than 2 terms
23rd modifies the Electoral College
24th states that no one can be kept from voting because of tax status
25th reinforces the replacement system for the President and Vice President
26th moves the voting age to 18
27th deals with the payment of representatives
 Article IV
Citizenship
Who are Philippine Citizens under the present
Constitution
The 1987 Constitution, Article IV, Section 1
provides
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 of law.
(1) Those who are citizens of the
Philippines at the time of the adoption of
this Constitution

 The citizens referred to are those

considered Filipino citizens at the time of
the effectivity of the present Constitution
on February 2, 1987.
(2)Those whose fathers or mothers are
citizens of the Philippines

 The Philippines follows the principle

of jus sanguinis. In determining the
citizenship of the child, Filipino
mothers are placed on equal footing
with their husbands.
(3)Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority

 Under the 1935 Constitution, a child

born of a Filipino mother, who was
married to a foreigner, is born an alien
and remains an alien during his minority
until he elects Philippine citizenship.
(4)Those who are naturalized in
accordance with law.

 Those who are not Filipino citizens at

birth may become citizens by
naturalization which is a voluntary
method of acquiring citizenship by
renouncing his former citizenship and
embracing a new one.
 Naturalization
The act of formally adopting a foreigner into the
political body of the state and giving him rights
and privileges of citizenship.

A person may be naturalized either by complying

with both the substantive and procedural
requirements of a general naturalization law or
he may be naturalized by a special act of the
legislature.
Kinds of Citizen

Natural-born are those who do not need to

perform any act to acquire his Philippine
citizenship.

Naturalized are those who were originally

citizens of another country, but who, by an
intervening act, have acquired new
citizenship in a different country.
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.
SECTION 3.

Philippine citizenship may

be lost or reacquired in the
manner provided by law.
How Filipino Citizenship may be lost?
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

naturalized by the court
B.By having been declared by
competent authority a deserter of
the Philippine armed forces in times
of war.
 Ways of reacquiring lost
Philippine Citizenship

a.) by naturalization
b.) by repatriation of deserters of
the Philippine armed forces
c.) by direct act of the Congress.
Retention and Acquisition of Citizenship

Under R.A. 9225 otherwise known as the

“Citizenship Retention and Reacquisition Act
of 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.
 R.A. 9225 otherwise known as the “Citizenship Retention and
Re-acquisition Act of 2003”

“I _______________, 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 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.
 R.A. 9225 otherwise known as the
“Citizenship Retention and Re-acquisition
Act of 2003”

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.
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.
What is the effect of Marriage of a Citizen to an Alien?

• 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.
• 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.
• If a Filipino women marries an alien and acquires
her husband’s citizenship, she will possess two
citizenships, Philippine citizenship and that of her
husband.
SECTION 5.

Dual allegiance of citizens is

inimical to the national interest
and shall be dealt with by law.
What is an Allegiance?
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 arises because our laws cannot control
laws of other states on citizenship but dual
allegiance can be a matter of personal choice or
decision
Dual Citizenship, on the other
hand, refer to the possession of two
citizenship by an individual, that of
his original citizenship and that of
the country where he became a
naturalized citizen
Important terms:

• Expatriate are those who voluntarily lost or renounced their

citizenship
• Expatriation refers to the voluntary loss or renunciation of
citizenship.
• Repatriation is the reacquisition of one's nationality by
taking the necessary oath of allegiance.
• Dual allegiance refers to the continued allegiance of
naturalized nationals to their mother country even after
acquiring Filipino citizenship.
• Dual citizenship refers to the possession of two citizenships
by an individual.
• Alien is a citizen of a country who is residing in or passing
through another country.
 Article V

Suffrage
Section 1. Suffrage may be exercised by all citizens of
the Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall have
resided in the Philippines for at least one year and in
the place where they purpose to vote for at least six
months immediately preceding the election. No
literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.

Section 2. The congress shall provide a system for

securing the secrecy and sanctity of the ballot as well
as the system for absentee voting by qualified
Filipinos abroad.
Meaning of Suffrage

• It is a 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.

Nature of the Right of Suffrage

1. A Mere Privilege.
Suffrage is not a natural right of the citizen by merely a privilege to
be given or withheld by the lawmaking power subject to
constitutional limitations. Suffrage should be granted to individuals
only upon the fulfillment of certain minimum conditions deemed
essential for the welfare of society.
2. 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 derives the powers from
consent of the governed.
 Qualifications of Voters

A person is qualified to vote if he is:

1. A citizen (male or female) of the Philippines

2. Not otherwise disqualified by law.
3. At least 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
 Persons Disqualified to vote

1. Any person who has been sentenced by final judgement 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 reacquire the right to vote upon expiration of 5 years
after service of sentence.
2. Any person who has been adjudged by final judgement by competent
court or tribunal of having committed any crime involving disloyalty to
duly constituted government such as rebellion, sedition, violation of
the anti-subversion and fire-arms laws or any crime against national
security unless restored to his full civil and political rights in
accordance with law. Such as person shall likewise automatically regain
his right to vote upon expiration of five (5) years after service of
sentence.
3. Insane or incompetent persons as declared by competent authority.
 Duties and Obligations of Filipinos
1. It is the duty of every Filipino to respect,
honor, and give due accord to his Filipino
heritage, patrimony, values and tradition.
2. It is the duty of every Filipino to contribute
to the development, welfare, and nation-
building of its country.
3. It is the duty of every Filipino to engage in
gainful work to assure himself and his family a
life worthy of human dignity.
4. Loyalty to the federal republic and national
consciousness, aspirations, and ideals shall be asked
from every Filipino citizen
5. Every Filipino citizen is asked to uphold this
constitution, obey the laws of the land, pay taxes and
duties, and to cooperate with the duly constituted
authorities in the attainment and preservation of a just
and orderly society.
6. Every Filipino citizen must give due honor to the
Philippine flag, National Anthem, Philippine President,
and other national symbols and emblems.
7. It is the duty of every Filipino to defend the
national territory from aggressive invaders, protect
sovereignty of its people, and preserve the
continuity of a just, humane society and
government.
8. It is duty of every Filipino to report to the proper
authorities all plots of terrorism, plans of rebellion,
subversion, or insurrection toward the duly and
legally acknowledge government, and other acts
that will compromise the union and sovereignty of
the federal republic.
9. It is the obligation of every Filipino, to report corrupt,
dishonest, or fraudulent government officials to the proper
forum, courts and agencies. A Filipino shall not tempt or bribe
government officials, steal from the coffers of the government,
or escape or abandon his lawful responsibilities.
10. Is the responsibilities of every Filipino to elect officials of
governments as a means of demonstrating his personal ideas and
aspirations for the motherland. Omission or abstention from this
responsibilities may indicate a persons renunciation of his right
of suffrage. No fine or inappropriate or excessive penalty shall
be asked from him as reparation for his choice not to vote.
People, who lost their social right of suffrage, may reclaim such
right in accordance of law.
 Preamble (Philippines)

We, the sovereign Filipino people, imploring the

aid of Almighty God, in order to build a just and
humane society and establish a Government that shall
embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and
secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this constitution.
Preamble (United State of America)

We the people of the United States, in order

to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide
for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America.
THANK YOU FOR LISTENING!!
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