CITIZENSHIP

Open Question to class: Why is citizenship important? Because it is what determines whether you can exercise certain political, civil, as well as economic rights within certain state. Example: Those who are Filipino citizens can exercise the right to suffrage or the right to seek an elected position within the Philippines, subject to the qualifications required by the law, i.e. age, residency, etc.

What are the usual modes of acquiring citizenship? 1. Birth a. Jus sanguinis b. Jus soli 2. By Naturalization 3. By marriage

1. Birth Jus sanguinis Law of the blood. - Citizenship is determined by the citizenship of the father or mother. Jus Soli Law of place. - Citizenship is determined by the place of birth. To what principle do the Philippines adhere to? Answer: Jus Sanguinis principle as evidenced by Sec. 1 par. 2 & 3 of Article IV of the 1986 Constitution. Example of Jus Soli Under the American law a person born within the United States are considered as American citizen. Question: Can a Filipino be also an American at the same time from the time he was born? Answer: Yes. Example Situation: The childs Filipino mother, during her pregnancy, and his Filipino father, went to New York, USA. During their stay in New York the mother gave birth of the child. Thus, under the American law the child is deemed an American citizen by virtue of the Jus Soli principle. At the same time the child is also a Filipino under the Philippine law because of the Jus sanguinis doctrine. Thus, the word dual-citizenship arise.

General Principles
Define Citizenship: - Members in a political community which is personal and more or less permanent in character. (page 220, Outline Reviewer in
Political Law, A.B. Natchura)

How does Nationality?

Citizenship

differ

from

- Nationality is membership in any class or form of political community. - It is the quality or character which arises from the fact of a persons belonging to a nation or state. - It is what determines the POLITICAL status of an individual, especially with reference to his allegiance. Example: o American is the nationality of those who are citizen of Unites States of America o Filipino is the nationality of the citizens of the Republic of the Philippines Thus, nationals may be citizens.

Question: Is dual-citizenship allowed in the Philippines? This was the controversy settled by the Supreme Court in the case of Ernersto S. Mercado vs. Eduardo Barrios Manzano in May 26, 1999. Manzano, also known as Edu Manzano sought the position of Vice-Mayor in the City of Makati during the May 11, 1998 elections. Among his contender was the former Department of Defense Secretary, during President Estrada time, Ernesto S. Mercado. Edu won the election. Mercado questioned the qualification of Edu alleging that he possessed dual citizenship which is a ground for disqualification under Article 40 of the Local Government Code in relation to Section 5, Article IV of the 1987 Constitution. Edu was born in the US but his parents are Filipino citizens. Supreme Court said that dual-citizenship is not detrimental to the interest of the Philippines. This was made in recognition that there are Filipinos who also possesses another citizenship to another country not because of their personal choice but that of the circumstances during their birth of which they have no control. What is inimical is DUAL-ALLEGIANCE.

Basis: Paragraph 4, Section 1, Article IV of the 1987 Constitution. Modes of Naturalization: o Direct o Derivative 1. Direct Citizenship is acquired by: Individual, through judicial or administrative proceedings; Special act of legislature; Collective change of nationality, as a result of cession or subjugation; or In some cases, by adoption of orphan minors as nationals of the State where they were born. 2. Derivative Citizenship conferred on: Wife of naturalized husband; Minor children of naturalized parents; or the Alien woman upon marriage to a national. 3. Marriage Refer to derivative naturalization. Note: Section 4. Article IV of the 1987 Constitution provides that Filipino Citizens who marry aliens shall retain their citizenship, unless by their act, such as performing allegiance to the state of his/her spouse, under the law, are deemed to have renounced their Filipino citizenship.

2. Naturalization This a mode of acquiring citizenship by performing acts required by the law. Law: o Commonwealth Act No. 473 or the Naturalization Law

CITIZENS OF THE PHILIPPINES

Who are the citizens of the Philippines? Section 1, Article IV of the 1987 Constitution provides that, the following are the 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. Thos who are naturalized accordance with law. in

1. Who are those citizens of the Philippines