Article IV and V

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Article IV.

Citizenship
8.1 Section 1. The following are citizens of the Philippines:
8.1.1 Those who are citizens of the Philippines at the time of the
adoption of this constitution;
8.1.2 Those whose fathers or mothers are citizens of the
Philippines;
8.1.3 Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
8.1.4 Those who are naturalized in accordance with law.
8.2 Citizenship is a term signifying a membership in a democratic state. It
carries with it the duty to be loyal to the state and on the part of the
state to provide protection for its member.
8.3 A citizen is a person who is a member of a democratic state, enjoying
all political and civil rights.
8.4 An alien is a citizen or a subject of a country who is living in or just
passing or visiting another country.
8.5 Jus sanguinis. Citizenship by birth because of blood relationship.
8.6 Jus soli. Citizenship by birth by place of birth.
8.7 Citizenship at the time of the adoption of the Constitution. This
citizens referred to those citizens under the 1973 Constitution at the
time of the effectivity of the new Constitution on February 2, 1987 by
virtue of Proclamation No.58 of the President.
8.8 Citizens through election under the 1935 Constitution. Under this
constitution the child those whose mother was a Filipino citizen at the
time of the marriage to a foreigner but whose citizenship was lost by
a reason of such marriage, is regarded an alien until he elects
Philippine citizenship after reaching the age of majority.
8.9 Naturalization. Is the process by which a foreigner becomes a citizen
of a state. It is similar to the process of adoption of a child into a family
except that in adoption, it is the adopter who does the choosing. In
naturalization, the individuals has to apply to become a citizen.
8.10 Citizens by naturalization. Those who are not Filipino citizens at
birth may become citizens by naturalization. Only those who have
come to love our country and can contribute to its development and
progress should be allowed to become citizens by naturalization.
8.11 Ways of acquiring citizenship by naturalization:
8.11.1 By judgment of the court. A foreigner who wishes to
become a Filipino citizen may do so by applying for
citizenship at the proper Regional Trial Court which will
determine whether he has all the qualifications and none of
the disqualification provided by the law.
8.11.2 By direct act of Congress. In this case, our law making
body simply passes a law directly granting citizenship on a
foreigner.
8.12 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. Those who elect
Philippine citizenship in accordance with paragraph (3), section
1 hereof shall be deemed natural born citizens.
8.12.1 Natural born citizens. They refer to those who at the
moment of their birth are already citizens of the
Philippines, who do not have to perform any act to
acquire or perfect their Philippine citizenship.
8.13 Section 3. Philippine citizenship may be lost or reacquired in the
manner provided by law.
8.13.1 Loss of citizenship. Giving up or losing one’s citizenship
is called expatriation. A Filipino citizen may lose his
citizenship in any of the following ways:
a. Voluntarily. They are the following: by becoming a
naturalized citizen of some other country; by
renouncing his citizenship; by swearing allegiance to
a foreign country; and by rendering service in the
armed forces of the other country.
b. Involuntarily. They are the following: by cancellation
of his certificate of naturalization by the court; and by
being a deserter in the Philippine armed forces in time
of war.
8.13.2 Reacquisition of lost Philippine citizenship.
Citizenship may be reacquired by: naturalization;
repatriation; and direct act of the Congress of the
Philippines.
8.13.3 Repatriation. Is made by merely taking the necessary
oath of allegiance to the Republic of the Philippines and
registering the same in the proper civil registry.
8.14 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.
8.14.1 Effect of marriage of citizen to an alien. A Filipino
woman acquired the citizenship of her foreign husband
through marriage, shall have two citizenship and that of
her husband.
8.15 Section 5. Dual allegiance of citizens is inimical to national interest
and shall be dealt with by law.
8.15.1 Dual allegiance of citizens. The Constitution does not
allow citizens particularly those who have acquired their
citizenship by naturalization, to practice dual allegiance
that is, to acquire Filipino citizenship and yet maintain
close ties and allegiance to their former country. A
Filipino citizen, whether natural born or naturalized, has
the supreme duty to remain loyal to our Republic, and to
no other.
8.15.2 Duties and obligation of citizens. Every citizen enjoys
certain rights and privileges. However, it is important for
citizens to realize that every right has corresponding
duty or obligation. Knowledge of his obligations and
duties and willingly discharging them will help to avoid or
reduce conflicts or disputes in society and make our
democracy stronger and our country more progressive.
a. To be loyal to the Republic. Loyalty denotes
devotion and love for the country.
b. To defend the State. Men may have different views
on politics, religion, wisdom of laws, and others but
love of country must be the binding force that
keeps their society as a whole.
c. To contribute to the development and welfare of
the State. The development and welfare of the
State must be a primary concern of every citizen
because anything that affects the State affects him
ultimately.
d. To uphold the Constitution and obey the laws.
This is the first and perhaps the most important
duty of citizenship.
a. To cooperate with duly constituted authorities.
The fact that man exists with people places on him
a certain responsibility to concern himself with the
larger interest of the nation.
b. To exercise rights responsibly and with due
regard for the rights of others. Every citizen must
be aware not only of his rights but also of his
obligations to his fellow citizens.
c. To engage in gainful form. It is the responsibility
of every citizen to be gainfully employed or have a
means of livelihood.
d. To register and vote. It is chiefly through suffrage
that the will of the people is expressed and the
people participate directly in the affairs of the
government.
9. Article V. Suffrage
9.1 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 wherein they propose 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.
9.2 Suffrage. Is the right and obligation to vote in the election of government
officers and in the decision of public questions submitted to people.
9.3 Scope of Suffrage:
a. Election. This refers to the means by which people choose certain
officials to represent them in the administration of the
government.
b. Plebiscite. This refer to an election wherein the people decide
whether to accept or reject certain changes in the
Constitution.
c. Referendum. This refers to the submission of a law or a part
thereof passed by Congress or a local legislative
body to the people for their approval or rejection.
d. Initiative. This refers to the process whereby the people directly
propose and enact laws.
e. Recall. This refers to the means by which local official may be
removed from office even before he finishes his term by a
vote of the people.
9.4 Persons qualified and disqualified to vote. Under present law, the
following may not exercise the right to vote:
a. Any person who has been sentenced to a prison term of not less
than one year, except after five years from completion of his
sentence.
b. Any person who has been found guilty by a court of having
committed a crime involving disloyalty against the State such as
rebellion, treason, etc. except after five years from the completion
of sentence and
c. Any person found to be not be in normal mental condition.
9.5 Literacy requirement prohibited. A person is not disqualified to vote
merely because he is illiterate or does not know how to read and write.
9.6 Property requirement prohibited. The Constitution does not require
that one must be an owner of property to be able to exercise the right to
vote or to be elected to public office.
a. Property ownership alone does not make a person more fit to make
decisions. It is the person who needs to be given due
consideration, not what he owns.
b. To make ownership of property a requirement is against the
principle of republican government that sovereignty resides in the
people and all government authority emanates from them.
c. Social justice implies equal chances for all rich and poor alike.
9.7 Other substantive requirements prohibited. The Constitution does not
allow other additional substantive requirements similar to literacy and
ownership of property for the exercise of the right to vote.
a. Education. While it may be true that a person with a high education
is an asset to society, there is no guarantee that he will vote more
intelligently or wisely than one with less or without education.
b. Sex. Men and women are fundamentally equal. The belief that the
woman’s place is only home is no longer accepted in today’s
modern society.
c. Taxpaying ability. One should not be denied the right to vote simply
because he is exempted from paying taxes or the tax he is required
to pay is below a certain amount.
9.8 Section 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by disqualified Filipinos abroad. The congress shall also
design a procedure for the disabled and illiterates to vote without
the assistance of the persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot.
9.8.1 System for securing the secrecy and sanctity of the vote.
We, have adopted in the Philippines a ballot system under
which a voter casts his ballot in secret. This allows the voter to
exercise his right as he pleases with absolute freedom and
without any misgiving that his vote can be checked up by any
person to whom he may owe favor of any kind.
9.8.2 System for absentee voting by qualified. Those who by
force of circumstances have to temporarily work and reside
abroad but who still feel love and concern in their hearts for
their native land remain part of our Republic. Hence, they
should also be given the right to vote. Within the country,
absentee voting by government officers and employees, who
might be away from the places of voting by reason of official
functions or work on election day may also be allowed.

Self Help: You can also refer to the sources below to help you further
understand the lesson:
Reference:
De Leon, H.M. (2014 ed). Textbook on the Philippine Constitution. Manila: Rex
Publishing Company.

Mendoza, J.M., Pulma, E.B., & Trabajen, R.C. (2013). Politics and Governance with
1987 Philippine Constitution. Mandaluyong City. Books Atbp. Pub. House.

Riodique, F.C. & Ramos, G.D. (2015). Introduction to Philippine Government and
Politics: With Basic Constitutional Principles. Manila: Mindshapers Co., Inc.

Rivas, D.C. & Nael, M.M. (2010). Politics, Governance and the Philippine Constitution.
Manila: Rex Publishing Company.

Let’s Check

Activity 1. Now that you know the most essential terms in the study of Citizenship and
Suffrage. Let us try to check your understanding of these terms. In the space provided,
write the term/s being asked in the following statements:

______________1. It refers to the means by which local official may be removed from
office even before he finishes his term by a vote of the people.

______________2. It is a term signifying a membership in a democratic state. It carries


with it the duty to be loyal to the state and on the part of the state to provide protection
for its member.

______________3. It is made by merely taking the necessary oath of allegiance to the


Republic of the Philippines and registering the same in the proper civil registry.
______________ 4. It is a citizen or a subject of a country who is living in or just
passing or visiting another country

______________5. Acquiring citizenship by birth through place of birth.


______________ 6. It is the right and obligation to vote in the election of government
officers and in the decision of public questions submitted to people.

______________ 7. It refers to the submission of a law or a part thereof passed by


Congress or a local legislative body to the people for their approval or rejection.

______________8. It refers to the means by which people choose certain officials to


represent them in the administration of the government.
______________ 9. It is the process by which a foreigner becomes a citizen of a state.

______________10. Acquiring citizenship by birth through blood.

Let’s Analyze

Activity 2. Discuss the following.


1. Who are the citizens of the Republic of the Philippines?
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2. Explain the principles that govern citizenship by birth. Give an example from
each principle.
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3. Abigail, a Filipino who went to Australia and married her Australian pen-pal came
back to the Philippines after 10 years. While on vacation in Tagaytay, she
delivered a healthy baby boy name Ezra. She indicated in the certificate of live
birth of her child that Ezra is a Filipino citizen. Is her declaration of the boy’s
citizenship valid? Justify your answer.
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Activity 3. Explain the following.


1. Who are qualified to vote?
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2. How can we safeguard the sanctity of the ballots?


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3. Discuss some of the corrupt practices in the Philippine Election.


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Question & Answer (Q&A)

You are free to list down all the emerging questions or issues in the provided
spaces below. These questions or concerns may also be raised in the LMS or other
modes. You may answer these questions on your own after clarification. The Q&A
portion helps in the review of concepts and essential knowledge.

Questions Answers

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3.

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5.

Keywords Index

 Citizenship
 Alien
 Jus soli
 Suffrage
 Naturalization
 Jus sanguinis

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