Topic 1 - Citizenship and Suffrage

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TOPIC 1: CITIZENSHIP AND SUFFRAGE

(NATIONAL SERVICE TRAINING PROGRAM 1 – SIR EHRIC QUINTANA)


● By birth
OUTLINE OF TOPICS ● By blood relationship
● Children follow the citizenship of their
a. Article 4: Citizenship
parents or one of them
b. Article 5: Suffrage ● By place of birth

2. Voluntary Method
● Exception: In case of collective
naturalization of the inhabitants of a
CITIZENSHIP territory which takes place when it is
ceded by one state to another as a
● The state of a member of a particular country result of conquest or treaty
and having rights because of it.
● A term of municipal law and denotes the Naturalization
possession within the particular state of full
civil and political rights, subject to special ● The act of formally adopting a foreigner into
disqualifications such as minority, sex, etc. the political body of the state and clothing
(Roa v. Collector of Customs, 23 Phil 332) him with the rights and privileges of
citizenship.
ARTICLE 4: CITIZENSHIP ● Implies the renunciation of a former
nationality and the fact of entrance to a
SECTION 1. The following are citizens of the similar relation towards a new body politic.
Philippines:
SECTION 3. Philippine citizenship may be lost or
(1) Those who are citizens of the Philippines at the reacquired in the manner provided by law.
time of the adoption of this Constitution;
Loss of Citizenship
(2) Those whose fathers or mothers are citizens of
the Philippines; 1. Voluntarily – expatriation
a. By naturalization in a foreign country
(3) Those born before January 17, 1973, of Filipino (RA 9225);
mothers, who elect Philippine citizenship upon b. By express renunciation of citizenship
reaching the age of majority; and c. By subscribing to an oath of allegiance
to support the constitution and laws of
(4) Those who are naturalized in accordance with a foreign country; and
law. d. By rendering service to, or accepting
commission in the armed forces of a
SECTION 2. Natural-born citizens are those who
foreign country
are citizens of the Philippines from birth without
having to perform any act to acquire or perfect 2. Involuntary
their Philippine citizenship. Those who elect a. By cancellation of his certificate of
Philippine citizenship in accordance with naturalization by the court; and
paragraph (3), Section 1 hereof shall be deemed b. But having been declared by a
natural-born citizens. competent authority, a deserter in the
Philippine armed forces in time of war

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.

Effect of Marriage of Citizen to an Alien

Modes of Acquiring Citizenship A citizen who marries an alien does not lose
his/her Philippine citizenship even if by the laws
1. Involuntary Method
of his/her wife’s/husband’s country, he/she disqualified by law, who are at least eighteen
acquires her/his nationality. years of age, and who shall have resided in the
Philippines for at least one year, and in the place
● Exception: renunciation by subscribing to an wherein they propose to vote, for at least six
oath of allegiance to support the months immediately preceding the election. No
constitution and the laws of a foreign literacy, property, or other substantive
country. requirement shall be imposed on the exercise of
● Thus, a Filipino woman, who upon marriage suffrage.
to an alien acquires his citizenship, will
possess two citizenships – Philippine Qualifications
citizenship and that of her husband.
1. A citizen (male of female) of the Philippines;
SECTION 5. Dual allegiance of citizens is inimical 2. Not otherwise disqualified by law
to the national interest and shall be dealt with by 3. At least 18 of age; and
law. 4. Have resided in the Philippines for at least 1
year and in the place wherein he proposes to
Dual Allegiance of Citizens vote for at least 6 months preceding the
election
● Continued allegiance of naturalized nationals
to their mother country even after they have Scope of Suffrage
acquired Filipino citizenship
● Prohibited 1. Election
● Declared inimical to national interest, and 2. Plebiscite
Congress is required that it be dealt with by 3. Referendum
law. 4. Initiative
5. Recall
Dual Citizenship
SECTION 2. The Congress shall provide a system
● Possession of two citizenships by and for securing the secrecy and sanctity of the ballot
individual, that of his original citizenship as well as a system for absentee voting by
and that of the country he became a qualified Filipinos abroad.
naturalized citizen
● Not prohibited The Congress shall also design a procedure for the
● Arises because our laws cannot control disabled and the illiterates to vote without the
laws of other countries on citizenship assistance of other persons. Until then, they shall
● Not per se objectionable, but such status may be allowed to vote under existing laws and such
be regulated or restricted by law where it is rules as the Commission on Elections may
conducive or could lead to dual allegiance promulgate to protect the secrecy of the ballot.

SUFFRAGE

● 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
● A voice given not only in the choice of a man
for an office or trust, but, also, in deciding a
controverted question (Javellana v. Secretary
Executive, 50 SCRA 103)

ARTICLE 5: SUFFRAGE

SECTION 1. Suffrage may be exercised by all


citizens of the Philippines not otherwise

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