CITIZENSHIP

Prepared by Raizza Corpuz

CITIZENSHIP

• It is a membership in political community which is personal and more or less permanent in character

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.

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.

Modes of Acquiring Citizenship1.By BIRTHa.Jus Sanguinis- acquisition of

citizenship on the basis of BLOOD relationship

b.Jus Solis- acquisition of citizenship on the basis of the PLACE of birth

2. By NATURALIZATIONThe act of adopting an alien and clothing

him the privilege of a native-born citizen

3. By MARRIAGE

Q: What PHILIPPINES followed?

• A: Jus Sanguinis and NATURALIZATION

Q: Who are the citizens of the Philippines

1. Those who are Filipino citizens at the time of the adoption of the 1987 Constitution

2. Those whose fathers and mothers are Filipino citizens

3. Those who are born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority

4. Those naturalized in accordance with law

Q: Who are natural born citizens?

A:

1. Citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship

2. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

Q: What is the rule regarding marriage of a Filipino with an

alien?

A: GR: the Filipino retains Philippine citizenship

XPN: If, by their act or omission they are deemed under the law, to have renounced it

CASE ANALYSIS:

• Miguel Sin was born a year ago in China to Chinese father and a Filipino mother. His parents met in Shanghai where they lawfully married just 2 years ago. Is Miguel Sin a Filipino citizen?

• A: YES, because he is the legitimate child of a Filipino mother. Under Article 4 Section 4 of the 1987 Constitution, his mother retained her Philippine citizenship despite her marriage to an alien husband, and according to Article Section 1 (2) children born Filipino mother are Filipino citizens

What are the qualifications for NATURALIZATION?

1. Not less than 18 yrs. of age on the date of hearing the petition.

2. Resided in the Philippines for not less than 10 years

3. Character

• good moral

• believes in the Constitution

• irreproachable conduct during his stay in the Philippines

4. Owns real estate in the Philippines not less than P5,000 in value, lawful occupation

5. Speaks and Writes English or Filipino and any principal Philippine dialects

Enrolled minor children in any public or private school recognized by the government