Sales, Dinah E. Ramirez, Ruby N.

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Presentation transcript:

Sales, Dinah E. Ramirez, Ruby N. citizenship Sales, Dinah E. Ramirez, Ruby N.

"Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for all her modest resources compared to those of other states, is a jealous and possessive mother demanding total love and loyalty from her children.“ -Justice Isagani Cruz-

Citizenship - is the legal status of a person acquired through being a citizen of a country. - denotes membership in a political community with full civil and political privilege and this membership imply, reciprocally, a duty of allegiance on the part of the member and duty of protection on the part of the state.

citizens

citizens “He who has the power to take part in the deliberative or judicial administration of any state is said by us to be a citizen of that state.” -Aristotle - A person having the title of citizenship. He is a member of democratic community who enjoys full civil and political rights and is accorded protection inside and outside the territory of the State.

Citizenship & 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.

Subject & 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 receive protection as to his person or property.

Kinds of citizens under the constitution General Ways of Acquiring Citizenship: *Involuntary Method 1. Jus Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of the parents. This prevails in the Philippines.

2. Jus soli. Citizenship by virtue of the place of birth 2. 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. *Voluntary Method 3. Naturalization. If any person wants to be a citizen of a particular country, then the person can apply for naturalization of citizenship, subject to applicable laws in that particular territory.

Who are considered 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 with law.

Kinds of citizens of the Philippines 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.

Loss of citizenship Philippine citizenship may be lost or reacquired in the manner provided by law. -Article IV, Section 3 Acts that will result to loss of citizenship: By renunciation of one’s citizenship and embracing the citizenship of another country or expatriation; 2. By taking the oath of allegiance to another country upon attaining the age of majority; or 3. By joining the military service of another country;

1. by the court’s cancellation of one’s naturalization; or One’s citizenship may also be lost due to the following reasons: 1. by the court’s cancellation of one’s naturalization; or 2. by being convicted of desertion in the Philippine Armed Forces in times of war

Effect of marriage 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. -Article IV, Section 4

How to re-acquire citizenship? Citizenship may be acquired, even though it is lost according to the provisions of the law. There are several ways of reacquiring citizenship. It may be-reacquired through: *naturalization *repatriation *direct act of Congress

*Naturalization – it is the legal act by which a non-citizen in a country may acquire citizenship of that country. *Direct Act of Congress *Repatriation – it is the recovery of original citizenship. If natural-born citizenship was lost, then natural-born citizenship will be re-acquired.

Re-acquisition of Phil. Citizenship does not have an automatic effect Re-acquisition of Phil. Citizenship does not have an automatic effect. The fact that a former Filipino was elected does not automatically restore Philippine citizenship. As what the Supreme Court has held in the case of Labo, Jr. Philippine citizenship is not a cheap commodity that can be easily recovered after its renunciation. It may be restored only after the returning renegade makes a formal act of re- dedication to the country he has abjured and solemnly affirms once again his total and exclusive loyalty to the Republic of the Philippines.

Thank you!