Phillipine Constitution

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  • Topic: Nationality law, Law, Naturalization
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  • Published : March 15, 2013
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SECTION 1. The following are 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 from January 17, 1973, of Filipino mothers, who elect Philippines citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law.

Meaning of Citizenship and Citizen.

Citizenship is a term denoting membership of the 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 state.

Citizen is a person having the title of citizenship. He is a member of a democratic community who enjoys full civil and political rights, and is accorded protection inside and outside the territory of the state. Along with other citizens, they compose the political community.

To be a Filipino citizen, a person must belong to any of the classes of citizens enumerated in Section 1.

Distinguished from nationality and nationals.

From the point of view of international law, the terms “citizenship” and “citizen” do not exactly mean the same as “national.”
The later terms have a broader meaning, embracing all who owe allegiance to a state, whether democratic or not, without thereby becoming citizens. Thus, prior to the granting of Philippine independence by the United States on July 4, 1946, the Filipinos were deemed American nationals because they owed allegiance to the United States but were not citizens thereof.

Meaning of subject and alien.

A citizen is a number of a democratic community who enjoys full civil and political rights. In a monarchial state, he is often called subject. While, an alien is a citizen of a country who is residing in or passing through another country.

Two general ways of acquiring citizenship.

• Involuntary method – by birth, because of blood relationships or place of birth. • Voluntary method – by naturalization, except in case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a result of conquest or treaty.

Citizens by birth:

1. Jus sanguinis - blood relationship is the basis for the acquisition of citizenship under this rule. The children follow the citizenship of their parents. This is the predominating principle in the Philippines. 2. Jus soli or jus loci – place of birth serves as the basis for acquiring citizenship under this rule. a person becomes a citizen of the state where he is born irrespective of the citizenship of the parents.

Citizens through election under the 1935 Constitution

Under the constitution, a child born of a Filipino mother, who was married to a foreigner, is born an alien and remains an alien during his minority until he elects Philippine citizenship. Prior to such election, he has an inchoate right to Filipino citizenship. If he born after the ratification of the 1973 constitution on January 17, 1973, he is a citizen under section 1. an illegitimate child follows the citizenship of his legally known parent, the mother. Hence, there is also no need to elect Philippine citizenship.

Citizens by naturalizations

In the contemplation of the constitution, even those who are not Filipino citizen at birth and who cannot take advantage of the right given to the children of Filipino mothers, may become citizens by naturalization. In other words, citizenship may not be based on the principle of jus sanguinis.

Naturalizations are the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.

Nature of naturalization

An alien does not have a natural, inherent or vested right to be admitted to citizenship in a state. Citizenship is a matter of grace, favor or privilege, which a sovereign...
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