Article IV CITIZENSHIP
Reviewer
Citizenship it is a legal relationship between a person and a country if you are a citizen of a country, you have
the right to live there, work, vote, and pay taxes
for this episode did you know that there is a difference between citizenship and nationality if you are not aware
of this listen carefully.
Nationality is simply the country where you came from. For example, Jesse is from the Philippines, so she is
considered as a Filipino.
it is also important to take note the other person can be a national of one country, but she could also hold
Citizenship of another country. For example, Gaffney's was born in the Philippines whether Filipino parents
Decided to live in the United States for better opportunities, from this example we can say that Japanese has a
Filipino nationality, but she is also a US citizen for she is living in the United States and a legal citizen of that
now.
Two recognized forms in acquiring citizenship, By Birth, and naturalization
By Birth s is further subdivided into two weeks first is what we call Jus Soli it is a Latin term which means the
law of the soil, this is a rule let the citizenship of a child is determined by the place of birth.
the second one is what we call jus sanguinis it is a Latin term which means the law of blood this is a rule that
the citizenship is determined by blood relations the second form of acquiring citizenship is through
naturalization.
the kinds of Filipino citizens under the Constitution
First those who are citizens of the Philippines at the time of the adaptational this Constitution.
Second the natural-born citizen these are the citizens of the Philippines from birth without having to perform
any act of war or perfecter Philippine citizenship.
How can you be a natural-born Filipino citizen?
Philippine nationality law is based upon jus sanguinis. Generally, if you are born to at least the one parent who
is a Filipino citizen at the time of your birth you're born with a Philippine citizenship.
look at these examples, first Xia's mom is a Filipino and her dad is an American is she a natural-born
Filipino?
the answer is a very big yes!
second example let's meet kay she is an illegitimate child of her Filipino father does she be considered as
a natural-born Filipino? the answer is yes! take note of this, a child born of a Filipino father or Filipino
mother running the child is legitimate or illegitimate and still and natural-born Filipino.
for our last example, Laika she was born in America, but her parents are Filipinos is she and natural-
born Filipino? the answer is yes! if the child is born in another country but her parents are Filipinos she will
still be considered as a natural-born Filipino. In the case of Lika she is qualified for dual citizenship
The Third Kind of citizens under the 1987 Philippine Constitution are the Citizens Through
Election, these are the people weren't before January 17, 1973, all Filipino mothers who elect Philippine
citizenship upon reaching the age of majority
Under the 1935 Constitution, The Charles’s mother was married to a foreigner was born an alien and remains an
alien until he elects Philippine citizenship after reaching the age of majority, this rule was changed. Under the
1987 Philippine Constitution a Filipina does not lose her citizenship by her marriage to an alien.
Last are the Naturalized Citizens, aliens are foreigners can become Filipino citizens through naturalization or
the Process of allowing a foreigner who lives in one country to become a citizen of another country. However,
they must first renounce the original citizenship before they become naturalized Filipinos.
There are three ways for aliens to become naturalized citizens of the country
First is A Direct Naturalization this is further subdivided into three weeks administrative naturalization
Judicial naturalization and Direct Acts of The Congress
let's discuss Administrative Naturalization this applies to native-born aliens who lived in the Philippines all
their lives who never saw any country and thought they were Filipinos; this follows RA 9139 or the
administrative naturalization law of 2000.
Here are the qualifications:
First must be at least 18 years old,
Second must be born and have lived in the Philippines,
Third must have good moral character and must believe in the constitution,
Fourth must own a real estate in the Philippines for not less than five thousand pesos or have some lucrative
trade profession a low fall occupation,
Fifth, must be able to speak and write in any Filipino dialect,
Last the minor children of school age must be enrolled in the school's prescribed by the law.
The second way is The Judicial Naturalization if a foreigner is not qualified for administrative naturalization,
then he will have to go through judicial naturalization which follows Commonwealth act 473 or the revised
naturalization law
Here are the qualifications:
First must be at least 21 years old at the hearing of the petition
Second must reside in the Philippines for at least 10 years
Third must have good moral character and must believe in the constitution
Fourth must own a real estate in the Philippines for not less than five thousand pesos or have some lucrative
Trade profession and local occupations.
Fifth must be able to speak and write in English or Spanish and any one of the principal Philippine languages.
Lasts the minor children of school age must be enrolled in the school's prescribed by the law
The last way and the direct naturalization are through a Direct Act of The Congress.
Legislative naturalization is quite rare, and this applies only for aliens who have made outstanding contributions
to the country.
The second way of becoming a naturalized citizen is through Derivative Naturalization.
The relative citizenship is defined as obtaining one's citizenship from or through another person you can be
any of the following: wife or naturalize husband, alien wife of a natural-born citizen, or a minor child of
naturalized parents.
It is also, important to take note that naturalized citizens cannot enjoy the following:
first dual citizenship
second run in any political position
let's move on to the effects of marriage to a foreigner
Citizens of the Philippines who marry aliens shall retain their citizenship unless they renounce it now.
let's talk about the loss of citizenship
Filipino citizenship is not forever, Filipinos may lose citizenship voluntarily and involuntarily.
First, it’s voluntarily also called as expatriation it is a process of living your country and living in a new one.
It May be through naturalization in a foreign country, renunciation of citizenship, subscribing to an oath
of allegiance to support the constitution or the laws of a foreign country.
The second one is involuntarily these are the following ways where you can involuntarily lose your Filipino
Citizenship:
First cancellation of certificate of naturalization by the court, and second if you are a deserter of the Philippine
Armed Forces.
Reacquisition of lost Philippine citizenship
Citizenship maybe reacquired here are the several ways of reacquiring citizenship:
first Naturalization
second Direct Act of The Congress
third Repatriation or the recovery of original citizenship, this is made by making a allegiance to the republic of
the Philippines
for our last topic let's talk about Dual Citizenship versus Dual Allegiance many people are confused between
Dual Citizenship and Dual Allegiance
let's define these two terms
Dual Citizenship means you are a citizen of two countries at the same time.
For example, a child born in the United States with Filipino parents can have a dual citizenship, because United
States follows Jus soli, and his parents are also Filipinos where Jus sanguinis is following the child is legally
both a Filipino and an American
On the other hand, Dual Allegiance refers to the situation in which a person simultaneously owes loyalty to two
or more states what the Constitution prohibits is Dual Allegiance not Dual Citizenship.