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Article 4 of the Philippine constitution notes on the lecture
Course: philosophy (PHILO 101)
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University: STI College
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Expatriation
Opposite repatriation (reacquire citizenship)
•
Involuntary
ARTICLE 4: CITIZENSHIP
"Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for allher
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
A term denoting 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.
•
This legal relationship involves rights and obligations on the part of both the individual and
the state itself.
•
Citizen
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 AND NATIONALITY AND NATIONAL
CITIZENSHIP
NATIONALITY
NATIONAL
membership in a
democratic or political
community
•
follows the exercise of
civil and political rights
•
implies complete
possession of civil and
political rights in a body
politic
•
political affiliation; civil
and political rights
•
membership in any political
community whether monarchial,
autocratic or democratic
•
does not necessarily carry with it
the exercise of political rights
•
often times use synonymously
with Citizenship.
•
does not necessarily confer right
like that of a citizen.
•
ethnicity; ethnic in nature;
place of origin
•
defined as a person who
owes allegiance to and is
entitled to the protection of
a given state, regardless
of the status under
domestic law
•
All persons are nationals,
but not all are citizens of a
state
•
A person can be a citizen of one country and a national of another.
WHAT IS A SUBJECT?
Usually implies membership in a monarchial society.
•
not enjoy civil and political rights.
•
WHAT IS AN ALIEN?
citizen of a country who is residing in or passing through another country. He is particularly
called “foreigner”.
•
not given the full rights of citizenship but is entitled to receive protection as to his person
and property.
•
GENERAL WAYS OFACQUIRING CITIZENSHIP
Involuntary Method
By birth
Jus Sanguinis (right of blood)
Citizenship by virtue of blood relationship.
▪
The children follow the citizenship of the parents.
▪
This prevails in the Philippines.
▪
○
Jus soli (right of soil)
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.
▪
○
•
SITUATIONS
If parents are foreigners born in the Philippines citizenship would depend on the law
of the state where the parents came from
►
If born on an airplane, they would usually check the nationality/registration of the
plane
Ships and airplanes are considered extensions of a state
▪
►
Through the change of sovereignty which result in the acquisition by each individual of the
ceded or acquired territory of the citizenship under the new sovereign in the absence of
treaty stipulations to the contrary.
•
Through direct legislative grant.
Foreigners may be granted citizenship by congress
○
•
Voluntary Method
Through marriage which result in the acquisition by the wife of the citizenship of the
husband in case of difference in citizenship of the parties, except where the wife is barred
from acquiring the citizenship of the husband by the law of the nation of the latter.
•
Through the election which is the acquisition of citizenship after reaching the age of
majority;
•
Naturalization of the head of the family which result in the naturalization of the wife and the
minor children living with him
•
WHO ARE THE CITIZENS OF THE PHILIPPINES?
Section 1 provides that the following are deemed citizens of the Philippines :
Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(1)
Those whose fathers or mothers are citizens of the Philippines ;
(2)
ARTICLE 4
Tuesday, June 29, 2021
04:02 PM
POLSCI5 Page 1
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