Presentation on theme: "ARTICLE IV CITIZENSHIP. SECTION 1.The following are citizens of the Philippines: (1)Those who are citizens of the Philippines at the time of the adoption."— Presentation transcript:
ARTICLE IV CITIZENSHIP
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 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.
CITIZEN - 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. CITIZENSHIP - denotes membership of a citizen in a political society, which membership implies, reciprocally, a duty of allegiance on the part of the members and duty of protection on the part of the state.
General ways of acquiring citizenship: INVOLUNTARY METHOD by birth because of blood relationship (jus sanguinis) or place of birth (jus soli). VOLUNTARY METHOD by naturalization
(1)Those who are citizens of the Philippines at the time of the adoption of this Constitution The citizens referred to are those considered Filipino citizens at the time of the effectivity of the present Constitution on February 2, 1987.
(2)Those whose fathers or mothers are citizens of the Philippines The Philippines follows the principle of jus sanguinis. In determining the citizenship of the child, Filipino mothers are placed on equal footing with their husbands.
(3)Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority Under the 1935 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.
(4)Those who are naturalized in accordance with law. Those who are not Filipino citizens at birth may become citizens by NATURALIZATION which is a voluntary method of acquiring citizenship by renouncing his former citizenship and embracing a new one.
SECTION 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.
SECTION 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Ways of losing citizenship VOLUNTARILY a.) by naturalization in a foreign country b.) by express renounciation of citizenship c.) by supporting the constitution and laws of a foreign country d.) by rendering service to the armed forces of a foreign country INVOLUNTARILY a.) by cancellation of his certificate of naturalization by the court b.) by having been declared as a deserter in the Philippine armed forces in time of war.
Ways of reacquiring lost Philippine Citizenship a.) by naturalization b.) by repatriation of deserters of the Philippine armed forces c.) by direct act of the Congress.
SECTION 4. 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.
SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
NOTE:What Section 5 prohibits is not dual citizenship but dual allegiance. Dual citizenship arises because our laws cannot control laws of other countries on citizenship.
REPUBLIC ACT NO Citizenship Retention and Re-acquisition Act of 2003 Natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic.
I ARTICLE V SUFFRAGE
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election.
Meaning of SUFFRAGE: right and obligation to vote of qualified citizens in the election of public officers. Nature of Suffrage: 1.) A mere privilege – suffrage is not a natural right but merely a privilege to be given or withheld by the law. 2.) A political right – suffrage enables a citizen to participate in the process of government.
Scope of Suffrage ELECTION – means by which people choose their officials. PLEBISCITE – vote of the people expressing their choice for or against a proposed law submitted to them. REFERENDUM – submission of a law passed by the legislative body to the people for their ratification or rejection. INITIATIVE – people directly propose and enact laws. RECALL – a method by which a local elective official may be removed from office during his tenure.
Age qualification This is based on the assumption that under a certain age, human beings have the maturity, experience, education and sense of judgment that will enable them to vote with reasonable degree of intelligence.
Residence qualification This is to give reasonable period within which a person can familiarize himself with the needs and conditions and the personalities of the nation and locality.
Persons disqualified to vote 1.) Those who have been sentenced to suffer imprisonment for not less than 1 yr. 2.) Those who committed any crime involving disloyalty to the government such as rebellion and sedition. 3.) Those declared as insane or incompetent persons.
SECTION 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons.
Secrecy and Sanctity of the Ballot to insure that the voters shall exercise their right to freely, uninfluenced by threats, intimidation or corrupt motives and to secure a fair and honest count of the ballots. Absentee Voting System Filipinos who, by force of circumstances, have temporarily work and reside abroad but maintain their love and loyalty to their native land are still part of our Republic, they are also affected by the quality of public officials and policies of the government.
REPUBLIC ACT NO The Overseas Absentee Voting Act of 2003 All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.