ARTICLE IV - CITIZENSHIP Flashcards
What is citizenship?
“Citizenship is the man’s basic right for it is nothing less than the right to have rights.”
It is a legal device denoting political affiliation and is referred to as the right to have rights.
It is one’s personal and permanent membership in a political community.
It denotes possession within the political community of full civil and political rights SUBJECT TO SPECIAL DISQUALIFICATION.
It imposes the duty of allegiance to the political community.
T or F
The core of citizenship is the capacity to enjoy political rights, that is, the right to participate in government, principally through the right to vote, right to hold public office, and the right to petition the government for redress of grievance.
True.
What are the modes of acquiring citizenship? Define each
- Jus sanguinis (Right of Blood) - based on blood relationship (Followed by the PH)
- Jus soli (Right of the soil) - based on place of birth
- Naturalization - legal act of adopting an alien and clothing him with the privilege of a native-born citizen.
What are the methods of acquiring citizenship in the Philippines?
- By birth (Natural-born PH citizen)
2. By naturalization (Naturalized PH citizen)
T or F
Under the Spanish rule, the native inhabitants of the Philippines were referred to as Spanish subjects, and not citizens
True
When did the term “citizens of the Philippines” first appear and under what law?
The term “citizens of the Philippines” first appeared in legislation of the Philippine Organic Act aka Philippine Bill of 1902.
Briefly explain the content of the Philippine Bill of 1902 in relation to citizenship.
It explicitly covered the status of children born in the Philippine Islands to its inhabitants who were Spanish Subjects as of April 11, 1899. An inhabitant is one who:
- Native born
- inhabitant who was a native of peninsular Spain
- Inhabitant who obtained Spanish papers on or before April 11, 1899
Under the Jones Law, or the Philippine Autonomy Act of 1916, who were deemed citizens?
Those who, as of APRIL 11, 1899, was:
- a subject of Spain on said date
- residing in the Philippines on said date
- Not a citizen of some other country on said date.
Which Constitution established the principle of Jus sanguinis?
It first appeared in the 1935 Constitution.
It conferred citizenship by virtue of blood relationship, and was subsequently retained in the 1973 and 1987 Constitution.
T or F
Under the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother and an alien father followed the citizenship of the alien father, unless, upon reaching the age of majority, the child elected PH citizenship
True. (Republic v Sagun, Tecson v Comelec)
T or F
Under the 1935 Constitution, illegitimate/legitimate children follow the citizenship of their father.
False, only legitimate children can follow the citizenship of the father.
T or F
Under the 1935 Constitution, illegitimate children under the parental authority of the mother follow her nationality and not that of the father.
True.
How is election of PH citizenship made?
CA 625 (An Act Providing the Manner in which the Option to Elect Philippine Citizenship shall be declared by a person whose mother is a Filipino Citizen) is followed.
T or F
The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children.
True. Those illegitimate children follow the citizenship of the mother(Filipina).
What are the statutory formalities of electing Philippine Citizenship?
- statement of election under oath
- oath of allegiance to the constitution and government
- registration of the statement of election and of the oath with the nearest civil registry.
T or F
No election of Philippine Citizenship shall be accepted for registration under CA 625 unless the party exercising the right of election has complied with the requirements if the Alien Registration Act of 1950, In other words, HE SHOULD REGISTER FIRST AS AN ALIEN.
True
T or F
The person electing PH Citizenship is REQUIRED TO FILE A PETITION WITH THE BUREAU OF IMMIGRATION for the cancellation of his alien certificate of registration.
True
T or F
After the cancellation of the alien certificate of registration, the same is elevated to the NBI.
False, DOJ.
What time period is followed under the 1935 Constitution, referring to the election of PH citizenship upon reaching the age of majority?
Age of majority refers to 21 years old, but is reduced NOW TO 18 YEARS OLD.
IT MUST BE DONE WITHIN A REASONABLE TIME AFTER ATTAINING THE AGE OF MAJORITY, which is interpreted as WITHIN 3 YEARS FROM REACHING THE AGE OF MAJORITY. (Republic vs Sagun)
T or F
Repatriated citizens is another category of citizen classification.
False, only natural born and naturalized.
Who are natural born citizens?
Art 4 Sec 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. Also, those who elect Philippine citizenship when born before January 17, 1973 of Filipino mothers upon reaching the age of majority.
What does “from birth” mean?
It means AT THE TIME OF BIRTH: A person who at the time of his birth is a citizen of a particular country, is a natural citizen thereof.
What does “having to perform any act” mean?
It means that THE ACT MUST BE PERSONALLY DONE BY THE CITIZEN.
What are the rules on foundlings in relation to their citizenship?
The presumption that all foundlings found in the Philippines are born at least either to a Filipino father or mother (AND ARE THUS NATURAL-BORN, UNLESS THERE IS SUBSTANTIAL PROOF OTHERWISE) arises when one reads the Constitution as a whole, so as to effectuate its whole purpose.