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CONSTITUTIONAL LAW 1 THEORY > ARTICLE IV - CITIZENSHIP > Flashcards

ARTICLE IV - CITIZENSHIP Flashcards

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1
Q

What is citizenship?

A

“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.

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2
Q

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.

A

True.

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3
Q

What are the modes of acquiring citizenship? Define each

A
  1. Jus sanguinis (Right of Blood) - based on blood relationship (Followed by the PH)
  2. Jus soli (Right of the soil) - based on place of birth
  3. Naturalization - legal act of adopting an alien and clothing him with the privilege of a native-born citizen.
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4
Q

What are the methods of acquiring citizenship in the Philippines?

A
  1. By birth (Natural-born PH citizen)

2. By naturalization (Naturalized PH citizen)

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5
Q

T or F

Under the Spanish rule, the native inhabitants of the Philippines were referred to as Spanish subjects, and not citizens

A

True

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6
Q

When did the term “citizens of the Philippines” first appear and under what law?

A

The term “citizens of the Philippines” first appeared in legislation of the Philippine Organic Act aka Philippine Bill of 1902.

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7
Q

Briefly explain the content of the Philippine Bill of 1902 in relation to citizenship.

A

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:

  1. Native born
  2. inhabitant who was a native of peninsular Spain
  3. Inhabitant who obtained Spanish papers on or before April 11, 1899
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8
Q

Under the Jones Law, or the Philippine Autonomy Act of 1916, who were deemed citizens?

A

Those who, as of APRIL 11, 1899, was:

  1. a subject of Spain on said date
  2. residing in the Philippines on said date
  3. Not a citizen of some other country on said date.
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9
Q

Which Constitution established the principle of Jus sanguinis?

A

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.

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10
Q

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

A

True. (Republic v Sagun, Tecson v Comelec)

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11
Q

T or F

Under the 1935 Constitution, illegitimate/legitimate children follow the citizenship of their father.

A

False, only legitimate children can follow the citizenship of the father.

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12
Q

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.

A

True.

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13
Q

How is election of PH citizenship made?

A

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.

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14
Q

T or F

The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children.

A

True. Those illegitimate children follow the citizenship of the mother(Filipina).

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15
Q

What are the statutory formalities of electing Philippine Citizenship?

A
  1. statement of election under oath
  2. oath of allegiance to the constitution and government
  3. registration of the statement of election and of the oath with the nearest civil registry.
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16
Q

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.

A

True

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17
Q

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.

A

True

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18
Q

T or F

After the cancellation of the alien certificate of registration, the same is elevated to the NBI.

A

False, DOJ.

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19
Q

What time period is followed under the 1935 Constitution, referring to the election of PH citizenship upon reaching the age of majority?

A

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)

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20
Q

T or F

Repatriated citizens is another category of citizen classification.

A

False, only natural born and naturalized.

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21
Q

Who are natural born citizens?

A

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.

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22
Q

What does “from birth” mean?

A

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.

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23
Q

What does “having to perform any act” mean?

A

It means that THE ACT MUST BE PERSONALLY DONE BY THE CITIZEN.

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24
Q

What are the rules on foundlings in relation to their citizenship?

A

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.

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25
Q

T or F

Under the 1935 Constitution, an illegitimate child need not elect citizenship upon reaching the age of majority.

A

True.

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26
Q

What is naturalization?

A

Naturalization is the admission to citizenship conferred to by the Republic of the Philippines.

It is a privilege that should not be conferred except upon persons fully qualified for it and upon strict compliance with the law.

It refers to the legal act of adopting an alien and clothing him with the privilege of a native-born citizen.

It signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen.

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27
Q

T or F
Naturalization laws should be rigidly enforced and strictly construed in favor of the government and against the applicant.

A

True.

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28
Q

Who has the burden of proof in naturalization proceedings?

A

The applicant has the burden to prove full and complete compliance with the requirements of the law.

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29
Q

Who are naturalized citizens?

A

Former aliens/foreigners who underwent a rigid procedure to prove they possess all the qualifications and none of the disqualifications provided by law in order to become PH citizens.

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30
Q

What are the modes of naturalization under current laws?

A
  1. Administrative naturalization (RA 9139)
  2. Judicial naturalization (CA 473)
  3. Legislative naturalization (law enacted by Congress bestowing PH citizenship)
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31
Q

What is derivative naturalization?

A

It is a mode of naturalization available only to alien women married to PH husbands and is found under Sec 15 of CA 473

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32
Q

T or F
Under the Derivative Naturalization, foreign women who are married to Filipinos may be deemed ipso facto Philippine citizens and it is neither necessary for them to prove that they possess other qualifications for naturalization at the time of their marriage nor do they have to submit themselves to judicial naturalization.

A

True.

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33
Q

T or F
An alien woman married to an alien who subsequently becomes naturalized follows the Philippine citizenship of her husband the moment he takes his oath as a Filipino citizen, provided she does not suffer from any of the disqualifications provided by law.

A

True.

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34
Q

Judicial Naturalization is provided for in what law?

A

Commonwealth Act 473

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35
Q

How many witnesses are needed in judicial naturalization?

A

2 character witnesses to support allegations

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36
Q 
T or F
CA 473 covers all aliens regardless of class while RA 9139 covers native born aliens who lived in the PH all their lives.
A

True.

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37
Q

What are the qualifications to become a citizen under CA 473?

A
  1. Must not be less than 18YO ON THE DAY OF THE HEARING OF THE PETITION
  2. Must have resided in the PH for a CONTINUOUS PERIOD OF NOT LESS THAN 10 YEARS
  3. Must be of GOOD MORAL CHARACTER and believes in the principles underlying the Philippine Constitution and must have conducted himself in a PROPER AND IRREPROACHABLE MANNER during THE ENTIRE PERIOD OF HIS RESIDENCE IN THE PHILIPPINES
  4. MUST OWN REAL ESTATE WORTH NOT LESS THAN 5000PHP or must have some known LUCRATIVE TRADE, PROFESSION OR LAWFUL OCCUPATION
  5. Be able to SPEAK AND WRITE ENGLISH OR SPANISH and ANY ONE OF THE PRINCIPAL PHILIPPINE LANGUAGES.
  6. Must have ENROLLED HIS MINOR CHILDREN in any school recognized by DEPED where PH history, government, and civics are taught or prescribed as part of the school curriculum during the entire period of the residence in the PH required of him prior to the hearing of his petition for naturalization
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38
Q

T or F

The income of the spouse of the applicant for naturalization is also taken into consideration.

A

False, the spouse’s income is immaterial.

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39
Q

T or F
The economic qualification’s purpose is to ensure that the applicant would not become a public charge or economic burden upon society. It looks at the probable future of the applicant.

A

True.

40
Q

T or F

The 10 years of continuous residence may be shortened to 7 years if certain qualifications are met.

A

False, 5 years.

41
Q

What qualifications will shorten the 10 year continuous residence requirement to 5 years?

A
  1. Having HONORABLY HELD OFFICE under the government or under that of any of the province, city, municipality, etc
  2. Having established a new industry or introduced a useful invention in the PH
  3. Being MARRIED TO A FILIPINA WOMAN
  4. ENGAGED AS A TEACHER in the PH in a public or private school NOT established for exclusive instruction for a period of NOT LESS THAN 2 YEARS.
  5. HAVING BEEN BORN IN THE PHILIPPINES
42
Q

Who are disqualified from applying under CA 473?

A
  1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government
  2. Persons defending or teaching the necessity or propriety of violence, personal assault or assassination for the success and predominance of their ideas
  3. Polygamists or believers in the practice of polygamy
  4. Persons convicted of crimes involving moral turpitude
  5. Persons suffering from mental alienation or incurable contagious diseases
  6. Persons who DURING THE PERIOD OF THEIR RESIDENCY HAVE NOT MINGLED SOCIALLY WITH THE FILIPINOS or have NOT EVINCED A SINCERE DESIRE to learn and embrace the customs, traditions and ideals of the Filipinos
  7. Citizens or subject of nations with whom the US and the PH are at war during the period of such war
  8. Citizens or subjects of a foreign country other than the US whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof (reciprocity)
43
Q

When and where should the declaration of intention to be naturalized under CA 473 be filed?

A

1 year prior to the filing of the petition for admission of PH citizenship, the applicant shall file with the OSG a DECLARATION UNDER OATH that it is his BONA FIDE INTENTION TO BECOME A PH CITIZEN.

44
Q

What is the certificate of arrival?

A

It is a requirement under CA 473, and it proves that the applicant’s entry was not illegal and that HE WAS A DOCUMENTED ALIEN

45
Q

What is the rationale behind the one year prior to the filing of petition under CA 473?

A

To give the government ample time to screen and examine the qualifications of the applicant and to measure his good intention and sincerity

46
Q

T or F
Persons who have resided continuously in the Philippines for a period of 20 years or more before the filing of their application may be naturalized without having to make a declaration of intention upon complying with the other requirements of CA 473.

A

False, 30 years.

47
Q

T or F

The petition for citizenship under CA 473 shall be filed in duplicate and accompanied by 3 photographs.

A

False, triplicate and accompanied by 2 photographs.

48
Q

Where should the petition for naturalization be heard?

A

RTC of the province in which petitioner has resided at least one year immediately preceding the filing of the petition

49
Q

T or F
Immediately upon filing the petition, it shall be the duty of the clerk of court to publish the same at the petitioner’s expense once a week for three consecutive weeks, in the Official Gazette, and in one of the newspapers of general circulation in the province where the petitioner resides, and to have copies of said petition and a general notice of the hearing posted in a public and conspicuous place in his office.

A

True.

50
Q

T or F

Failure to state details required under CA 473 constitutes a fatal defect.

A

True.

51
Q

When shall the decision granting the application for naturalization be executory?

A

2 years from its promulgation.

52
Q

When shall the petition for application be heard by the courts?

A

6 months after the publication requirement

53
Q

T or F
A woman married to a person naturalized under CA 473, and who might herself be naturalized shall be deemed a citizen of the PH.

A

True

54
Q

T or F

Minor children of a person naturalized under CA 473 born outside of the PH shall be considered citizens.

A

False. Minor children of a person naturalized under CA 473 who have been born in the PH shall be considered citizens.

55
Q

T or F
Minor children of a person naturalized under CA 473 born outside of the PH but dwelling in the PH during the naturalization process shall automatically be considered citizens.

A

True

56
Q

T or F
Minor children of a person naturalized under CA 473 born outside of the PH and not dwelling in the PH during the naturalization process shall automatically be considered citizens.

A

False. He shall only be deemed a citizen during his minority unless he begins to reside permanently in the PH while still a minor, in which case he shall continue to be a citizen even after becoming of age.

57
Q

T or F
A child born outside of the PH after the naturalization of the parent shall be considered a citizen, unless within one year after reaching the age of majority, he fails to register himself as a PH citizen at the country where he resides and to take the oath of allegiance.

A

True.

58
Q

What are the instances wherein the naturalization under CA 473 may be cancelled?

A
  1. If it is shown that the naturalization certificate was obtained fraudulently or illegally
  2. If the naturalized person shall within 5 years next following the issuance of said naturalization certificate, RETURN TO HIS NATIVE COUNTRY to establish his permanent resident there provided that the fact of the naturalized person remaining for more than 1 year in his native country OR 2 years in another foreign country SHALL BE CONSIDERED PRIMA FACIE EVIDENCE of his intention of taking up permanent residence
  3. If the petition was made on an invalid declaration of intention
  4. If the minor children failed to graduate from a school recognized by the DepEd through the fault of the parents either by neglect of support or transferring them to another school.
  5. If it is shown that the naturalized citizen has allowed himself to be used as a dummy requiring PH citizenship as a requisite for the exercise/use/enjoyment of a right/franchise/privilege.
59
Q

What is RA 9139? When was it passed?

A

RA 9139 is The Administrative Naturalization Law of 2000

It was enacted as a remedial measure intended to make the process of acquiring PH citizenship less tedious, less technical and more encouraging.

60
Q

Who can become naturalized citizens under RA 9139?

A

Only native-born aliens who lived in the PH all their lives, who never saw any other country and all along thought that they were Filipinos. Those who have demonstrated love and loyalty to the PH and affinity to the customs and traditions.

IT APPLIES ONLY TO ALIENS WHO WERE BORN IN THE PHILIPPINES AND HAVE BEEN RESIDING HERE SINCE BIRTH.

61
Q

Who has jurisdiction when it comes to the application for naturalization under RA 9139?

A

The SPECIAL COMMITTEE ON NATURALIZATION, composed of:

  1. The Solicitor General
  2. Secretary of Foreign Affairs
  3. National Security Adviser

The above has the power to approve, deny, or reject applications for naturalization under RA 9139.

62
Q

What are the qualifications to be naturalized under RA 9139?

A
  1. Must be born in the PH and residing since birth
  2. Applicant must not be less than 18YO AT THE TIME OF FILING OF PETITION
  3. Applicant must be of good moral character, and conducted himself in a proper and irreproachable manner during his entire period in the PH.
  4. Received primary and secondary education in a school recognized by the DepEd.
  5. Must have a known trade/business/lawful profession/occupation
  6. Must be able to read/write/speak Filipino
  7. Must have mingled with Filipinos and evinced sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos
63
Q

Who are disqualified from applying under RA 9139?

A
  1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing organized government
  2. Persons defending or teaching the necessity or propriety of violence, personal assault or assassination for the success and predominance of their ideas
  3. Polygamists or believers in the practice of polygamy
  4. Persons convicted of crimes involving moral turpitude
  5. Persons suffering from mental alienation or incurable contagious diseases
  6. Persons who DURING THE PERIOD OF THEIR RESIDENCY HAVE NOT MINGLED SOCIALLY WITH THE FILIPINOS or have NOT EVINCED A SINCERE DESIRE to learn and embrace the customs, traditions and ideals of the Filipinos
  7. Citizens or subject of nations with whom the US and the PH are at war during the period of such war
  8. Citizens or subjects of a foreign country other than the US whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof (reciprocity)
64
Q

A, foreigner was born in the Philippines. He subsequently went abroad for a year, and returned to the PH. May he apply for naturalization under RA 9139?

A

No. RA 9139 applies only when an alien is born here, and has resided here since birth.

65
Q

How many days is given to the Special Committee on Naturalization to determine the sufficiency of the petition?

A

Within fifteen (15) days from the receipt of the
petition, the Committee shall determine whether the
petition is complete in form and in substance.

66
Q

What happens if the petition for naturalization under RA 9139 is found to be wanting?

A

If the petition is found by the Committee to be wanting in substance and form, the petition shall be dismissed without prejudice.

67
Q

What is legislative naturalization?

A

It is the form of a law enacted by Congress bestowing Philippine citizenship to an alien.

68
Q

What are the laws on the loss of citizenship? When is it applicable and when is there loss of citizenship?

A
  1. CA 63
    This applies to both natural-born and naturalized
    citizenship. It provides, subject to stated exception, that
    citizenship is lost by naturalization in a foreign
    country:
    a. By express renunciation of citizenship
    b. By oath of allegiance to a foreign country
    c. By rendering service in the armed forces of a
    foreign country
  2. CA 473
    This applies to naturalized citizenship. It provides that a certificate of naturalization may be canceled when:
    a. Found to have been fraudulently or illegally
    obtained
    b. By permanent residence in the country of
    origin within five years from naturalization
    c. When the petition is found to have been
    made on an invalid declaration of intent
    d. Upon failure to comply with the requirements
    for the education of minor children
    e. If the person allows himself to be a dummy
    for aliens
69
Q

How is citizenship reacquired?

A

Either through:

  1. Naturalization
  2. Repatriation
  3. Direct grant by law
70
Q

How is repatriation done?

A

Repatriation is accomplished by the taking the
oath of allegiance to the Republic and registering in the
proper Civil Registry and in the Bureau of Immigration.
Processing of applications is done by the Special Committee on Naturalization consisting of the Solicitor General as Chairman, an Undersecretary of Foreign Affairs, and the Director of the National Intelligence Coordinating Agency.

71
Q

Who can be repatriatied?

A

Under Republic Act No. 8171 only the
following may be repatriated:
1. Women who lost citizenship by marriage
2. Those who lost citizenship for political or
economic reasons

72
Q

T or F
Since repatriation is the reacquisition of lost citizenship and not the acquisition of a new citizenship, one who is repatriated regains the level of his former citizenship. If he was previously a natural-born Filipino citizen, upon repatriation he or she regains his or her natural born citizenship.

A

True.

73
Q

What is RA 9225?

A

Citizenship Retention and Reacquisition Act of 2003

74
Q

What is RA 8171?

A

An Act Providing for the Repatriation of Filipino Women who have lost their Philippine Citizenship by Marriage to Aliens and Natural-born Filipinos.

75
Q

What is Repatriation?

A

It is the recovery of one’s’ original nationality.

76
Q

T or F
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.

A

True.

77
Q

What is dual citizenship?

A

It arises when as a result of concurrent application of the different laws, of two or more states, a person is simultaneously considered a national by two states.

78
Q

What is dual allegiance?

A

It arises when a person simultaneously owes, by some positive act, loyalty to two or more states.

79
Q

What is the difference between dual citizenship and dual allegiance?

A

Dual citizenship - involuntary

Dual allegiance - result of an individual’s own volition

80
Q

T or F

Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. - Not self executing

A

True.

81
Q

T or F

RA 9225 is applied retroactively.

A

False.

82
Q

T or F
R.A. No. 9225 made natural-born Filipino’s status permanent and immutable despite naturalization as citizens of other countries.

A

True.

83
Q

T or F
Natural-born citizens who became
naturalized citizens of a foreign country after the effectivity of the said law, shall be considered as to not have lost their Philippine citizenship.

A

True.

84
Q

Abdul, Natural born Filipino, became a naturalized citizen in Iraq AFTER the imposition of RA 9225. Is he still a Filipino citizen?

A

Yes, if he RE-ACQUIRES Philippine citizenship upon taking the oath of allegiance to the Republic.

85
Q

Abdul, Natural born Filipino, became a naturalized citizen in Iraq BEFORE the imposition of RA 9225. Is he still a Filipino citizen?

A

Yes, he RETAINS Philippine citizenship upon taking the oath of allegiance to the Republic.

86
Q

T or F

A dual citizen who wants to run for public position only needs to comply with RA 9225.

A

False, there are additional requirements.

87
Q

For a dual citizen who seeks an elective position, what must he/she comply with?

A
  1. Personal and SWORN renunciation of foreign citizenship at the time of filing the certificate of candidacy
  2. Meet other qualifications under law and Constitution.
  3. Take an oath of allegiance
88
Q

T or F

Sworn renunciation is required under RA 9225 to become a citizen.

A

False.

89
Q

T or F

The Oath of allegiance is the same with the sworn renunciation of foreign citizenship.

A

False.
Oath of allegiance found in Sec 3 of RA 9225 is NOT THE SAME with the Personal and Sworn Renunciation sought under Sec 5(2) of RA 9225.

90
Q

T or F

The use of a foreign passport recants the Oath of Allegiance required to run for elective position.

A

True.

91
Q

T or F

The use of a foreign passport amounts to the repudiation or recantation of the oath of renunciation.

A

True.

92
Q

T or F
Filipino citizenship is a requirement for admission to the bar and the loss thereof terminates membership in the Philippine bar.

A

True.

93
Q

T or F
A Filipino lawyer who becomes a citizen of another country and later reacquires his PH citizenship under RA 9225 remains to be a member of the PH Bar, and automatically has the right to practice.

A

False, no automatic right to practice, he must ask permission from the PH Bar.

94
Q

What must the lawyer who reacquires PH citizenship fulfill in order to practice again?

A
  1. Update and pay in full his IBP annual dues
  2. Pay the professional tax
  3. Complete 36 credit hours of Mandatory Continuing Legal Education
  4. Retake Lawyer’s oath
95
Q

Under RA 9225, who cannot vote or be elected?

A
  1. Candidates occupying public office in the country where they are naturalized
  2. In active service as officers in the armed forces of the country where they are naturalized citizens.

CONSTITUTIONAL LAW 1 THEORY (16 decks)

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