ch 5: citizenship Flashcards by Keith P

Citizenship is what article in the Philippine constitution?

Philippine Constitution
Article IV

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denotes membership of a permanent character in a political community.

Citizenship

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Citizenship denotes membership of a ________________ character in a ______________ community. A citizen of a state is one who owes _________________ to it and is correspondingly entitled to its ________________

Citizenship denotes membership of a permanent character in a political community. A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its protection

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who are citizens of the Philippines?

(enumerate)

(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.

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is one who owes allegiance to it and is correspondingly entitled to its protection

A citizen of a state

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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.

(what section?)

SECTION 1

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Those born before ____________________, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

January 17, 1973

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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. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

(what section?)

SECTION 2

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Philippine citizenship may be lost or reacquired in the manner provided by law.

(what section?)

SECTION 3

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Philippine citizenship may be ________ or ________________ in the manner provided by law.

lost or reacquired

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are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

Natural-born citizens

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Those who elect Philippine citizenship in accordance with ____________________________ hereof shall be deemed natural-born citizens.

paragraph (3), Section 1

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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.

(what section?)

SECTION 4

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Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

(what section?)

SECTION 5

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Citizens of the Philippines who marry aliens shall? unless?

retain their citizenship, unless:
- by their act or
- omission they are deemed, under the law, to have renounced it.

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____________________ of citizens is inimical to the national interest and shall be dealt with by law.

Dual allegiance

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Methods of Acquiring Citizenship

(enumerate)

A. Citizenship by birth
A.1 Jus sanguinis
A.2 Jus soli
B. Citizenship by naturalization
C.(?)Naturalization
C.1 Administrative naturalization
C.2 Legislative naturalization
C.3 Judicial naturalization

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The Philippine law on citizenship adheres to the principle of?

jus sanguinis

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the principle of determining a person’s citizenship through one or both of their parents’ citizenships.

Jus sanguinis

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It means the “right of blood” and is also referred to as the principle of descent.

Jus sanguinis

Jus sanguinis means?

It means the “right of blood” and is also referred to as the principle of descent.

under this principle a child’s citizenship is determined by the place of birth.

Jus soli

refers to an act whereby person acquires a citizenship different from that person’s citizenship at birth

Naturalization

As foreigners, they do not enjoy the political and civil rights of a Filipino citizen.

under certain provisions of Article XII of the 1987 Constitution on National Economy and Patrimony

*Foreigners* under certain provisions of Article XII of the 1978 Constitution on National Economy and Patrimony *cannot own land or invest in stock equity of corporations engaged in certain nationalized economic activities.* ## Footnote (true or false)

false ## Footnote (1987)

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***.

Naturalization

Under current and existing laws, there are three ways by which an **alien** may become a citizen by naturalization ## Footnote (enumerate)

**(a)** administrative naturalization pursuant to Republic Act No. 9139; **(b)** judicial naturalization pursuant to Commonwealth Act. No. 473, as amended, and **(c)** legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien.

is provided for under ***Republic Act 9139***, otherwise known as?

Administrative naturalization aka “The Administrative Naturalization Law of 2000”.

Administrative naturalization is provided for under?

***Republic Act 9139*** aka “The Administrative Naturalization Law of 2000”.

The applicant must be a foreigner who was born, who studied and has resided in the Philippines since birth and must be at least 18 years old at the time of filing the petition.

Administrative naturalization

# (read) - The application process is commenced by filing a verified petition with the **Office of the Special Committee on Naturalization (SCN) at the Office of the Solicitor General.** - The petition is then published **once a week for three consecutive weeks** in a newspaper of general circulation. - The petition will be furnished to pertinent government agencies like the Department of Foreign Affairs (DFA), the Bureau of Immigration (BI), the National Bureau of Investigation (NBI) ***for clearance and lack of derogatory record on the petitioner***. - The SCN, who has the power to approve or deny the petition is composed of the (1) Solicitor General as Chairman, (2) the Secretary of Foreign Affairs or his duly authorized representative and (3) the National Security Adviser as members. ## Footnote Administrative naturalization

who has the power to approve or deny the petition

Office of the Special Committee on Naturalization (SCN)

The SCN is composed of the? ## Footnote (enumerate)

(1) Solicitor General as Chairman, (2) the Secretary of Foreign Affairs or his duly authorized representative and (3) the National Security Adviser as members.

If a foreigner made a ***significant contribution to the public life in the Philippines***, he or she may apply to become naturalized citizen of the Philippines through?

legislative naturalization

is done through ***an act of Congress*** which is composed of the **House of the Representatives** and the **Senate of the Philippines.**

legislative naturalization

legislative naturalization is done through?

an act of Congress

In the case of legislative naturalization, Filipino citizenship may be acquired by very specific foreigner who has made the said significant contribution as mentioned above when a naturalization bill has been filed by any member or the House of the Representatives or the Senate of the Philippines ## Footnote (true or false?)

false ## Footnote any interested foreigner

# (read) Thus, the legislative naturalization has to undergo the requirement of **three readings** on **separate days** in the **house of Congress** where it originates. In other words, if the naturalization bill was filed or sponsored by a member of the House of Representatives, is has to pass the three readings on separate days in the House of the Representatives. Same goes should the bill was file or originated from the Senate of the Philippines. ## Footnote legislative naturalization

has to undergo the requirement of **three readings** on **separate day** in the?

the legislative naturalization in the house of Congress

# (read) If the naturalization bill successfully passed the said three readings and was subsequently approved by an affirmative vote of the majority of the members present, said naturalization bill will be transmitted to the other house of Congress which is the Senate of the Philippines (or to the House of Representatives as the case may be) for the same legislative process, that is three readings on separate days. ## Footnote legislative naturalization

is governed by Commonwealth Act 473, otherwise known as the “Revised Naturalization Law” as amended.

Judicial naturalization

# (read) Should there be no problem between the versions of the naturalization bill from the two houses, copies of the bill will be transmitted to the **President of the Philippines** for his **signature and approval.** T***hereafter, the bill now becomes a law***. The foreigner applicant is now considered a naturalized Filipino citizen who is to enjoy same rights and responsibilities of a fellow Filipino citizen after the publication of the naturalization law, **oath taking** and the issuance of a Certificate of Naturalization by the Bureau of Immigration. ## Footnote legislative naturalization

in legislative naturalization, what happens after the publication of the naturalization law?

**oath taking** and the **issuance of a Certificate of Naturalization** by the *Bureau of Immigration.*

may be filed by a foreigner applicant in the Regional Trial Court where he has resided **for at least one year** before the filing of his petition.

Judicial naturalization

Judicial naturalization is governed by?

***Commonwealth Act 473***, otherwise known as the “Revised Naturalization Law” as amended

Judicial naturalization may be filed by a foreigner applicant in the?

Regional Trial Court ## Footnote (where he has resided for at least one year before the filing of his petition.)

What are the qualifications for judicial naturalization?

The law says: ***Any person having the following qualifications may become a citizen of the Philippines by naturalization:*** 1. He must be at least **21 years of age at the date of hearing**; 2. He must have **resided** in the Philippines for a **continuous period** of **not less than 10 years**; 3. He 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 in relation with the constituted government as well as with the community in which he is living; 4. He must **own a real estate** in the Philippines or must have some known *lucrative trade, profession, or lawful occupation;* 5. He must be able to ***speak and write English or Spanish*** and any of the *principal Philippine languages*; and 6. He must have *enrolled his minor children in schools where Philippine history, government and civics are part of the curriculum* 7. However, the requirement of ten (10) years of continuous residence as mentioned above ***may be reduced to five (5) years*** for any applicant or petitioner having any of the following qualifications: - Having honorably held office under the Government of the Philippines; - Having established a new industry or introduced a useful invention in the Philippines; - Being married to a Filipino woman; - Having been engaged as a teacher in the Philippines in a public or recognized private school for not less than two (2) years. Take note that the school must not have been established for the exclusive instruction of children of persons of a particular nationality or race; - Having been born in the Philippines. - In addition, the applicant must, one year prior to the filing of the petition before the court, file a Notice of Intent to acquire Philippine Citizenship with the Office of the Solicitor General. Said Notice of Intent may be dispensed with, if the applicant was born or studied his primary and secondary education in the country or resided in the Philippines continuously for thirty (30) years.

Duties and Obligation of a Citizen ## Footnote (enumerate)

1. To be loyal to the Republic 2. To defend the State. 3. To contribute to the development and welfare of the State. 4. To uphold the constitution and obey the laws. 5. To cooperate with the duly constituted authorities. 6. To exercise rights responsibly and with due regard for the rights of others. 7. To engage in gainful work 8. To register and vote.