ARTICLE 4. CITIZENSHIP
Section 1. The following are citizens of the Philippines:
Those who are citizens of the Philippines at the time of the adoption of this Constitution;
Those whose fathers or mothers are citizens of the Philippines;
Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
Those who are naturalized in accordance with law.
Citizenship, Defined
a term of municipal law and denotes the possession within the particular state of full civil and political rights, subject to special disqualifications such as minority, sex, etc. (Roa v. Collector of Customs, 23 Phil 332)
Modes of Acquiring Citizenship
Involuntary Method – by birth
Jus sanguini
by blood relationship
children follow the citizenship of the parents or one of them
predominating principle in the Philippines
Jus soli or jus loci
by place of birth
a person becomes a citizen of a state where he is born irrespective of the citizenship of the parents
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. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Voluntary Method – by naturalization
Exception: In case of collective naturalization of the inhabitants of a territory which takes place when it is ceded by one state to another as a result of conquest or treaty
Kinds of Citizens
Natural-born
Naturalized
Citizens of the Philippines
Citizens at the time of the adoption of the Constitution
Citizens by blood relationship
Citizens through election under the 1935 Constitution
Citizens by naturalization
Naturalization
The act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.
Implies the renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Loss of Citizenship
Voluntarily - expatriation
By naturalization in a foreign country (RA 9225);
By express renunciation of citizenship;
By subscribing to an oath of allegiance to support the constitution and laws of a foreign country; and
By rendering service to, or accepting commission in the armed forces of a foreign country
Involuntarily
By cancellation of his certificate of naturalization by the court; and
By having been declared by a competent authority, a deserter in the Philippine armed forces in time of war
* In btime of war, a Filipino citizen cannot expatriate himself.
Reacquisition of Citizenship
By naturalization, provided the applicant possesses none of the disqualifications provided in the naturalization law;
By repatriation of deserters of the Philippine armed forces and women who lost their citizenship by reason of marriage to an alien, after the termination of their marital status; and
By direct act of the Congress of the Philippines
Repatriation
Effected by merely taking the necessary path of allegiance to the Republic of the Philippines and registering the same in the proper civil registry.
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.
Effect of Marriage of Citizen to an Alien
A citizen who marries an alien does not lose his/her Philippine citizenship even if by the laws of his/her wife's/husband's country, he/she acquires her/his nationality.
Exception: renunciation by subscribing to an oath of allegiance to support the constitution and the laws of a foreign country.
Thus, a Filipino woman, who upon marriage to an alien acquires his citizenship, will possess two citizenships – Philippine citizenship and that of her husband.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
Dual Allegiance of Citizens
continued allegiance of naturalized nationals to their mother country even after they have acquired Filipino citizenship
prohibited
declared inimical to national interest, and Congress is required that it be dealt with by law
Dual Citizenship
Possession of two citizenships by and individual, that of his original citizenship and that of the country he became a naturalized citizen
not prohibited
arises because our laws cannot control laws of other countries on citizenship
not per se objectionable, but such status may be regulated or restricted by law where it is conducive or could lead to dual allegiance
In the case of public officers and employees, whether elective or appointive, dual citizenship may be constitutionally prohibited by law for as public servants, they are required to serve the people "with utmost xxx loyalty" and "act with patriotism" in the performance of their duties and functions. (Art. 11, Sec. 1)
ARTICLE 5. 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. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
Suffrage, Defined
right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people
a voice given not only in the choice of a man for an office or trust, but, also, in deciding a controverted question (Javellana v. Secretary Executive, 50 SCRA 103)
Scope of Suffrage
Election
Plebiscite
Referendum
Initiative
Recall
Qualifications
a citizen (male or female) of the Philippines;
not otherwise disqualified by law
at least 18 years of age; and
have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote for at least 6 months preceding the election
Persons Disqualified to Vote
Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five years after the service of sentence.
Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five years after service of sentence; and
Insane or incompetent persons as declared by competent authority.
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. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.
