Phillipine Constitution Essay

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 from January 17, 1973, of Filipino mothers, who elect Philippines citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law. Meaning of Citizenship and Citizen. Citizenship is a term denoting membership of the citizen in a political society, which membership implies, reciprocally, a duty of allegiance on the part of the member and duty of protection on the state.

Citizen is a person having the title of citizenship. He is 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. Along with other citizens, they compose the political community. To be a Filipino citizen, a person must belong to any of the classes of citizens enumerated in Section 1. Distinguished from nationality and nationals. From the point of view of international law, the terms “citizenship” and “citizen” do not exactly mean the same as “national. ”

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The later terms have a broader meaning, embracing all who owe allegiance to a state, whether democratic or not, without thereby becoming citizens. Thus, prior to the granting of Philippine independence by the United States on July 4, 1946, the Filipinos were deemed American nationals because they owed allegiance to the United States but were not citizens thereof. Meaning of subject and alien. A citizen is a number of a democratic community who enjoys full civil and political rights. In a monarchial state, he is often called subject. While, an alien is a citizen of a country who is residing in or passing through another country.

Two general ways of acquiring citizenship. • Involuntary method – by birth, because of blood relationships or place of birth. • Voluntary method – by naturalization, except 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. Citizens by birth: 1. Jus sanguinis – blood relationship is the basis for the acquisition of citizenship under this rule. The children follow the citizenship of their parents. This is the predominating principle in the Philippines. 2.

Jus soli or jus loci – place of birth serves as the basis for acquiring citizenship under this rule. a person becomes a citizen of the state where he is born irrespective of the citizenship of the parents. Citizens through election under the 1935 Constitution Under the 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. Prior to such election, he has an inchoate right to Filipino citizenship. If he born after the ratification of the 1973 constitution on January 17, 1973, he is a citizen under section 1. n illegitimate child follows the citizenship of his legally known parent, the mother. Hence, there is also no need to elect Philippine citizenship. Citizens by naturalizations In the contemplation of the constitution, even those who are not Filipino citizen at birth and who cannot take advantage of the right given to the children of Filipino mothers, may become citizens by naturalization. In other words, citizenship may not be based on the principle of jus sanguinis. Naturalizations are the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.

Nature of naturalization An alien does not have a natural, inherent or vested right to be admitted to citizenship in a state. Citizenship is a matter of grace, favor or privilege, which a sovereign government may confer on, or withhold from, an alien or grant to him under such conditions as it sees fit without the support of any reasons whatsoever. In view of the above principles, the rule is that in case of doubt concerning the grant citizenship, such doubt should be resolved in favor of the state and against the applicant for naturalization. Ways of acquiring citizenship by naturalization: . ) By judgment of the court – the foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional Trial Court. He must have all the qualifications and none of the disqualifications provided by law. 2. ) By direct act of congress – in this case our law making body simply enacts an act directly conferring citizenship on a foreigner. 3) By administrative proceedings – under R. A. NO. 9139 (Jan 8, 2001) “known as “the administrative naturalization law 2000” aliens born & residing in the Philippines may n] be granted Philippine citizenship by dministrative proceedings before a special committee on naturalization, subject to certain requirements dictated by national security and interest.

SECTION 2. Naturalization 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. KINDS OF CITIZENS UNDER CONSTITITION: 1. ) NATURAL BORN CITIZENS (a) Who now of their birth are already citizens of the Philippines? b) Do not have to perform any act to acquire his Philippine citizenship. So a child born of Filipino parents, after the ratification of the 1973 constitution on January 17, 1973, is natural born citizens.

2. ) CITIZENS AT THE TIME OF THE ADOPTION OF THE NEW CONSTITUTION – refer to those who are considered citizens of the Philippines under the 1973 constitution at the time of their adoption of the new Constitution. 3. ) CITIZENS THROUGH ELECTION – hey refer to those born of Filipino mothers before January 17, 1973 who, upon reaching the age of majority, elect the Philippine citizenship after the ratification of the 1973 constitution. . ) NATURALIZE CITIZENSHIP – they refer to those who were originally citizens of other country, but who, by an intervening act have acquired new citizenship in other country. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by the law LOST OF CITIZENSHIP: 1. ) VOLUNTARY • By naturalization • By express renunciation of citizenship

• By subscribing to an oath of allegiance to support the constitution and laws of a foreign country. • Accepting commission in the armed forces of a foreign country. 2. ) INVOLUNTARY By cancellation of his certificate of naturalization by the court • By having been declared by competent authority. EXPATRIATION – the voluntary loss or renunciation of one’s nationality. REAQUISITION OF LOST PHILIPPINE CITIZENSHIP: 1. ) By naturalization, provide by the applicant possesses none of the disqualification provided in the naturalization law. 2. ) By repatriation of deserters of the Philippine armed forces and woman who lost their citizenship by reason of marriage to an alien, after the termination of their marital status. . ) By direct act of the congress of the Philippines. REPATRIATION – is affected by merely taking the necessary oath 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 of the Philippines who marries an alien does not lose his/her Philippine citizenship.

The exception is where by their cut on omission they are deemed, under the law to have renounced their citizenship subscribing to an oath of allegiance to support the constitution and the laws of a foreign country. Section 5. Dual allegiance of citizen is inimical to the national interest and shall be dealt with by law. DUAL ALLEGIANCE OF CITICENS: Dual citizenship, on the other hand refers to the possession of two citizenships by an individual, that of his original citizenship and that of the country where he became a naturalized citizenship.

Note: what section 5 prohibits is not dual citizen but dual allegiance of citizens. Dual citizenship arises because our laws cannot control laws of other countries on citizenship. While it is not per se objectionable, the status of dual citizenship may be regulated or restricted by law where it is conductive or could lead to dual allegiance. RETENTION AND REACQUISITION OF CITIZENSHIP: Filipinos abroad may now acquire dual citizenship. R. A. NO. 9225, the: citizenship retention and reacquisition Act of 2003” (approved august 29, 2003. , declares it the policy of the state that all Philippine citizens who become citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of the act.

1. ) Retention of Philippine citizenship – any provision of law to the contrary not with standing, natural born citizens of the Philippines who have lost their Philippine citizenship by the reason of their naturalization as citizens of a foreign country are deemed to have reacquired Philippine citizenship upon taking the following oath of allegiance to the republic. 2. ) Derivative citizenship. the unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who re-acquire Philippine citizenship upon affectivity of the act shall be deemed citizens of the Philippines. 3. ) Civil and political rights and liabilities. – those who retain or reacquire Philippine citizenship under the A ct shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: • Those intending to exercise their right of suffrage must meet the requirements under section 1, Article of the constitution, R. A.

No 9189, otherwise known as the “the overseas absentee voting act of 2003,” and other existing laws; • Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; • Those appointed to any public office shall subscribe and swear to an oath of allegiance to the ROTP and its duly constituted authorities prior to their assumption of office.

They must enounce their oath of allegiance to the foreign country where they took that oath; • Those intending to practice their profession in the Philippines shall apply with the p[roper authority for a license or permit to engage in such practice • The right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (1) Are candidates for or are occupying any public office in the country of which they are naturalized citizens; (2) Are in active service as commissioned or non-commissioned officers in the armed forces of the country of which they are naturalized citizens.

Conversely, the enjoyment of rights becomes ample and real to the degree that the citizens willingly carry out their obligations. DUTIES AND OBLIGATIONS OF CITIZENS • To be loyal to the republic • To defend the state • To contribute to the development and welfare of the state • To uphold the constitution and obey the laws • To cooperate with duly constituted authorities. • To exercise rights responsibility and with due regard for the rights of other. • To engage in gainful work • To register and vote ARTICLE XV THE FAMILY And ARTICLE IV CITIZENSHIP SECTION 1.

The state recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and activity promotes its total development. The Filipino family, the foundation of the nation. The family is the foundation of the nation for latter cannot exist without the former although the former can live without the latter. The state has the duty, therefore. To promote family unity and its total development, to protect and support the family all the times for the common good. All laws that may affect the family must aim to strengthen it.

Although the responsibility to keep the family together lies in the hands of the family itself, particularly the parents, and the state has the obligation to actively promote the strengthening of the family for the sake of the state as well. IMPORTANCE OF THE FAMILY The family or the home is the child’s first school. There he learned not only to talk and to count but formed good habits of work. It is in the family that we first learned such civic virtues as respect for authority and for the rights of others, obedience, helpfulness, honesty, and unselfishness. Our whole character has, in fact, been greatly influenced by our home environment.

Truly, many of the problems in our society today can be traced to the weakening of the family as the basic social unit. Thus, the good society is best achieved through the good of its nucleus – the family Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the state. MARRIAGE, AN INVIOLABLE SOCIAL INSTITUTION The family is brought into existence by marriage. The act or state of marriage is the permanent union of one man and woman with rights and obligations which are determined or governed by law and not subject to private agreements between the spouses.

Marriage is not a purely human affair but a sacred institution in the maintenance of which the public is deeply interested, for it is the foundation of the family and society. Hence, the constitutional policy that marriage shall be protected by the state. As the saying goes. “A happy marriage and a happy family lead to a happy nation” Section 3. The state shall defend: (1) The right of spouses to found a family in accordance with their religious convictions and the demand of responsible parenthood; (2) the right of children to assistance, including proper care and nutrition, and pecial protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; (4) The right of the families or family associations to participate in the planning and implementation of policies and programs that affect them. DUTY OF THE STATE TO DEFEND FAMILY RIGHTS. The state has the duty to defend the respective rights of the spouses, children, of the family, and of families or family associations stated in section 3. Again, the purpose is to strengthen the family as the foundation of the nation and to protect the marriage institution as the foundation of the family.

Responsible parenthood, as used in No. (1) Of section 3, means that parents should have a strong sense of responsibility in planning for children. They should not have more children than they could decently support and educate. Section 4. The family has the duty to care for its elderly members, but the state may also do so through just programs of social security. CARE FOR ELDERLY MEMBER 1) By members of the family, – members of the same family have the duty to take care of one another particularly the sick and the dependent. In Filipino culture, the elderly members of the family are taken care of and not placed in an institution, as this would be thought of as an act of disrespect or ingratitude. Indeed, one of the more praise worthy Filipino values is devotion to family ties. (2) By the state – however, financial reasons or absence of relatives may not permit the fulfillment of this duty to care for the elderly members of the family.

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