Download - Report on Citizenship
-
7/27/2019 Report on Citizenship
1/43
-
7/27/2019 Report on Citizenship
2/43
CITIZENSHIP
CITIZENSHIP
-
7/27/2019 Report on Citizenship
3/43
CITIZENSHIP
CITIZENSHIP Chapter 22
CITIZENSHIPis membership in a political
community with all its affiliated rights and
responsibilities.
-
7/27/2019 Report on Citizenship
4/43
CITIZENSHIPEXCLUSIVE RIGHTS of a FILIPINO CITIZEN
CITIZENSHIP
-
7/27/2019 Report on Citizenship
5/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
6/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
7/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
8/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
9/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
10/43
CITIZENSHIP
CITIZENSHIP EXCLUSIVE RIGHTS of a FILIPINO CITIZEN
Right to Vote
Right to Run for Public OfficeRight to Exploit Natural Resources
Right to Operate Public Utilities
Right to Administer Educational Institutions
Right to Manage the Mass Media
-
7/27/2019 Report on Citizenship
11/43
CITIZENSHIPCOMMON METHODS OF ACQUISITION
CITIZENSHIP
By Birth Jus Sanguinis & Jus Soli
-
7/27/2019 Report on Citizenship
12/43
The Jus SanguinisThe Jus Soli
CITIZENSHIPA personscitizenship is by blood, that of the parents.
This rule is followed in most countries of the world.
-
7/27/2019 Report on Citizenship
13/43CITIZENSHIP
CITIZENSHIP COMMON METHODS OF ACQUISITION
the legal principle that an individual's nationality is
determined by that person's place of birth.
The Jus SanguinisTheJus Soli
-
7/27/2019 Report on Citizenship
14/43
CITIZENSHIPCITIZENSOF THE PHILIPPINES
CITIZENSHIP
-
7/27/2019 Report on Citizenship
15/43CITIZENSHIP
CITIZENSHIPCITIZENSOF THE PHILIPPINES
1. Citizenship under 1935 Constitution
2. Children of Filipino Parents
3. Election of Philippine Citizenship4. Naturalization
-
7/27/2019 Report on Citizenship
16/43CITIZENSHIP
CITIZENSHIP CITIZENS OF THE PHILLIPINES
UNDER THE PRESENT CONSTITUTION
Those who/whose:
are citizens of the Philippines at
the adoption of the constitution
fathers or mothers are citizens of
the Philippines
born before January 17, 1973of
Filipino mothers, who choose
Philippine citizenship uponattaining the age of majority.
are naturalized in accordance
with law.
-
7/27/2019 Report on Citizenship
17/43CITIZENSHIP
CITIZENSHIP CITIZENS OF THE PHILLIPINES
Those who/whose:are citizens of the Philippine Islands at thetime of the adoption of theCommonwealth Constitution onNovember 15, 1935.
born in the Philippine Islands of foreignparents who, prior to the adoption of thecommonwealth Constitution, had beenelected to public office in the PhilippineIslands.
fathers were citizens of the Philippinesand mothers were citizens of thePhilippines, upon attaining majority agechose Philippine citizenship
were naturalizedin accordance with law
1. UNDER THE 1935CONSTITUTION
-
7/27/2019 Report on Citizenship
18/43CITIZENSHIP
CITIZENSHIP CITIZENS OF THE PHILLIPINES
Children born to Filipino
fathers were granted natural
born citizenship under
Commonwealth Constitution.
Only exception is, if thechild was born out of lawfulwedlock he will acquire the
citizenship of the only known
parent which is the mother.
Under new rule, child is
considered natural-born
Filipino citizen provided thateither of his parents is a
Filipino citizen.
2. CHILDREN OF FILIPINO PARENTS
-
7/27/2019 Report on Citizenship
19/43CITIZENSHIP
CITIZENSHIP CITIZENS OF THE PHILLIPINES
The right of election permitted underthe present Constitution was availableonly to those born to Filipino mothersunder the 1935 Constitution who, hadthe charter not been changed, would
have been able to elect Philippinecitizenship upon attaining majority age.
If Filipino mother lost her citizenshipupon marriage to foreigner, the right ofelection cannot be claimed by the
offspring born under the newconstitution.
This right could only be exercised onlywithin 3 years from attainment of themajority age of 18, or only up to
January 17, 1994.
3. ELECTION OF PHILIPPINE CITIZENSHIP
-
7/27/2019 Report on Citizenship
20/43CITIZENSHIP
CITIZENSHIP CITIZENS OF THE PHILLIPINES
is a process by which a foreigner acquires, voluntarily orby operation of law, the citizenship of another state.
4. NATURALIZATION
-
7/27/2019 Report on Citizenship
21/43
CITIZENSHIPNATURALIZATION
CITIZENSHIP
Direct ORDerivative
-
7/27/2019 Report on Citizenship
22/43CITIZENSHIP
CITIZENSHIP NATURALIZATION
is effected:1.) by individual proceedings,usually general naturalizationlaws;
2.) by special act of legislature,often in favor of distinguishedforeigners who have renderedsome notable service to thelocal state;
3.) by collective change ofnationalityas a result of cessionor subjugation; and4.) in some cases, byadoptionor orphan minorsas nationals ofthe state where they are born.
DIRECT NATURALIZATION
-
7/27/2019 Report on Citizenship
23/43CITIZENSHIP
CITIZENSHIP
is conferred/honored:1.) on the wife of thenaturalized husband;
2.) on the minor childrenof the naturalized parent;and3.) on the alien womanupon marriage to a
national.
DERIVATIVE NATURALIZATION
NATURALIZATION
-
7/27/2019 Report on Citizenship
24/43
CITIZENSHIPNATURALIZATION
CITIZENSHIP
A. PROCEDURE
-
7/27/2019 Report on Citizenship
25/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. The applicant shall file with the Office of the Solicitor Generala declaration of his intention to be a citizen of thePhilippines.
2. Filing of petition for naturalization with the regional trial court
of the province or city where the petitioner has resided for atleast one year.
3. Upon the receipt of the petition, the clerk of court shall havethe duty of publishing the same in the Official Gazette and inone newspaper of general circulation in the province or cityonce a week for three consecutive weeks and to postnotices thereof and of the hearing.
4. Six months after the last publication, but in no case within 30(30) days before any election, the hearing shall begin, atwhich the petitioner shall establish all the allegation of hispetition, to be corroborated by at least 2 credible witnesses.
PROCEDURE
-
7/27/2019 Report on Citizenship
26/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. The applicant shall file with the Office of the Solicitor Generala declaration of his intention to be a citizen of thePhilippines.
2. Filing of petition for naturalizationwith the regional trial court
of the province or city where the petitioner has resided for atleast one year.
3. Upon the receipt of the petition, the clerk of court shall havethe duty of publishing the same in the Official Gazette and inone newspaperof general circulation in the province or cityonce a week for three consecutive weeks and to postnotices thereof and of the hearing.
4. Six (6) months after the last publication, but in no case within30 (30) days before any election, the hearing shall begin, atwhich the petitioner shall establish all the allegation of hispetition, to be corroborated by at least 2 credible witnesses.
PROCEDURE
1.
2.
3.
4.
-
7/27/2019 Report on Citizenship
27/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. He must not be less than eighteen (18) years of age on the date of the hearingof the petition.
2. He must have resided in the Philippines for a continuous period of not les thanten years.
3. He must be of good moral character and believe in the principles underlyingthe Philippine Constitution, and must have conducted himself in a proper and
irreproachable manner during the entire period of his residence in thePhilippines in relation with the constituted government as well as thecommunity in which he is living;
4. He must own real estate in the Philippines worth no less than five thousandpesos, Philippine currency, 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 principalPhilippine language.
6. He must have enrolled his minor children of school age in any of the publicschools or private schools recognized by the Office of Private Education in thePhilippines, where Philippines history, government and civics are taught orprescribed as part of the school curriculum during the entire period of theresidence in the Philippines required of him prior to the hearing of his petition
for naturalization as required for naturalization as Philippine citizen.
THE PETITIONER IS REQUIRED TO POSSES THESE QUALIFICATIONS
-
7/27/2019 Report on Citizenship
28/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. He must not be less than eighteen (18)years of age on the date of the hearingof the petition.
1. He must have resided in the Philippines for a continuous period of not less thanten years.
2. He must be of good moral character and believe in the principles underlyingthe Philippine Constitution, and must have conducted himself in a proper and
irreproachable manner during the entire period of his residence in thePhilippines in relation with the constituted government as well as thecommunity in which he is living;
3. He must own real estate in the Philippines worth no less than five thousandpesos, Philippine currency, or must have some known lucrative trade,profession or lawful occupation.
4. He must be able to speak and write English or Spanishand any of the principalPhilippine language.
5. He must have enrolled his minor children of school age in any of the publicschools or private schoolsrecognized by the Office of Private Education in thePhilippines, where Philippines history, government and civics are taught orprescribed as part of the school curriculum during the entire period of theresidence in the Philippines required of him prior to the hearing of his petition
for naturalization as required for naturalization as Philippine citizen.
THE PETITIONER IS REQUIRED TO POSSES THESE QUALIFICATIONS
2.
3.
4.
5.
6.
-
7/27/2019 Report on Citizenship
29/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. Having honorably held office under
the Government of the Philippines or
under that of any of the provinces,
cities, municipalities, or political
subdivisions thereof;
2. Having established a new industry orintroduced a useful invention in the
Philippines.
3. Being married to a Filipino woman;
4. Having been engaged as a teacher
in the Philippines in a public or
recognized private school not
established for the exclusive
instruction of children of persons of
particular nationality or race, in any
of the branches of education or
industry for a period of not less than
two years;
5. Having been born in the Philippines
THE TEN (10) YEAR RESIDENCE IS REDUCE TO FIVE IF APPLICANT POSSESANY OF THE FOLLOWING SPECIAL QUALIFICATION:
-
7/27/2019 Report on Citizenship
30/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. Having honorably held office under
the Government of the Philippines or
under that of any of the provinces,
cities, municipalities, or political
subdivisions thereof;
2. Having established a new industry orintroduced a useful invention in the
Philippines.
3. Being marriedto a Filipino woman;
4. Having been engaged as ateacher
in the Philippines in a public or
recognized private school not
established for the exclusive
instruction of children of persons of
particular nationality or race, in any
of the branches of education or
industry for a period of not less than
two years;
5. Having been bornin the Philippines
THE TEN (10) YEAR RESIDENCE IS REDUCE TO FIVE IF APPLICANT POSSESANY OF THE FOLLOWING SPECIAL QUALIFICATION:
1.
2.
3.
4.
5.
-
7/27/2019 Report on Citizenship
31/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. Person opposed to organized government or affiliatedwith any association or group of persons who uphold andteach doctrines opposing all organized governments;
2. Persons defending or teaching the necessity or proprietyof violence, personal assault, or assassination for thesuccess 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 residence in the
Philippines, have not mingled socially with Filipinos, or who
have not evinced a sincere desire to learn and embracethe customs, traditions, and ideals of the Filipinos;
7. Citizens or subjects of nations with whom the Philippines isat war, during the period of such war;
8. Citizens or subjects of a foreign country whose laws do notgrant Filipinos the right to become naturalized citizens orsubject thereof.
THE FOLLOWING ARE DISQUALIFIEDFROM NATURALIZATION
-
7/27/2019 Report on Citizenship
32/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
1. Person opposed to organized government or affiliatedwith any association or group of persons who uphold andteach doctrines opposing all organized governments;
2. Persons defending or teaching the necessity or proprietyof violence, personal assault, or assassination for thesuccess 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 residence in the
Philippines, have not mingled socially with Filipinos, or who
have not evinced a sincere desire to learn and embracethe customs, traditions, and ideals of the Filipinos;
7. Citizens or subjects of nations with whom the Philippines isat war, during the period of such war;
8. Citizens or subjects of a foreign country whose laws do notgrant Filipinos the right to become naturalized citizens orsubject thereof.
THE FOLLOWING ARE DISQUALIFIEDFROM NATURALIZATION
1.
2.
3.4.5.
6.
7.
8.
-
7/27/2019 Report on Citizenship
33/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
Within two (2) years of probationary period the petitioner mustestablish that:
He has not left the Philippines Has devoted himself to a lawful calling
Has not been convicted of any violation of law Has not committed any act in contravention of any government
announce policy
-
7/27/2019 Report on Citizenship
34/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
Within two (2) years of probationary period the petitioner mustestablish that:
He has not left the Philippines Has devoted himself to a lawful calling
Has not been convicted of any violation of law Has not committed any act in contravention of any government
announce policy
-
7/27/2019 Report on Citizenship
35/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
Within two (2) years of probationary period the petitioner mustestablish that:
He has not left the Philippines Has devoted himself to a lawful calling
Has not been convicted of any violation of law Has not committed any act in contravention of any government
announce policy
-
7/27/2019 Report on Citizenship
36/43CITIZENSHIP
CITIZENSHIP NATURALIZATION PROCEDURE
Within two (2) years of probationary period the petitioner mustestablish that:
He has not left the Philippines Has devoted himself to a lawful calling
Has not been convicted of any violation of law Has not committed any act in contravention of any government
announce policy
-
7/27/2019 Report on Citizenship
37/43
CITIZENSHIP NATURALIZATION PROCEDURE
The Last StepAdministration of the oath of citizenship, by virtue which the
petitioner shall embrace Philippine citizenship and renounceallegiance to any foreign State.
CITIZENSHIP
-
7/27/2019 Report on Citizenship
38/43
CITIZENSHIPNATURALIZATION
CITIZENSHIP
B. EFFECTS
-
7/27/2019 Report on Citizenship
39/43
CITIZENSHIP EFFECTS
CITIZENSHIP
Naturalized Filipinos have all the
rights of a Philippine citizen exceptonly those reserved by Constitution
to natural-born citizens of thePhilippines.
Only Natural-Born citizens are
allowedto hold constitutional officessuch as:
1. Office of the President2. Senators
3. Members of the House ofRepresentatives
4. Members of the Supreme Court5. Chairman and Commissioners of
the Constitutional Commissions(Civil Service Commission, COMELEC
and Commission on Audit)
-
7/27/2019 Report on Citizenship
40/43
CITIZENSHIPNATURALIZATION
CITIZENSHIP
C. REVOCATION
-
7/27/2019 Report on Citizenship
41/43
CITIZENSHIP EFFECTS
CITIZENSHIP
A person may be DENATURALIZEDon the petition of the Solicitor
General on the grounds:
that the certificate ofnaturalization was obtained
fraudulently
that he established his permanentresidence abroad within five (5)
years after naturalization
that the petition was based on aninvalid declaration of intention
that his minor children failed tocomply with the educational
requirementsthrough his fault orneglect
he allowed himself to be used as adummyin violation of our
naturalization laws.
-
7/27/2019 Report on Citizenship
42/43
CITIZENSHIP EFFECTS
CITIZENSHIP
LOSS AND REAQUISITION OF CITIZENSHIP
According to C.A. No. 63 Philippinecitizenship is lost:
1. By naturalization in foreign country2. By express renunciation of
citizenship3. By oath of allegiance to other
countries4. By rendering service to or accepting
commission in the armed forces of aforeign country.
5. By cancellation of the certificate ofnaturalization
6. A deserter of the Philippine ArmedForces in time of war
7. In case of a woman, upon marriageacquires her husbandsnationality
-
7/27/2019 Report on Citizenship
43/43
CITIZENSHIP EFFECTS
INSTANCES WHEN A PHILIPPINE CITIZEN MAY POSSESS DUAL CITIZENSHIP
1. Those born of parents whosecountry adopts the jus sanguinisprinciple in foreign countries whichfollows the jus soli principle.
2. Those born in the Philippines ofFilipino mothers and an alien father,if by laws of their fathers countrysuch children are citizens of thatcountry.
3. Those who marry aliens if by the lawsof the latters country, the formerare considered citizens unless, bytheir act or omission they aredeemed to have renouncedPhilippine citizenship.