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Rights and Citizens in the Philippines

Dec 3, 2024

Lecture: Bill of Rights and Citizenship

Bill of Rights

  • All rights under the Bill of Rights have been covered.

Citizenship

  • Importance: Important for human rights protection. Protection is easier if you have a specific state or are a citizen of a country.
  • Definition: Membership in a political community that is personal and permanent in character.

Who are Filipino Citizens?

  1. 1987 Constitution:
    • Citizens at the time of adoption retain citizenship.
  2. By Parentage:
    • Born under 1987 Constitution; any parent is Filipino.
    • Mixed marriage: any parent is Filipino, child also Filipino.
  3. 1935 Constitution:
    • Only Filipino if father is Filipino in mixed marriage.
    • Can elect Filipino citizenship upon reaching age of majority if mother is Filipino.
  4. Naturalization:
    • Foreigners adopted into the political body of a nation.

Modes of Acquiring Citizenship

  1. By Birth
    • Jus sanguinis: By blood (Philippine setting).
    • Jus soli: By place of birth (e.g., USA).
    • Dual citizenship possible when laws of two countries apply simultaneously.
  2. Naturalization
    • Adopting a foreigner, granting privileges of a citizen.
  3. By Marriage
    • Foreign woman marrying a Filipino becomes Filipino, if qualified.

Modes of Naturalization

  1. Administrative Naturalization (RA 9139)
    • No judicial process; via Special Committee.
    • For aliens born and residing in the Philippines.
  2. Judicial Naturalization (Commonwealth Act 473)
    • Courts handle proceedings; open to all aliens.
  3. Legislative Naturalization
    • Fastest route; through Congress bill.

Dual Citizenship vs. Dual Allegiance

  • Dual Citizenship: Allowed; result of concurrent laws of two states.
  • Dual Allegiance: Not allowed; results from volition or deliberate act.

Loss of Citizenship

  1. Naturalization Abroad
  2. Expatriation
  3. Military Service Abroad
  4. Denaturalization
  5. Desertion in War
  6. Marriage to Foreigners
    • Acquires husband's nationality under foreign laws.

Reacquiring Citizenship

  1. Naturalization
  2. Repatriation
    • Recovery of original citizenship.
    • Natural born restored to natural-born status; naturalized to naturalized status.
  3. Direct Act of Congress
  • Additional Materials: Qualifications and disqualifications for naturalization to be uploaded in group.

Full transcript