Abbie Joie Ladera
MW 4:30-5:00pm
December 11, 2013
1. Concept of citizenship
● Those who are citizens of the Philippines...
of 1

Polsci hm3

Published on: Mar 4, 2016

Transcripts - Polsci hm3

  • 1. Abbie Joie Ladera MW 4:30-5:00pm December 11, 2013 1. Concept of citizenship ● 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. ● Those who are naturalized in accordance with law2. Mode of acquiring citizenship ● Involuntary method – by birth, because of blood relationship 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. 3. Kinds of citizenship ● Natural-born citizens – refers to: who at the moment of their birth are already citizenship of the Philippines, and do not have to perform any act to acquire his Philippine citizenship. ● Citizens at the time of the adoption of the new Constitution – refers to those who are considered citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new Constitution. ● Citizens through election – refers to those born of Filipino mother before January 17, 1973 who, upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973 Constitution (even prior to the effectively of the new Constitution on Feb. 2, 1987) pursuant to the provision of the 1935 Constitution. They are place on the level as those born Filipino mother on or after January 17, 1973 ● Naturalized citizens – refers to those who were originally citizens of another country, but who, by an intervening act, have acquired new citizenship in a different country. 4. Difference between dual citizenship with dual allegiance ● Dual citizenship – refers to the possession of two-citizenships by an individual, that of his original citizenship and that of the country where he became a natural citizen. It arises because our law cannot control law 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. ● Dual allegiance – Section 5 prohibits more particularly naturalize Filipinos from practicing what is called “dual allegiance” which refers to the continued allegiance of naturalized nationals to their mother country even after they have acquired Filipino citizenship. It is declared inimical to national interest, and Congress is required that it be dealt with by law. 5. Identify and explain (each one) who are citizens of the country. ● Citizens by birth Jus sanguins – blood relationship is the basis for the acquisition of citizenship under this rule. The children follow the citizenship of the parents or one of them. 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 United States. ● Citizens by naturalization – in the contemplation of the Constitution, even those who are not Filipino citizens at birth and who cannot take advantage of the right given by the children of Filipino mother, may become citizens by naturalization. In other word, citizenship may not be based on the principle of jus sanguinis. Certain rights and privileges, duties and obligations limited to Filipino citizens – under the constitution and our laws, there are certain rights and privileges that could be enjoyed only by Filipino citizens. Constitution nationalistic in character – the Constitution is nationalistic in character. Care in granting or denying privilege of naturalization essential – if the privilege of naturalization would be granted on easy term to foreigners not seriously intent on acquiring Filipino citizenship but only desirous of improving his economic condition, then it is likely that the nationalistic provisions of the Constitution would be reduced to a barred form of words. Ideal policy on naturalization – the policy on naturalization should be guided by our own national interest.

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