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» Summary of Philippine Constitution : Article 4
Summary of Philippine Constitution : Article 4
ARTICLE IV: CITIZENSHIP
Citizen- is a member of a political community. He owes allegiance to the state. Example a Filipino who lives in Philippines is a Filipino Citizen.
National- is not a part of a political community. He owes allegiance to the State. Example a Filipino who lives in Dubai is a Filipino National.
The Principles in Acquiring Citizenship
1. Jus Sanguinis- a principle which talks about the parents of a child. If the parent/s of a child is a Filipino he is considered as Filipino. This principle is being practiced in Philippines.
2. Jus Soli/Loci- a principle which tends to determine a child’s citizenship by referring to child’s birth place. Example in America, when a Filipino got a child in America, his child is considered to be an American Citizen. This is not being practiced in the Philippines.
Acquiring Citizenship
1. Involuntary (Natural born Citizen)- citizenship by birth
2. Voluntary (Naturalized Citizen)- citizenship by applying (Naturalization). Example an Arab wants to be a Filipino Citizen, he can apply for it if also he met the requirements in Naturalization Process.
Citizens of the Philippines according to Article IV Section I
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.
- People who are present in the Philippines during the adoption of the constitution is a Filipino Citizen.
2. Those whose fathers or mothers are citizens of the Philippines.
- Child who’s parent is a Filipino is considered as Filipino. This is based on the Jus Sanguinis Principle.
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.
- To clean up the mess of the 1935 Constitution which say that if a Filipina married a Foreigner her child is not a Filipino, this sub paragraph was made. This state that anyone born before January 17, 1973 of Filipino mother is a Filipino.
4. Those who are naturalized in accordance with law.
- This Naturalization process can be given by Judicial, Administrative Process or by the Act of the Congress thru Republic Act.
A Naturalized Citizen of the Philippines has its limit. Limit in term of running in a Political Positions and in applying Jobs. This is due to the fact that a Naturalized Citizen might not have its loyalty to the Philippines. He might have been a spy and might betray Philippines. Whereas the Natural born Filipino enjoys all the privileges.
In the Philippine constitution, having a dual Citizenship is allowed but having a dual allegiance of citizenship is prohibited for a fact that he might betray the Philippines.
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