Citizenship and Suffrage

• Citizenship

  • term denoting membership of a citizen in a political society, which members implies a duty of allegiance on the part of the member and duty of protection on the part of the state.
• Citizen

  • a person having the tile of citizenship
• Citizen

  • a member of a democratic community who enjoys full civil and political rights
  • accorded protection inside and outside the territory of the state.
• alien

  • citizen of a country who is residing in or passing through another country.
• Modes of Acquiring Citizenship:

  1. Naturalization
  2. Marriage
  3. Repatriation
  4. Birth
• Two Rules that govern citizenship by Birth:

  1. Jus Sanguinis (Blood)
  2. Jus soli or jus loci (Place of Birth)
• Jus Sanguinis

  • blood is the basis for acquisition of citizenship.
  • children follows the citizenship of the parents or one of them.
  • predominating principle in the Philippines.
• Jus soli or jus loci

  • place of birth is the basis of citizenship
  • a person becomes a citizen of the state where he is born irrespective of the citizenship of the parents.
  • prevails in US (but still observe jus sanguinis)
• Citizens of the Philippines

  • citizens at the time of adoption of 1987 constitution.
  • whose parents are citizens of the Philippines.
  • born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching the age of majority.
  • naturalized in accordance with law.
• Naturalization

  • act formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.
  • renunciation of a former nationality and the fact of entrance to a similar relation towards a new body politic.
• Qualifications to be Naturalized as Filipino Citizens:

  1. not less than 21 years of age on the date of the hearing of the petitioner.
  2. continuous residence in the Philippines for not less than 10 years.
  3. good moral character
  4. owns real property/must have known lucrative trade, profession, or lawful occupation.
  5. speak or write english/spanish/any Philippine principal languages
  6. enrolled his minor children in a recognized Philippine school
• Effects of Naturalization

  • vests citizenship on wife if she herself maybe lawfully naturalized.
  • minor children born in the Philippines before the naturalization shall be considered citizens
  • minor children born outside the Philippines but was residing in the Philippines at time of naturalization
• Effects of Naturalization

  • minor children born outside the Philippines before parent's naturalization shall be considered Filipino only during minority, unless he begins to reside permanently in the Philippines.
  • child born outside the Philippines after parent's naturalization shall be considered a Filipino provided that he registers before any Philippine consulate within one year after attaining majority age and takes his oath of allegiance.
• When does citizenship on a state ends?

  when a person undergoes naturalization on other states or pledges his allegiance.
• Suffrage

  • right and obligation to vote of qualified citizens in the election of government officials and in the decisions of public questions submitted to the public.
• Qualifications of Voters (under 1987 constitution)

  1. citizen of the Philippines
  2. not otherwise disqualified by law
  3. at least 18 years of age on the day of the election
  4. have resided in the Philippines for at least one (1) year and in the place wherein he propose to vote for at least six (6) months preceding the election.
• Persons who are disqualified by the law to vote:

  1. any person sentenced by final judgement to suffer for not less than one year.
  2. Any person adjudged by final judgement by competent court or tribunal of committing any crime involving disloyalty to the government (rebellion, sedition, etc.) or any crime against national security, unless restored to his full civil and political rights
  3. insane or incompetent persons declared by competent authority. (regains rights after 5 years after service of sentence)
• Scope of Suffrage (where voters exert their influence over political matters):

  1. Election
  2. Plebiscite
  3. Referendum
  4. Initiative
  5. Recall
• Election

  • people chooses the persons whom they entrust the powers of government and as their representative
• Plebiscite

  • vote of the people expressing their choice for or against a proposed law
  • proposed amendments or revision of the constitution is submitted to the people.
  • organization or reorganization of local government are approved or disapproved of the people affected.
  • laws are still being discussed (pag-uusapan pa lang)
• Referendum

  • submission to the people a law that has already been finished by the national or local legislative for their approval or disapproval (ratification or rejection).
  • no more amendments, only yes or no.
• Initiative

  • people directly propose and enact laws or propose amendments to the Constitution.
• Recall

  • opposite of election
  • public officer may be removed from an elective office before expiration of his term by a vote of the people.
  • registration of petition signed by required percentage of qualified voters in that government unit is necessary.