ARTICLE IV & VCITIZENSHIP AND SUFFRAGE

I. Meaning of Citizenship

Citizenship- a term denoting membership of a citizen in a political community, which membership implies, reciprocally, a duty of allegiance on his part and duty of protection on the part of the State.

Citizen– a person having the title of citizenship, who as such enjoys full civil and political rights. In a monarchical state, he is often called a subject.

Alien– a citizen of a country who is residing in or passing through another country. He is also called a “foreigner.” He is not given full rights to citizenship, but is entitled to receive protection as to his person and property.

II. Ways of Acquiring CitizenshipA. Citizenship by Birth :2 Principles Jus sanguinis - blood relationship is

the basis for 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 the citizenship of the parents.

B. Citizenship by Naturalization: 3 Ways

Naturalization - the act of formally adopting a foreigner into the political body of the state and clothing him with the rights and privileges of citizenship.

1. By judgement of the court2. By direct act of Congress3. By administrative

proceedings

III. Kinds of Citizenship under the Constitution(1)Natural-born citizens – they refer

to those who:◦ Are already citizens of the Philippines from

birth without performing any act to acquire or perfect his Philippine citizenship.

◦ Those born before January 17, 1973 of Filipino, who elect Philippine upon reaching the age of majority.

(2)Naturalized citizens- they refer to those who were originally citizens of another country, but who by intervening act have acquired new citizenship in another country.

IV. Filipino Citizens:(Art. IV, Sec. 1)

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;

2. Those whose fathers or mothers are citizens of the Philippines;

3. Those born before January 17, 1973 of Filipino mother who elect Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with the law.

V. Loss and Reacquisition of Citizenship

Expatriation- the voluntary loss or renunciation of one’s citizenship- a Filipino citizen may lose his citizenship in any of the following ways and/or events: 1.By naturalization in a foreign country;2. By express renunciation of citizenship;3. By subscribing to an oath of allegiance to support the constitution and laws of a foreign country;4. By rendering services to or accepting commission in the armed forces of a foreign country;5. By cancelling of the certificate of naturalization; and6. By having been declared a deserter in the Armed Forces of the Philippines, in times of war by competent authority.

Repatriation- reacquisition of loss citizenship-citizenship may be reacquired:

1. By naturalization;

2. By a direct act of Congress;

3. By repatriation of deserters of the Armed Forces of the Philippines and women who lost their citizenship by reason of marriage to an alien, after

the termination of their marital status.

VI. Effect of Marriage of Citizen to an Alien

Under Sec. 4, a Filipino citizen who marries an alien does not automatically lose his/her citizenship, unless “by their act omission they are deemed, under the law, to have renounced their citizenship.”

VII. Dual Allegiance of Citizens

Sec. 5 does not prohibit dual citizenship per se. What is prohibited is dual allegiance, particularly of naturalized citizens. It is considered inimical to national interest, and Congress is required that it be dealt with by law.

VIII. Duties and Obligation of CitizensTo be loyal to the Republic;To defend the State;To contribute to the development and

welfare of the State;To uphold the Constitution and obey

the laws;To cooperate with duly constituted

authorities;To exercise rights responsibly and with

due regard to the rights of others;To engage in gainful work; andTo register and vote.

XI. CONCEPT OF SUFFRAGE

Suffrage – is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.

Nature of Suffrage:

1. A mere privilege- suffrage is not a natural right of the citizens but merely a privilege to be given or withheld by the lawmaking power, subject to constitutional limitations.

2. A political right- in the sense of right conferred by the Constitution, suffrage is classified as a political right, enabling every citizen to participate in the decision-making process of the government.

X. Scope of suffrage: Election- it is the means by which the people choose

their officials for a definite and fixed periods and to whom they entrust, as their representatives, the exercise of powers of government;

Plebiscite- it is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them;

Referendum- it is the submission of a law or part thereof by the national or local legislative body to the voting citizens of a country for their ratification or rejection;

Initiative- it is the process whereby the people directly propose and enact laws; and

Recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters.

XI. Qualification of Voters: Art. V, Sec. 1

1. A citizen of the Philippines;

2. Not otherwise disqualified by law;

3. At least eighteen years old; and

4. Have resided in the Philippines for at least one year and in the place wherein he proposes to vote for at least six months preceding the election.

Disqualifications:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon; provided, however, that any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence;

2. Any person who has been judged by final judgment by competent court of having violated his allegiance to the Republic on the Philippines; and

3. Insane persons.

XII. Securing the Secrecy and Sanctity of the Ballot

In a democracy, suffrage is the primary means in ensuring that the public officials who will be given the power to rule are really chosen by the majority of the people. The result of an honest, free, and clean elections is therefore a reflection of the people’s sovereign will of choosing from among the candidates those that would be given the mandate to rule.

XIII. System of Absentee Voting

RA 9189 (Feb. 4, 2003) provides for a system of overseas absentee voting by qualified citizens abroad. All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least 18 y/o, may vote for President, Vice President, Senators and Party-list Representatives.

In addition, RA 7166 (Nov. 26, 1991) provides for a system of local absentee voting, whereby government officials and employees, including members of the AFP and the PNP, and even teachers, who are registered voters, are allowed to vote for the President, Vice President, and Senators, in places here they are registered but where they are temporarily assigned on election day to perform poll duties.

Prepared by:

GROUP 3:Jovin AllamJarine PascuaDominic

BautistaAiza BetayJenny Ugaddan

Etc……………….