CIVIL SOCIETY & SOCIAL MOVEMENTS

WHAT IS CIVIL SOCIETY?

Civil Society is the aggregate of nongovernmental organizations and institutions that manifest interest and will
of citizens.
• Non-Governmetal Aid Organization (NGO's) provide assistance to people for a little or no fee. NGO's fall into
the category of civil society because they are not operated by the government.
ROLE OF CIVIL SOCIETY
• Civil Society as an instrument for securing rights and interest at the people: - Civil Society works for
discharging several economic, social, cultural, moral and other responsibilities which fall in the domain of
private activities. • Growing Strength as Role of Civi Society in our country: - In our country the civil society
has been becoming more and more aware, alert, and
• Need of Civil Society in undemocratic states: - Civil Society needed in an authoritarian system because of
overthrow of authoritarian regime and replace it with a democratic system.
WHAT IS SOCIAL MOVEMENT?
•Social Movements are large informal groupings of individuals or organizations which focus on specific political
or social issues.
• Cultural Anthropologist David F. Aberle identified four kinds of Social Movements. - Alternative Social
Movement - Redemptive Social Movement - Reformative Social Movement - Revolutionary Social Movement
•Alternative Social Movement- are at the individual level and advocate for minor change.
Redemptive Social Movement- are at the individual level and advocate radical changes. • .
•Reformative Social Movement- occur at a broader group or societal level and advocate for minor changes.
•Revolutionary Social Movement- occur at a broader group or societal level and advocate for radical change

ARTICLE 4 CITIZENSHIP

"Philippine citizenship is a gift that must be deserved to be retained. The Philippines, for all her modest
resources compared to those of other states, is a jealous and possessive mother demanding total love and
loyalty from her children.“ -Justice Isagani Cruz-

What is Citizenship?

• A term denoting membership in a political community with full civil and political privilege and this
membership imply, reciprocally, a duty of allegiance on the part of the member and duty of protection on the
part of the state.
• This legal relationship involves rights and obligations on the part of both the individual and the state itself.

Citizen
A person having the title of citizenship. He is a member of democratic community who enjoys full civil
and political rights and is accorded protection inside and outside the territory of the State.

WHAT IS THE DISTINCTION BETWEEN CITIZENSHIP AND NATIONALITY

1. Citizenship is membership in a democratic or political community, whereas nationality is membership in any

political community whether monarchial, autocratic or democratic;
2. Citizenship follows the exercise of civil and political rights whereas nationality does not necessarily carry
with it the exercise of political rights;
3. A person can be a citizen of one country and a national of another.

How is the term National distinguished from Nationality?

• National is defined as a person who owes allegiance to and is entitled to the protection of a given state,
regardless of the status under domestic law.
• Nationality is often times use synonymously with Citizenship. They are not exactly the same thing for the
first has a broader meaning that the second. All persons are nationals, but not all are citizens of a state.
Citizenship implies complete possession of civil and political rights in a body politics whereas the nationality
does not necessarily confer these rights.

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WHAT IS A SUBJECT?
Usually implies membership in a monarchial society. A subject does not enjoy civil and political rights.

WHAT IS AN ALIEN?
An alien is a citizen of a country who is residing in or passing through another country. He is particularly
called “foreigner”. He is not given the full rights of citizenship but is entitled to receive protection as to his
person and property.

WHAT ARE THE GENERAL WAYS OF ACQUIRING CITIZENSHIP?

1. Involuntary Method
2. Voluntary Method

INVOLUNTARY WAYS OF ACQUIRING CITIZENSHIP

By birth
• Through the change of sovereignty which result in the acquisition by each individual of the ceded or acquired
territory of the citizenship under the new sovereign in the absence of treaty stipulations to the contrary
• Through direct legislative grant.

VOLUNTARY WAYS OF ACQUIRING CITIZENSHIP

• Through marriage which result in the acquisition by the wife of the citizenship of the husband in case of
difference in citizenship of the parties, except where the wife is barred from acquiring the citizenship of the
husband by the law of the nation of the latter.
• Through the election which is the acquisition of citizenship after reaching the age of majority;
• Naturalization of the head of the family which result in the naturalization of the wife and the minor children
living with him

WHAT ARE THE TWO PRINCIPLES GOVERNING CITIZENSHIP BY BIRTH?

• Jus Sanguines. Citizenship by virtue of blood relationship. The children follow the citizenship of the parents.
This prevails in the Philippines.

• Jus soli. Citizenship by virtue of the place of birth. A person becomes a citizen of the state where he is born
irrespective of the citizenship of the parents. This principle prevails in the United States.

WHO ARE THE CITIZENS OF THE PHILIPPINES?

Section 1 provides that the following are deemed citizens of the Philippines :

(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 mothers, who elect Philippine citizenship upon reaching
the age of majority; and
(4) Those who are naturalized in accordance with law.

WHAT ARE THE DIFFERENT KINDS OF CITIZENS UNDER THE CONSTITUTION?

• Natural-born citizens
• Citizens at the time of the adoption of this Constitution
• Those who elect Philippine citizenship upon reaching the age of reason
• Those who are naturalized in accordance with law.

WHO ARE CONSIDERED AS NATURAL BORN CITIZENS?

Section 2 provides that Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 of Article 4 of the Philippine Constitution shall be
deemed natural-born citizens.

WHAT IS NATURALIZATION?

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• Naturalization is the legal act of adopting a foreigner into the political body of the state and clothing him with
the rights and privileges of a citizen. It implies the renunciation of a former nationality and the fact of entrance
to a similar relation towards a new body politic.
• A person may be naturalized either by complying with both the substantive and procedural requirements of a
general naturalization law or he may be naturalized by a special act of the legislature.

WHAT ARE THE QUALIFICATIONS FOR NATURALIZATION?

Under the Naturalization Law, and as provided in Section 2, C.A. No. 573, as amended, the petitioner for
naturalization is required to possess the following qualifications:

1. The petitioner must not be less than 21 years old on the date of the hearing of the petition.
2. The petitioner must have resided in the Philippines for ten years, which should be continuous.
3. He must be of good moral character, and believes in the principles underlying the Philippine Constitution,
and must have conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines.
4. The petitioner must own real estate in the Philippines worth not less than P5,000 in the Philippine currency,
or must have some lucrative trade, profession, or lawful occupation.
5. The petitioner must be able to speak and write English or Spanish and any one of the principal Philippine
languages.
6. The Petitioner must have enrolled his children of school age in any of the public schools recognized y the
government where the Philippine history, government, and civics are taught or prescribed as part of the school
curriculum during the entire period of the residence required of him, prior to the hearing of his petition for
naturalization as citizen.

The residence requirement of ten years is reduced to five years under any of the following instances:

1. The petitioner has honorably held office under the Government of the Philippines or under that of any
political subdivisions.
2. If the application has established a new industry or introduced a useful invention in the Philippines
3. If the petitioner is married to female citizen of the Philippines.
4. If the applicant had been a teacher in a public or recognized private school not established for the exclusive
instruction of children of persons of a particular nationality or race in the Philippines for two years.

Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.

HOW FILIPINO CITIZENSHIP MAY BE LOST?

Filipino citizen may lose his citizenship in any of the following ways:

1. Voluntary

A. By Naturalization in a foreign country

B. By express renunciation of citizenship (expatriation)
C. By subscribing to an oath of allegiance to support the constitution and law of foreign country
D. By rendering service to or accepting commission in the armed forces of a foreign country
The voluntary loss or renunciation of one’s nationality is called EXPATRIATION

2. Involuntary

A. By cancellation of his certificate of naturalization by the court

B. By having been declared by competent authority a deserter of the Philippine armed forces in times of war.

WHAT ARE THE GROUNDS FOR REACQUIRING LOST PHILIPPINE CITIZENSHIP?

1. By naturalization
2. By repatriation
3. By direct act of congress

RETENTION AND ACQUISITION OF CITIZENSHIP

Under R.A. 9225 otherwise known as the “Citizenship Retention and Reacquisition Act of 2003” which was
approved in August 29, 2003, natural born citizens of the Philippines who have lost their Philippine Citizenship

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by reason of naturalization as citizens of a foreign country are deemed to have reacquired Philippine
citizenship upon taking an oath of allegiance to the Philippine Republic
R.A. 9225 otherwise known as the “Citizenship Retention and Re-acquisition Act of 2003”

DERIVATIVE CITIZENSHIP
The unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who
reacquire Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines.

RETENTION AND ACQUISITION OF CITIZENSHIP CIVIL AND POLITICAL RIGHTS AND LIABILITIES
Those who shall retain or re-acquire Philippine citizenship under the Act shall enjoy full civil and political rights
and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the
following conditions:

1. Those intending to exercise their right of suffrage must meet the requirement under Section 1, Article V of
the Philippine Constitution, RA 9189 otherwise known as “ The Overseas Absentee Voting Act of 2003 and
other existing laws.
2. Those seeking elective public office in the Philippines shall meet the qualification for holding such public
office as required by the Constitution and existing laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer
authorized to administer oath;
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of
the Philippines and its duly constituted authorities prior to their assumption of office. They must renounce their
oath of allegiance to the foreign country where they took that oath;
4. Those intending to practice their profession in the Philippines shall apply with the proper authority for a
license or permit to engaged in such practice; and
5. The right to vote or be elected or appointed to any public office in the Philippines cannot be extended to,
those who: a. Are candidates for or are occupying any public office in the country of which they are
naturalized citizens; and/or b. Are in active service as commissioned or noncommissioned officers in the armed
forces of the country of which they are naturalized.

WHAT IS THE EFFECT OF MARRIAGE OF A CITIZEN TO AN ALIEN?

• Under Section 4, a Filipino citizen who marries an alien does not automatically lose his or her citizenship,
even if his or her nationality was granted by his or her husband’s or wife’s country.
• Only by their act or omission are they deemed under the law to have renounced their citizenship such as
taking an oath of allegiance to a foreign country.
• If a Filipino woman marries an alien and acquires her husband’s citizenship, she will possess two
citizenships, Philippine citizenship and that of her husband.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

WHAT IS AN ALLEGIANCE?
Allegiance is loyalty owed by a person to his state. Section 5 prohibits more particularly naturalized Filipinos
from practicing what is called “dual allegiance” declaring it inimical to national interests.
Note that what Section 5 prohibits is not dual citizenship but dual allegiance of citizens. Dual citizenship arises
because our laws cannot control laws of other states on citizenship but dual allegiance can be a matter of
personal choice or decision.

WHAT ARE THE DUTIES AND OBLIGATION OF THE CITIZENS?

1. To be loyal to the republic. Loyalty implies faith and confidence in the republic and love and devotion to the
country.
2. To defend the State.
3. To contribute to the development and welfare of the state.
4. To uphold the constitution and obey the laws.
5. To cooperate with the duly constituted authorities
6. To exercise rights responsively with due regards to the rights of others.
7. To engage in gainful work
8. To register and vote

QUESTION: Fernado Poe Jr. (FPJ), presidential candidate in the 2004 national election, was born before
January 17, 1973 out of wedlock to American Bessie Kelley and allan Fernando Poe, Sr. a Filipino citizen. Atty.

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Victorino Fornier filed a petition to disqualify FPJ for not being a Filipino citizen. Fornier argued that since FPJ
is an illegitimate child, he must follow the citizenship of his American mother.

Is the status of the child born under the terms of the 1935 Constitution material in determining his citizenship?