POLSCI 2 Romulo V. Concha Jr. Prof. Cindy Pe Benito AB ± Political Science TF 5:30pm ± 7:00pm July 26, 2011 Article IV Citizenship I. Definition Citizenship is a membership in a political community which is personal and more or less permanent in character. It is to be distinguished from nationality, in that, it refers to membership in any class or form of political community, thus nationals may be citizens or subjects. Nationality does not necessarily include the right or privilege of exercising civil or political rights. On the other hand, as Aristotle said ³Citizenship is a membership of an individual in the assembly and was eligible for jury duty.´ II. Characteristics of its element A. Citizen ± refers to a member of political community having the right to exercise all the political and civil privileges accorded to the member a. Political rights ± are those rights where an individual could directly or indirectly participate in the establishment and administration of government. b. Civil rights ± rights that are conferred to every citizens to secure to them the enjoyment and happiness of living in a civilized c ivilized society. III. Modes of Acquiring Citizenship a. Jus Sanguinis ± literally means ³law of blood´. To be exact, it is the acquisition of citizenship through blood relationship b. Ju Soli ± literally means ³law of the soil´, it is the acqu isition isition of o f citizenship on the basis of place of birth c. Naturalization ± is the admission of a foreign subject or citizen into a political body of nation, and bestowing upon him most of the r ights and privileges of a citizen. IV. Two kinds of Citizen a. Natural born citizen ± is one who is already a citizen of the state at the time of birth. He does not perform an act to acqu ire or perfect his citizenship. b. Naturalized citizen ± is one who is a citizen of one country and who through an intervening act which is naturalization, becomes a citizen c itizen of another country. V. Who are the citizens of the Philippines? Co nstitution enumerates who are the citizens of thePhilippines. A.Section 1, Article IV of the Constitution a.Those who are citizens of the Philippines at the time of the adoption of the Constitution. Under this, those who are already Filipino Citizens at the time of the 1987 Constitution was adopted is already deemed Filipino Citizens. The 1987 Constitution took effect on Feb 2, 1987, the date the plebiscite for its ratification was held. b.Those whose fathers or mothers are citizens of the Philippines. Under this provision which was bodily lifted from 1973 Constitution, the child is deemed a Filipino Citizen if either his father or mother is a Filipino Citizen at the time of its birth unlike in the 1935 Constitution where both parents should be Filipinos. c. Those born before Jan 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. This date was the adoptions of 1973 Constitution of Filipino mothers are also citizen of the Philippines provided they elect Philippine Citizenship upon reaching the age of majority. Today the age of majority is 18, which were lowered down from the previous majority age o f 21. naturalized in accordance with the law. d. Those who are naturalized VI. Differentiate dual citizenship from dual allegiance According to Castaneda and Nuyda (2002) dual allegiance has larger, more threatening and insidious implications that dual citizenship which is seldom intentional and is usually but a function of the accident of mixed marriages or of birth on foreign soil so il (p. 94). Article V Suffrage I. Definition According to Castaneda and Nuyda (2002) suffrage is a political right enabling every citizen to participate in the process of government to assure that it derives its power from the consent of the governed. The authors added that alongside with this, it is the obligation of every citizen qualified to vote to register and cast his vote (p. 97) II. Characteristics of Suffrage In the Philippines, suffrage is not a natural right, but it is a privilege which may be enlarged or restricted, granted or withheld by the State. It is a function of the government. Suffrage is a privilege granted by the state to such persons or classes of persons as are most likely to exercise it for the public good for reason of public policy, certain classes of persons are excluded from the franchise, such as minors, idiots, paupers and convicts. III. Qualifications of voters Castaneda and Nuyda (2002) based the qualifications of a voter vot er stated in sec. 1 Article V (p. 99). He must be: 1. a citizens of the Philippines (male ( male and female);
2. not otherwise disqualified by laws; 3. at least eighteen years of age; 4. shall have resided in the Philippines for at least one year and in the placewherein they propose to vote for at least six months immediately preceding the election. IV. Define the following electoral processes A. Election is the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being, as their representatives the exercise of the po wers of the government. a. Direct election ± is an act of selecting public officials by direct votes of the people. b. Indirect election ± is an act of choosing public officials by representatives of the people. B. Plebiscite: is a political instrument employed by the people to ratify or reject constitutional amendments or proposed law. C. Referendumis a device used by the people to prevent the implementation of an unwise or bad law. a. Referendum on statutes ± which refers to a petition to approve or reject a law, or part thereof, passed by Congress; b. Referendum on local law ± which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. D. Initiativeis the power of the people to propose amendments to the Constitution or to propose and enact legislations through the elections called for the purpo se´ There are 3 systems of initiatives namely: a. Initiative on the Constitution ± which refers to a petition proposing amendments to Constitution; b. Initiative on statutes ± which refers to a petition proposing to enact a national legislation; c. Initiative on local legislation ± which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. E. Recall: According to Ayson and Reyes (2000) recall is a system by which an elective official is removed by popular vote before the end of his term.The authors added that when an elective official who becomes abusive during the first six months of his term may be the subject o f the recall (p. 179). ABSENTEE VOTING LAW IN THE PHILIPPINES I. REPUBLIC ACT The Overseas Absentee Voting Act , officially known as Republic Act No. 9189 , is a law in the Philippines passed on February 13, 2003 which provides for a system for citizens of the Philippines currently residing or working outside of the Philippines to vote in an election. This act was a consolidation of Senate Bill No. 2104 and House Bill No. 3570, the first draft was authored in Congress on July 22, 2002. The act is implemented by the Commission on Elections (COMELEC) with the help of the Department of Foreign Affairs (DFA). II. POLICY AND RATIONALE BEHIND THIS LAW A. What is the so-called system of Absentee Voting? It is a political exercise whereby all overseas Filipinos, who temporarily reside abroad, are allowed to participate in the electoral processes of the country, upon compliance with the prescribed legal requirements. B. Why is there a need for an absentee voting system? The right to suffrage is constitutionally guaranteed. Relying on the principles of justice and equity, the absentee voting system would make it possible for all Filipinos abroad, who have been effectively deprived of the right to suffrage, and to exercise said right. C. What is the legal basis for the absentee voting system? Section 2, Article V of the 1987 Constitution specifically mandated Congress to pass an absentee voting law, thus: ³Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad.´ III. WHO ARE ENTITLED TO VOTE? A. Absentee voters qualified to vote All qualified Filipino citizens abroad, who are not otherwise disqualified by law, and at least eighteen (18) years of age on the day of the election may vote in their respective residences abroad, subject to compliance with certain conditions imposed in this Act. They are called the Overseas Absentee Voters. Immigrants and permanent residents who have not renounced their Philippine citizenship will also be entitled to vote. IV. TO WHAT POLITICAL POSITION ABSENTEE VOTING LAW APPLIES? A. Qualified absentee voters are allowed to vote in the following: 1. National elections for: a) president; b) vice-president; c) senators; and d) party-list representatives. 2. Referenda and plebiscites that involve issues of national significance. (Sec. 2) References
Ayson, F. & Reyes, D. (2000) Fundamentals of Political Science.Mandaluyong City: National Book Store. Castaneda, S. &Nuyda, H. (2002)Government of the People: A study of the Philippine Government and the 1987 Constitution. Valenzuela City: Mutya Publishing House.
