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Elements of State
people
govt
define territory
independence or sovereignty
De jure
A govt that operates under established laws and has formal legal authority
De facto
A govt that exercises power and control over a territory in reality, lacks recognition or legal title
Ministrant (Propriety) function of govt
compulsory in nature
Constituent (Governmental) function of govt
optional
Article 5, 1987 Constitution — Who are Citizens of the Philippines?
Section 1
— Citizens of the Philippines at the time of the adoption of the Constitution
— People whose fathers or mothers are citizens of the Philippines
— People born before January 17, 1973, of Filipino mothers, who choose Philippine citizenship upon reaching age of majority
— People who are naturalized in accordance with the law
Who are Natural-born citizens?
Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship
What is Naturalization?
The process of acquiring citizenship other than birth
RA 9225 (Citizenship Reacquisition)
Section 2: Declaration of Policy
— All Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under conditions
Section 3: Retention of Philippine Citizenship
— Natural-born citizenship by reason of naturalization as citizens of a foreign country are deemed to have reaquired Philippine citizenship upon taking the oath
Section 4: Derivative Citizenship:
— The child, whether legitimate, adopted, or illegitimate, below 18, of those of who reaquire Philippine citizenship shall be deemed citizens of the Philippines
Section 5
— Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law
What is Dual Citizenship?
The result of conflicting nationality laws and is involuntary on the part of the individual
What is Dual Allegiance?
A conscious choice to serve 2 states and is a significant issue in national security and public service