Citizenship

Citizenship

Given by a government of a country to individuals who meet the requirements set by the country's law; considered a political status since it is a manifestation of citizenship recognition granted by a country to individuals.

Nationality

Innate and inherited from parents rather than legally conferred; cannot be taken away even if migrating to another country, unless renounced.

UDHR Article 15 on Nationality

States that everyone has the right to a nationality, and no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Filipino Citizens (1987 Constitution, Art. IV, Sec. 1)

Includes those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution; those whose fathers or mothers are citizens of the Philippines; those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and those who are naturalized in accordance to the law.

Duties and Obligations of a Filipino Citizen

1. To be loyal to the Republic; 2. To honor the Philippine flag; 3. To defend the state and contribute to its development and welfare; 4. To uphold the Constitution and obey the laws; 5. To cooperate with the duly constituted authorities in the attainment and preservation of a just and orderly society; 6. To exercise their rights responsibly with due regard to the right of others; 7. To engage in gainful work to assure themselves and their family a life worthy of human dignity; 8. To register and cast their vote.

Human Rights

Standards that recognize and protect the dignity of all human beings, aimed at protecting people from political, legal, and social abuses.

Universal and Inalienable Rights

Universal means all of us are equally entitled to our human rights; inalienable guarantees that these rights cannot be taken away unless violated laws are proven through due process.

Indivisible Rights

Principle stating that all types of rights are equal and one right is not more important than another.

Inter-dependence and Inter-relatedness of Rights

Principle stating that rights are related and dependent on each other, where the realization of one right depends on the realization of another.

Equality and Non-discrimination

Principle stating that all human beings are born free and equal in dignity and rights, entitled to human rights regardless of race, color, sex, ethnicity, age, language, religion, political opinion, national/social origin, disability, property, or birth status.

Natural Rights

Inherent rights of individuals, such as the Right to Life, where nobody (including the government) has the right to end a life and the government is bound to protect its constituents' right to life.

Legal Rights (Unreasonable Searches and Seizures)

The right of a person to be secure in his/her person, house, papers, and effects against unreasonable searches and seizures without a search warrant issued by a judge particularly describing the place to be searched and persons/things to be seized.

Categories of Legal Rights

Includes: 1. Right of a person not to allow unreasonable searches and seizures; 2. Rights of person under investigation; 3. Rights of an accused; 4. Rights of a person under arrest; 5. Rights of a person under detention.

Art. III, Sec. 12(1) - Right to Silence and Counsel

Any person under investigation for an offense has the right to be informed of their right to remain silent and to have competent and independent counsel preferably of their own choice; these rights cannot be waived except in writing and in the presence of counsel.

Art. III, Sec. 12(2) - Prohibition of Torture and Secret Detention

Prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate free will, as well as secret detention places, solitary, or incommunicado detention.

Art. III, Sec. 12(3) - Inadmissibility of Coerced Confessions

Any confession or admission obtained in violation of investigation rights or self-incrimination rights shall be inadmissible in evidence.

Art. III, Sec. 12(4) - Sanctions and Compensation for Torture

Mandates that the law shall provide penal and civil sanctions for violations of investigation rights, as well as compensation and rehabilitation to victims of torture or similar practices and their families.

Art. III, Sec. 14(1) - Due Process in Criminal Offenses

No person shall be held to answer for a criminal offense without due process of law.

Art. III, Sec. 14(2) - Rights of the Accused

In all criminal prosecutions, the accused is presumed innocent until proven guilty, has the right to be heard by himself and counsel, to be informed of the nature/cause of accusation, to have a speedy, impartial, and public trial, to meet witnesses face-to-face, and to have compulsory process for witnesses/evidence.

Art. III, Sec. 15 - Writ of Habeas Corpus

The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

Art. III, Sec. 16 - Speedy Disposition of Cases

All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Art. III, Sec. 17 - Right Against Self-Incrimination

No person shall be compelled to be a witness against himself.

Art. III, Sec. 18(1) - Freedom from Political Detention

No person shall be detained solely by reason of his political belief and aspirations.

Art. III, Sec. 19(1) - Prohibition of Cruel Punishment and Death Penalty

Prohibits excessive fines, cruel, degrading, or inhuman punishment, and the death penalty unless Congress provides for it for compelling reasons involving heinous crimes (with existing death penalties reduced to reclusion perpetua).

Art. III, Sec. 19(2) - Degrading Punishment of Detainees

Mandates that physical, psychological, or degrading punishment against prisoners/detainees or the use of substandard penal facilities shall be dealt with by law.

Art. III, Sec. 22 - Ex Post Facto Law and Bill of Attainder

No ex post facto law or bill of attainder shall be enacted.

Collective Rights

Also known as "People's Rights" or "Solidarity Rights", which are rights that can only be enjoyed with the company of others.

Right to Peaceably Assemble

Under Article III, Section 4 of the 1987 Constitution, no law shall be passed abridging the freedom of speech, expression, or the right of the people to peaceably assemble and petition the government for redress of grievances.

Right to Peace

Under Article II, Section 2 of the 1987 Constitution, the Philippines renounces war as an instrument of national policy and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Right to Development and Self-Determination

Right to development means every human possesses the right to constantly improve well-being, while self-determination refers to the right of people to choose their own political status and economic, cultural, and social development.

Right to Environment

Under Article II, Section 16 of the Philippine Constitution, the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Civil Rights

Rights that ensure peoples' physical and mental integrity, life, and safety, as well as protection from discrimination and individual rights such as privacy, freedom of thought, conscience, speech, expression, religion, press, assembly, and movement.

Art. III, Sec. 1 - Due Process and Equal Protection

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Art. III, Sec. 2 - Search Warrants and Arrest Warrants

Guarantees search and arrest warrants shall only issue upon probable cause determined personally by the judge after examination under oath or affirmation of the complainant and witnesses.

Art. III, Sec. 3 - Privacy of Communication

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when public safety/order requires otherwise; inadmissibility applies to illegally obtained evidence.

Art. III, Sec. 5 - Religious Freedom

No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required for the exercise of civil or political rights.

Art. III, Sec. 6 - Liberty of Abode and Travel

Liberty of abode and changing the same shall not be impaired except upon lawful order of the court; right to travel shall not be impaired except in the interest of national security, public safety, or public health.

Art. III, Sec. 7 - Right to Information

Right of the people to information on matters of public concern shall be recognized, including access to official records, documents, and research data used for policy development.

Art. III, Sec. 8 - Right to Form Associations

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Art. III, Sec. 9 - Eminent Domain / Just Compensation

Private property shall not be taken for public use without just compensation.

Art. III, Sec. 10 - Non-Impairment Clause

No law impairing the obligation of contracts shall be passed.

Art. III, Sec. 11 - Free Access to Courts

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Social and Economic Rights

Rights directed towards ensuring people's well-being, happiness, and financial security, including self-determination, right to work, trade unions, social security, family rights, adequate standard of living, health, education, property, and social justice.

Cultural Rights

Rights aiming at preserving and enriching national culture through free artistic and intellectual expression, including participation in cultural life, sharing scientific advancement, and protection of moral/material interests of authors.

Political Rights

Rights that include natural justice (procedural fairness) in law, such as rights of the accused, fair trial, due process, redress/legal remedy, and participation in civil society and politics (freedom of association, assembly, petition, self-defense, and the right to vote).

Suffrage / Right to Vote

Embodied in UDHR Art. 21, ICCPR Art. 25, and 1987 Philippine Constitution Art. V, Sec. 1-2; recognizes that sovereignty resides in the people, and voting is an exercise of that sovereignty.

Qualifications of Voters (Art. V, Sec. 1)

Citizens of the Philippines who are at least 18 years of age, have lived in the Philippines for at least one year, resided in the place where they propose to vote for at least six months immediately preceding the election, and have not been disqualified by law.

Disqualifications from Voting

1. Sentenced by final judgment to imprisonment for not less than one year (regains right 5 years after service of sentence); 2. Adjudged by final judgment of crimes involving disloyalty (rebellion, sedition, anti-subversion, firearms, national security) unless restored or 5 years post-sentence; 3. Insane or incompetent persons declared by competent authority.

RA 9189 (Overseas Absentee Voting Law)

Entitles all Filipino citizens overseas (not otherwise disqualified by law, immigrants, and permanent residents with affidavit of intent to resume residence) to vote for national positions: president, vice president, senators, and party-list representatives.