Citizenship: Concepts, Significance, and the Active Filipino Citizen

Defining Citizenship and its Legal Basis

• General Concept of Citizenship: Citizenship or pagkamamamayan refers to being a member or official constituent of a state as dictated by law. It signifies the relationship between an individual and a state.

• Murray Clark Havens (1981) Definition: Citizenship is the bond between an individual and a state. It defines the individual’s membership in the state where, as a citizen, the person exercises specific rights and performs duties.

• The Element of Residency: Not everyone residing in a country is considered a citizen. Foreigners living in the country for purposes such as studying, tourism, or business are not citizens of that country but remain citizens of their home nations.

The Filipino Citizen According to the 1987 Constitution

Article IV, Sections $1$ to $5$ of the 1987 Philippine Constitution provides the legal basis for who is considered a Filipino citizen:

• Section 1: The following are citizens of the Philippines:

  • Those who are citizens of the Philippines at the time of the adoption of this 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.

  • Those who are naturalized in accordance with law.

• Section 2: 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.

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

• Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

• Section 5: Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

Principles of Acquiring Citizenship

There are two primary principles followed globally for determining citizenship at birth:

• Jus Sanguinis (Right of Blood): Citizenship is determined by the bloodline or citizenship of the parents or one of them. This is the principle followed in the Philippines. For example, if an Indian national gives birth in the Philippines, the child is an Indian citizen because the parents are Indian.

• Jus Soli (Right of Soil): Citizenship is determined by the place of birth, regardless of the parents' citizenship. This principle is followed in the United States of America. For example, a child born to Filipino parents in the U.S. becomes an American citizen under this rule.

Loss and Reacquisition of Philippine Citizenship

According to Section $3$ of the Constitution, citizenship can be lost but also regained under valid circumstances.

Common Causes for Losing Citizenship:

• Naturalization in another country.

• Expatriation, or the voluntary renunciation of citizenship.

• Taking an oath of allegiance to a foreign constitution upon reaching $10$ to $20$ years of residence abroad.

• Serving in the armed forces of a foreign country.

• Marrying a foreigner and following their citizenship.

Methods to Reacquire Citizenship:

• Naturalization: A legal process where a country accepts a foreigner and grants them the same rights as its citizens. This can be achieved through a court judgment or an act of Congress. Those who undergo this are called naturalized citizens.

• Repatriation: The voluntary return of a person to their original country after recovering their citizenship.

• Action of Congress: The response of the House of Representatives regarding an application to become a Filipino citizen.

• Government Pardon: Typically reserved for soldiers who deserted the Armed Forces but are granted a pardon by the government, particularly if the desertion happened while in the line of duty during wartime.

Importance of Civic and Political Participation

• Civics Defined: This refers to being a good citizen of a country. A good citizen must participate in various civic activities and fulfill responsibilities to achieve national development.

• Development and the Citizen Element: The progress of a state is permitted and driven by its most important element: the citizens. Economic, political, and social problems are addressed through how people interact and help protect human rights, dignity, and potential.

• Shared Responsibility: Development depends on the continuous joint action of citizens and the government. A famous guiding principle states: "A citizen should not ask what their country can do for them, but ask what they can do for their country."

• Democracy and Power: In a democratic republic like the Philippines, power resides with the people. Citizens are the guardians of the government and choose their leaders during elections. Therefore, elected officials are expected to serve the common good. If they fail, the people have the right to remove them and push for necessary reforms.

• Historical Precedents of Active Participation: Filipinos have historically fought for reforms from the colonial era to the establishment of the Republic. The $1986$ EDSA Revolution is a prime example where Filipinos united to oust leaders involved in corruption and human rights violations, proving that citizens are not mere observers but active participants in government oversight.

Forms of Active Citizenship and Engagement

• Voting and Elections: Participation in elections is a fundamental right, but it requires more than just casting a vote; it requires scrutinizing candidates based on their ability and platform rather than popularity.

• Political Accountability: Active political participation ensures officials are held accountable for corruption or negligence.

• Civic Organizations: These groups help protect and promote the democratic process. Examples include:

  • NAMFREL (National Citizens' Movement for Free Elections): Organized in $1983$; it was the first election-monitoring organization recognized by the Commission on Elections (COMELEC) to perform a quick count in $1984$. It has thousands of volunteers from various sectors.

  • PPCRV (Parish Pastoral Council for Responsible Voting): Formed in $1991$ under the leadership of priests, spearheaded by Archbishop Jaime Cardinal Sin, as a response to the Church’s call to help during elections.

• Non-Election Participation: Engagement can occur through direct dialogue with officials, providing suggestions for social welfare, supporting government projects, and volunteering in civic organizations to solve community problems.

Essential Characteristics of an Active Citizen

1. Patriotic (Makabansa):

   • Promotes cooperation, unity, and solidarity.

   • Assists the community during calamities.

   • Respects national symbols. Article XVI, Section $1$ of the Constitution dictates that the Philippine flag (Red, White, and Blue with a sun and three stars) must be honored by the people.

   • Follows the Constitution and all laws, no matter how simple (e.g., crossing the street at the proper pedestrian lane).

   • Supports local products to help the economy.

   • Examples include the heroism of $12$-year-old Janela Lelis, who saved the national flag during a storm/flood, and modern heroes like OFWs and COVID-$19$ frontliners.

2. Humane (Makatao):

   • Respects and protects the rights of others.

   • Operates with the understanding that every right carries a responsibility not to harm others.

3. Productive (Produktibo):

   • Works honestly and efficiently with initiative.

   • Historical example: The Ifugao ancestors who built the Banaue Rice Terraces through diligence and hard work.

   • Focuses on developing skills to contribute to the economy.

4. Courageous and Confident (May Lakas ng Loob at Tiwala sa Sarili):

   • Displayed by historical heroes who fought colonizers (Spanish, American, Japanese).

   • Shown by OFWs who leave their families to work abroad for a better life.

5. Rational/Just (Makatuwiran):

   • Considers the welfare of the majority over personal interest and acts according to what is right and legal.

6. Helpful to Others (Matulungin sa Kapwa):

   • A natural Filipino trait of being charitable, especially toward the underprivileged and those suffering from disasters or accidents.

7. Globally Conscious (Makasandaigdigan):

   • Considers the welfare not only of their own country but of the entire world.

Questions and Discussion

• Question: Is it true that a Filipino soldier who betrays the country loses their citizenship and cannot get it back?

• Answer: While citizenship can be lost through acts like betrayal or desertion, it can be reacquired through methods such as a government pardon or an act of Congress.

• Scenario Exercise: Chelsea Angel Rapisura, a Grade $7$ student, remained standing in an open field during a rainstorm to finish singing the national anthem despite being told to take cover.

• Conclusion: This illustrates the characteristic of being Makabansa (Patriotic) and showing high respect for national symbols and the republic.