1.1.
Rights, Privileges, and Responsibilities of a Citizen
Citizenship means being a member of a state. As a member of a state, a citizen must be loyal to
the state and its government. In turn, a citizen enjoys the freedom, rights and protection under the
government of a state.
Two types of person living within the jurisdiction of the Republic of the Philippines:
o Aliens are people who live within the territory of the Philippines but “owe permanent
allegiance to a foreign country”.
They are not entitled to vote or run for elections.
They have limited business capabilities, and they cannot engage in professions
like law and medicine, among other restrictions.
They are protected by the state provided that they also obey the laws of the land
and pay taxes.
o Citizens meet the qualification stated under Section 1, Article IV of the 1987 Philippine
Constitution, which are:
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; and
Those who are neutralized in accordance with law.
Two kinds of citizens based on the manner by which citizenship is acquired:
o Natural-born citizens – Filipino citizens from birth without having to perform any act to
acquire citizenship.
Jus soli – citizenship is obtained based on the place of birth, regardless of the
citizenship of the parents.
Jus sanguinis – citizenship is based on the citizenship of the parents.
o Naturalized citizens – aliens who became citizens through naturalization or the legal act
of adopting alien and giving him the rights that belong to natural-born citizens.
Naturalization is a legal process whereby one renounces a foreign citizenship to
obtain Philippine citizenship.
To become a naturalized Philippine citizen, a foreigner must meet the following
conditions:
21 years of age at the time of the hearing of the petition;
Has resided in the Philippines continuously for no less than 10 years;
Has good moral character and believes in the Preamble of the
Constitution of the Philippines;
Has insoluble property worth no less than 5,000 pesos or owns a
business;
Can read and write in English, Spanish or any of the official languages of
the Philippines; and
At the time of his residency in the Philippines, his minor school-aged
children should be studying in a public or private school recognized by
the government of the Philippines and where teaching civics, history and
government of the Philippines is a part of its curricula.
A citizen of the Philippines loses his/her citizenship if he or she renounces Philippine
citizenship and takes an oath of allegiance to the flag and government of another country.
CIVIL CODE OF THE PHILIPPINES CHAPTER 1:
Effects and Application of Laws
Article 3: Ignorance: of the law excuses no one from compliance therewith;
Article 4: Rights may be waived, unless the waiver is contrary to law, public order, public policy,
morals, or good customs or prejudicial to a third person with a right recognized by law;
Article 9: No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of laws;
Article 11: Customs which are contrary to law, public order or public policy shall not be
countenanced;
Article 15: Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad:
Article 16: Real property as well as personal property is subject to the law of the country where is
situated;
CIVIL CODE OF THE PHILIPPINES CHAPTER 2:
Human Relations
Article 19: Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith;
Article 20: Every person who, contrary to law, willfully or negligently causes damage to another,
shall indemnify the latter for the same;
Article 21: Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage;
Article 22: Every person who through an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter without just or
legal ground, shall return the same to him;
Article 23: Even when an act or event causing damage to another’s property was not due to the fault
or negligence of the defendant, the latter shall be liable for indemnity if through the act or
event he was benefited;
Article 26: Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not
constitute criminal offense, shall produce a cause of action for damages, prevention and
other relief:
1) Prying into the privacy of another’s residence;
2) Meddling with or disturbing the private life or family relations of another;
3) Intriguing to cause another to be alienated from his friends; and
Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
1. The Right of Suffrage
The right to vote, also known as the right of suffrage, is stated in Section, Article V of the 1987
Constitution:
Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at
least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
Suffrage
- encompasses not only the process of selecting public officers but also the “expression of the
choice of people on a proposed law or enactment submitted to them for decision” (Ramirez 1969)
- the right of suffrage is not a natural right but a privilege given to the citizens.
Under Section 2 of Article V, the Congress shall be the one to formulate the processes to help
maintain the secrecy of the ballots as well as the procedure for the disabled and the illiterates to
vote without the assistance of other persons.
COMELEC (Commission on Elections) is the agency that enforces and administers all laws and
regulations to the conduct of elections in the country.
- Functions of the COMELEC based on Section 2, Article IX-C of the 1987b Constitution:
o Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
o Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction.
o Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
o Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.
o Register, after sufficient publication, political parties, organizations, or coalitions which,
in addition to other requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections.
o File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.
o Recommend to the Congress effective measures to minimize election spending, including
limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.
o Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to its directive, order, or decision.
Submit to the President and the Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
1.1. Decentralization and the Local Government
Decentralization of the government occurs when there is a transfer of authority, responsibility,
and resources from the central government to lower government units.
Local government “is the lowest level of elected territorial organization within a state” that has
the dual function of providing local public services and implementing national welfare policies.
Local government units include provinces, cities, municipalities, barangays, and other political
subdivisions created by law. Each unit is created based on income, population, and land area, and
may be abolished based on the same criteria.
It was in 1991 through the Local Government Code that the local government units were given the clear
mandate to govern and promote welfare of their constituents.
