What is citizenship, naturalization?
Citizenship is personal and, more or less a permanent
membership in a political community.
It denotes possession within that particular political community of full civil
and political rights subject to special disqualifications. Reciprocally, it
imposes the duty of allegiance to the political community.[1] The core of
citizenship is the capacity to enjoy political rights, that is, the right to
participate in government principally through the right to vote, the right to
hold public office and the right to petition the government for redress of
grievance.[2]
No less than the 1987 Constitution enumerates who are
Filipino citizens. Among those listed are citizens by naturalization.
Naturalization refers to the
legal act of adopting an alien and clothing him with the privilege of a
native-born citizen.
Under the present laws, the process of naturalization can be judicial or
administrative. Judicially, the Naturalization Law provides that after hearing
the petition for citizenship and the receipt of evidence showing that the
petitioner has all the qualifications and none of the disqualifications required
by law, the competent court may order the issuance of the proper naturalization
certificate and its registration in the proper civil registry. On the other
hand, Republic Act (R.A.) No. 9139 provides that aliens born and
residing in the Philippines may be granted Philippine citizenship by
administrative proceeding by filing a petition for citizenship with the Special
Committee, which may approve the petition and issue a certificate of
naturalization.[3]
It is a well-entrenched rule that Philippine citizenship should not easily be given away.[4] All those seeking to acquire it must prove, to the satisfaction of the Supreme Court, that they have complied with all the requirements of the law. The reason for this requirement is simple. Citizenship involves political status; hence, every person must be proud of his citizenship and should cherish it. Naturalization is not a right, but one of privilege of the most discriminating, as well as delicate and exacting nature, affecting, as it does, public interest of the highest order, and which may be enjoyed only under the precise conditions prescribed by law therefor.[5]
No less than the 1987 Constitution enumerates who are
Filipino citizens. Among those listed are citizens by naturalization.
Naturalization refers to the
legal act of adopting an alien and clothing him with the privilege of a
native-born citizen.
Under the present laws, the process of naturalization can be judicial or
administrative. Judicially, the Naturalization Law provides that after hearing
the petition for citizenship and the receipt of evidence showing that the
petitioner has all the qualifications and none of the disqualifications required
by law, the competent court may order the issuance of the proper naturalization
certificate and its registration in the proper civil registry. On the other
hand, Republic Act (R.A.) No. 9139 provides that aliens born and
residing in the Philippines may be granted Philippine citizenship by
administrative proceeding by filing a petition for citizenship with the Special
Committee, which may approve the petition and issue a certificate of
naturalization.[3]
It is a well-entrenched rule that Philippine citizenship should not easily be given away.[4] All those seeking to acquire it must prove, to the satisfaction of the Supreme Court, that they have complied with all the requirements of the law. The reason for this requirement is simple. Citizenship involves political status; hence, every person must be proud of his citizenship and should cherish it. Naturalization is not a right, but one of privilege of the most discriminating, as well as delicate and exacting nature, affecting, as it does, public interest of the highest order, and which may be enjoyed only under the precise conditions prescribed by law therefor.[5]
[1] Fr. Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of
the Philippines: A Commentary, 2009 ed., p. 629.
[2] Id. at p. 629-630.
[3] Republic Act No. 9139 entitled "An Act Providing for the Acquisition of
Philippine Citizenship for Certain Aliens by Administrative Naturalization
and for Other purposes".
[4] Tochip v. Republic, 121 Phil. 248, 250 (1965).
[5] Cuaki Tan Si v. Republic, 116 Phil. 855, 857 (1962).