The Philippine Citizenship [Part I]

The Clearing Point

R. CHAM G. ZUÑIGA VI, LL.B., MLGM, Ph.D.

The Philippine Citizenship

This article is presented in series. It is hope that it would guide readers on the concept of Philippine citizenship. This is Part I of the series.

In the case of Fornier versus COMELEC and Ronald Allan Kelly Poe, also known as Fernando Poe Jr., docketed as G. R. No. 161824 and promulgated on March 3, 2004, the Supreme Court of the Philippines pointed out that “citizenship is a treasured right conferred on those whom the state believes are deserving of the privilege. It is a precious heritage, as well as an inestimable acquisition, that cannot be taken lightly by anyone - either by those who enjoy it or by those who dispute it.”

Greek philosopher Aristotle, in the book entitled The Principle of Politics (1946), as edited and translated by Ernest Larker, “gave the earliest concept of citizenship sometime in 384 to 322 B.C. when he described the “citizen” as “a man who shared in the administration of justice and in the holding of an office.” In other words, he defines citizenship as he who has the power to take part in the deliberative or judicial administration of any state. However, he saw significance of it to determine the constituency of the “State”, which he described as “being composed of such persons who would be adequate in number to achieve a self-sufficient existence.”

In the book, The Conditions of Citizenship, (1994) [as edited by Bart Van Steenbergen, Sage Publications, London, Thousand Oaks, New Delhi], Aristotle’s concept of citizenship was expanded to include “one who would both govern and be governed, for which qualifications like autonomy, judgment and loyalty could be expected. Citizenship was seen to deal with rights and entitlements, on the one hand, and with concomitant obligations, on the other.”

The concept of citizenship has three main elements. Citizenship as legal status is defined by civil, political and social rights. Under this element, the citizen is the legal person free to act according to the law and have the right to claims with the protection of the law. It need not mean that the citizen takes part in the law's formulation, nor does it require that rights be uniform between citizens. Citizenship as as political agents defined by actively participating in a society's political institutions. Citizenship as membership in a political community that furnishes a distinct source of identity.

The concept of citizenship had undergone several changes. In the 18^th century, the concept of citizenship was confined to civil citizenship. Under this concept, rights necessary for individual freedom were established. These rights refer to rights to property, personal liberty and justice.

In the 19^th century, the same concept was expanded to include political rights. And in the 20^th century, another expansion of the concept was made to include social citizenship.

What is social citizenship? This is the citizenship of an individual, which recognizes the right of the citizen to economic well-being and social security.

History books gave us the impression that Jose P. Rizal, Andres Bonifacio, and other inhabitants of the Philippines who fought against the Spanish government for the independence of the Philippines were citizens of the Philippines. Hence, they were Filipinos. The question is: Were they really citizens of the Philippines? To find the answer, let us take a deeper analysis of the historical events in the Philippines and decision of the Supreme Court.

The Spaniards executed Jose Rizal on December 30, 1898. The mediation that Andres Bonifacio did because of the misunderstanding among those who fight against the Spanish government was rebuffed by the clannish middle class of Cavite as divisive and harmful to unity. Gen. Emilio Aguinaldo, the elected president of the provisional revolutionary government, ordered the arrest, trial, and execution for "treason and sedition" of Bonifacio and his brothers. On May 10, 1897, Bonifacio was executed. Both of them died fighting for the freedom of the Philippines. They have given up their lives in the hope that the Philippines would be free from tyranny. They died before the Spain ceded to the United States their authorities over the Philippines.

(for feedback, the author may be reached at chamzun@gmail.com)