Sunteți pe pagina 1din 7


Preliminary Examinations CITIZENSHIP Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] 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. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. 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. CITIZENSHIP -membership in a political community with all its concomitant rights and responsibilities -confers certain prerogatives and exclusive rights EFFECTIVITY DATE OF PHILIPPINE CONSTITUTIONS 1987- February 2, 1987 1973- January 17, 1973 1935- May 14, 1935 Jones Law of 1916 Philippine Bill of 1902 NOTE: A persons citizenship is always governed by the prevailing Constitution at the time of his birth GENERAL CATEGORIES OF A FILIPINO CITIZEN 1. Natural Born Citizens 2. Naturalized Citizens NATURAL BORN CITIZENS 1. Filipino citizen from birth 2. Without having to perform acts which shall acquire or perfect Philippine citizenship As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippine and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided. 3. Those born before January 17, 1973 of Filipino mothers who elected Philippine citizenship upon reaching the age of majority MODES OF ACQURING CITIZENSHIP 1. Jus Sanguinis Citizenship is conferred by virtue of blood relationship -followed by Philippine laws -only applies to children of natural filiations, not adoption 2. Jus Soli Citizenship is conferred by virtue of place of birth 3. Naturalization the legal act of adopting an alien and clothing him with the privilege of a native born citizen ACQUISITION AND LOSS OF PHILIPPINE CITIZENSHIP 1. NATURALIZATION mode of both acquisition and reacquisition of Philippine citizenship -governed by CA 473, as amended 2. REPATRIATION results in the recovery of the original nationality 3. DIRECT ACT OF CONGRESS Bengson III vs House of Representatives Electoral Tribunal Naturalization is mode for both acquisition and reacquisition of Philippine citizenship. As a mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth Act No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippine citizenship is governed by Commonwealth Act No. 63.16 Under this law, a former Filipino citizen who wishes to reacquire Philippine citizenship must possess certain qualifications and none of the disqualification mentioned in Section 4 of C.A. 473.18 Repatriation, on the other hand, may be had under various statutes by those who lost their citizenship due to: (1) desertion of the armed forces; (2)services in the armed forces of the allied forces in World War II; (3) service in the Armed Forces of the United States at any other time, (4) marriage of a Filipino woman to an alien; and (5) political economic necessity

Preliminary Examinations Mercado vs Manzano -Sec 5, Art IV is not self-executing, Sec 40, par D of RA 7160(Local Government Code) is the implementing law. It follows that since it is dual allegiance that is prohibited in the Constitutional provision, what should be prohibited in the implementing law should also be dual allegiance. -In cases of apparent conflict between the constitutional provision and a provision of law, efforts must be given to reconcile them both. To begin with, dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent application of the different laws of two or more states, a person is simultaneously considered a national by the said states. For instance, such a situation may arise when a person whose parents are citizens of a state which adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following classes of citizens of the Philippines to possess dual citizenship: (1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle of jus soli; (2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their father's' country such children are citizens of that country; (3) Those who marry aliens if by the laws of the latter's country the former are considered citizens, unless by their act or omission they are deemed to have renounced Philippine citizenship. There may be other situations in which a citizen of the Philippines may, without performing any act, be also a citizen of another state; but the above cases are clearly possible given the constitutional provisions on citizenship. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual's volition. RA 9225: DUAL CITIZENSHIP LAW -Oath of allegiance executed before the local civil registrar to reacquire Philippine citizenship -Derivative Citizenship- the unmarried child below 18 years of age of those who re-acquired Philippine citizenship shall be deemed citizens of the Philippines -Dual citizens may run for election, however, they must renounce their foreign citizenship So vs Republic Naturalization signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen Under current and existing laws, there are three ways by which an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139; (b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien C.A. No. 473 and R.A. No. 9139 are separate and distinct laws the former covers all aliens regardless of class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to the Philippines and affinity to the customs and traditions Valles vs COMELEC In order that citizenship may be lost by renunciation, such renunciation must be express. Petitioners contention that the application of private respondent for an alien certificate of registration, and her Australian passport, is bereft of merit Thus, the fact that the private respondent had dual citizenship did not automatically disqualify her from running for a public office. Furthermore, it was ruled that for candidates with dual citizenship, it is enough that they elect Philippine citizenship upon the filing of their certificate of candidacy, to terminate their status as persons with dual citizenship. The filing of a certificate of candidacy sufficed to renounce foreign citizenship, effectively removing any disqualification as a dual citizen Re: Application for admission to the Philippine Bar by Vicente D. Ching Under Section 1 thereof, legitimate children born of Filipino mothers may elect Philippine citizenship by expressing such intention "in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the

Preliminary Examinations oath of allegiance to the Constitution and the Government of the Philippines." However, the 1935 Constitution and C.A. No. 625 did not prescribe a time period within which the election of Philippine citizenship should be made. The 1935 Charter only provides that the election should be made "upon reaching the age of majority." The age of majority then commenced upon reaching twenty-one (21) years. The phrase "reasonable time" has been interpreted to mean that the election should be made within three (3) years from reaching the age of majority. However, we held in Cuenco vs. Secretary of Justice, 12 that the three (3) year period is not an inflexible rule. INHERENT POWERS OF THE STATE -primarily lodged in the legislature -may be delegated to; a. local government units b. administrative bodies c. quasi-public corporations d. President -Public Use- expanded the definition to include vicarious advantages -indirect advantage to the public -ex: concern for the poor POLICE POWER -most extensive, less limitable -concerns not only private property but also life and liberty -can also affect public government property -subordination of individual benefit to the interests of the greater number -may not be bargained away through the medium of a contract or even a treaty -primarily lodged in the Legislature -Requisites: a. Lawful subject b. Lawful means LAWFUL SUBJECT -the subject of the measure is within the scope of the police power -activity sought to be regulated affects the public welfare LAWFUL MEANS -the lawful objective must be pursued through a lawful method -both end and means must be legitimate As hereinabove elaborated upon, the issuance of business licenses and permits by a municipality or city is essentially regulatory in nature. The authority, which devolved upon local government units to issue or grant such licenses or permits, is essentially in the exercise of the police power of the State within the contemplation of the general welfare clause of the Local Government Code. -the restriction of his liberty is reasonably related to the purpose sought to be accomplished and cannot be considered unduly oppressive upon him. MMDA vs Bel-Air Village Association, Inc Police power is an inherent attribute of sovereignty. It has been defined as the power vested by the Constitution in the legislature to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and for the subjects of the same. It bears stressing that police power is lodged primarily in the National Legislature. It cannot be exercised by any group or body of individuals not possessing legislative power. The National Legislature, however, may delegate this power to the President and administrative boards as well as the lawmaking bodies of municipal corporations or local government units. Once delegated, the agents can exercise only such legislative powers as are conferred on them by the national lawmaking body. There is no syllable in R.A. No. 7924 that grants the MMDA police power, let alone legislative power. Even the Metro Manila Council has not been delegated any legislative power. Unlike the legislative bodies of the local government units, there is no provision in R.A. No. 7924 that empowers the MMDA or its Council to "enact ordinances, approve resolutions appropriate funds for the general welfare" of the inhabitants of Metro Manila. Acebedo Optical Company vs CA The scope of police power has been held to be so comprehensive as to encompass almost all matters affecting the health, safety, peace, order, morals, comfort and convenience of the community. Police power is essentially regulatory in nature and the power to issue licenses or grant business permits, if exercised for a regulatory and not revenue-raising purpose, is within the ambit of this power.

Preliminary Examinations EMINENT DOMAIN -upon payment of just compensation, forcibly acquire the needed property in order to devote it to the intended purpose -does not need to be specifically conferred on the government by the Constitution ELEMENTS OF EMINENT DOMAIN 1. Taking of private property 2. Public purpose 3. Payment of just compensation 4. Observance of due process Due Process- Rule 67 of the Rules of the Court a. Notice b. Opportunity to Question -Vindictive -Authority -Capricious Taking- may include trespass without actual eviction of the owner, material impairment of the value of the property or prevention of the ordinary uses from which the property was intended Instances where just compensation need not be paid -the prejudice suffered by the individual property owner is shared in common with the rest of the community. Acquisition of the Easement of the Right of Way -within the purview of eminent domain -the owner cannot destroy the thing placed -the owner of the property has the right to just compensation Roxas vs CA - CARL is both an exercise of police power and eminent domain -Eminent domain is compulsory sale to the government -Money is the traditional form of just compensation -The framers of the Constitution knew that the government cannot pay just compensation outright. The implementation of the CARL is an exercise of the States police power and the power of eminent domain. To the extent that the CARL prescribes retention limits to the landowners, there is an exercise of police power for the regulation of private property in accordance with the Constitution.But where, to carry out such regulation, the owners are deprived of lands they own in excess of the maximum area allowed, there is also a taking under the power of eminent domain. The taking contemplated is not a mere limitation of the use of the land. What is required is the surrender of the title to and physical possession of the said excess and all beneficial rights accruing to the owner in favor of the farmer beneficiary. TAXATION -taxes are the enforced proportional contributions from persons and property, levied by the State by virtue of its sovereignty, for the support of government and for all public needs CJ John Marshall- The power to tax includes the power to destroy. -correct. -valid as an implement of the police power in discouraging and in effect ultimately prohibiting certain things or enterprises inimical to the public welfare. Justice Holmes- The power to tax does not include the power to destroy. -modern view -purpose of taxation is to raise revenue -it cannot be allowed to confiscate or destroy, otherwise, it would be declared unconstitutional TAXES Power of Taxation Raising Revenue Unlimited amount TAXES Due to the government Sovereign capacity Compulsory NOTE: Taxes compensation cannot be LICENSES Police Power Regulatory Limited amount DEBTS Due to the government Corporate capacity Matter of bargain subject to offsetting and

Preliminary Examinations TAXATION Power of the State to demand enforced contributions for public purposes POLICE POWER Power of the State to enact such laws in relation to persons and property as may promote public health, safety, morals, and the general welfare of the public Only the government and its political subdivisions Use of property is regulated of promoting the general welfare Operates upon a community, a class of individuals or their property No transfer of ownership of the property seized, at most there is restraint on the injurious use of the property Restraint on the exercise of a right Persons affected receive no direct benefit but only as such as may arise from the maintenance of the healthy economic standard of society EMINENT DOMAIN Power of the State to take private property for public use upon paying to the owner a just compensation to be ascertained according to law May be granted to public service or public utility Property is taken for public use Operates on an individual as the owner of a particular property There is transfer of ownership or a lesser right of the property


Authority exercising the power Purpose

Persons affected


Only the government or its political subdivisions Enforced contribution is demanded for the support of the government Operates upon a community, a class of individuals or their property Money contributed in the concept of taxes becomes part of public funds

Benefits received

Amount of imposition

Presumed that the taxpayer receives the equivalent of what he contributed in the form of protection from the government, and the enjoyment of living in a civilized society Generally no limit as to amount of tax to be imposed

Person affected receives just compensation for the property taken from him

Relationship to the Constitution

Subject to certain Constitutional limitations

Amount imposed should not be more than that sufficient to cover the cost of the license and the necessary expenses of regulation Relatively free from Constitutional limitations and is superior to the nonimpairment provisions

No amount imposed, since it is property which is taken

Subject to certain Constitutional limitations

Preliminary Examinations DUE PROCESS Corona vs United Harbor Pilots Association of the Phils Section 1. 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. When one speaks of due process of law, however, a distinction must be made between matters of procedure and matters of substance. In essence, procedural due process refers to the method or manner by which the law is enforced, while substantive due process requires that the law itself, not merely the procedures by which the law would be enforced, is fair, reasonable, and just. VOID FOR VAGUENESS DOCTRINE -requires the intrinsic validity of the law which should be fair and just -for a to be valid; a. Valid governmental objective b. Pursued in a lawful manner PROCEDURAL DUE PROCESS -manner and method by which the law is enforced is arbitrary, whimsical and oppressive -requirements: a. Notice b. Right to be heard JUDICIAL DUE PROCESS 1. There must be an impartial court or tribunal clothed with judicial power to hear and determine the matter before it. 2. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding. 3. The defendant must be given an opportunity to be heard. 4. Judgment must be rendered upon lawful hearing. ADMINISTRATIVE DUE PROCESS 1. The right to a hearing which includes the right to present ones case and submit evidence in support thereof. 2. The tribunal must consider the evidence presented. 3. The tribunal must have something to support itself 4. The evidence must be substantial. 5. The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 6. The tribunal or body or any of its judges must act on its or his own independent consideration of law and facts of the controversy and not simply accept the views of a subordinate in arriving at a decision. 7. The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered. Due process requires that the terms of a penal statute must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties. A criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute, or is so indefinite that it encourages arbitrary and erratic arrests and convictions, is void for vagueness. The constitutional vice in a vague or indefinite statute is the injustice to the accused in placing him on trial for an offense, the nature of which he is given no fair warning. As a rule, a statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in two respects: (1) It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and (2) It leaves law enforcers unbridled discretion in carrying out its provisions and become an arbitrary flexing of the Government muscle. DOCTRINE OF OVERBREADTH A statute may be said to be overbroad where it operates to inhibit the exercise of individual freedoms affirmatively guaranteed by the Constitution, such as the freedom of speech or religion. A generally worded statute, when construed to punish conduct which cannot be constitutionally punished is unconstitutionally vague to the extent that it fails to give adequate warning of the boundary between the constitutionally permissible and the constitutionally impermissible applications of the statute

-a guaranty against any act of government which are capricious whimsical and arbitrary SUBSTANTIVE DUE PROCESS

Preliminary Examinations EQUAL PROTECTION - a guaranty against unjust discrimination from the government -equality among equals -all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed -substantive equality is not enough, the law should be enforced and applied equally CLASSIFICATION -the grouping of persons or things similar to each other in certain particulars and different from all others in these same particulars REQUIREMENTS OF A VALID CLASSIFICATION 1. It must be based upon substantial distinctions. 2. It must be germane to the purposes of the law. 3. It must not be limited to existing conditions only. 4. It must apply equally to all members of the class INSTANCES OF VALID WARRANTLESS SEARCHES 1. Search incidental to a lawful arrest 2. Consented search 3. Stop and Frisk 4. Plain View 5. Search on a moving vehicle 6. Custom search 7. Check points INSTANCES OF VALID WARRANTLESS ARRESTS 1. In flagrante delicto- When the person to be arrested has committed, is actually committing, or is attempting to commit an offense in his presence 2. Hot pursuit- When an offense has just been committed and there is probable cause to believe, based on his personal knowledge of other circumstances, that the person to be arrested committed the offense. 3. Escapee- When the person to be arrested is a prisoner who has escaped from a penal establishment or place where is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another

SEARCHES AND SEIZURES Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. - available to all persons, including aliens, whether accused of a crime or not -right to be left alone -personal privacy of an individual -enforced upon a person not a place -not all searches and seizures are prohibited -there must be a valid warrant of arrest or search warrant REQUISITES OF A VALID WARRANT 1. Probable cause 2. Determined personally by a judge 3. Determination must be made after examination under oath 4. Particularly describing the place to be searched and the persons or things to be seized 2-Unreasonable searches and seizures 3- Privacy of communication 12- Custodial rights 17- Self incrimination RIGHT TO PRIVACY -right to privacy is a constitutional right -right to privacy is the right to be left alone - expressly provided in Section 3 of Art III -other facets of right to privacy: 1, 2, 3, 6, 8, 17 1- Due process and equal protection 2- Unreasonable searches and seizures 3- Privacy of communication and correspondence 6- Liberty of abode 7- Freedom of Association 17- Right against self-incrimination Evidence -competence -relevance -material