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Pormento v. Estrada, GR 191988 Aug 31, 2010 (4) Those who are naturalized in accordance
with law.
The presidency is a once in a lifetime
opportunity since there is a constitutional ban SECTION 2. Natural-born citizens are those who
on reelection. are citizens of the Philippines from birth
without having to perform any act to acquire or
In the case at bar the petitioner perfect their Philippine citizenship. Those who
questions if Estrada should be allowed to run elect Philippine citizenship in accordance with
for presidency because he was successfully paragraph (3), Section 1 hereof shall be deemed
elected to the position back in 1998. However, natural-born citizens.
the SC held that the issue is not moot and
Natural Born Filipino, Defined.
academic since Estrada lost the 2010
presidential elections. The COMELEC resolution Fournier v. Comelec
held that the constitutional provision only
applies to incumbent presidents. Natural born Filipinos are those who are
citizens from birth without having to perform
President Qualifications any act to acquire or perfect their citizenship,
PC Art VII Sec 2 with the exception that those who elect
citizenship under Sec 1(3) Art IV shall be also
SECTION 2. No person may be elected President deemed as such.
unless he is a natural-born citizen of the
Fournier filed a disqualification case
Philippines, a registered voter, able to read and
write, at least forty years of age on the day of against Fernando Poe Jr because his parents
were not Filipino. The court held that because and Marcos’ domicile was acquired from her
of the Jones Law, FPJ’s grandfather became a parents when she was a child.
Filipino Citizen and such citizenship was passed
Domino v. Comelec
down to FPJ’s father and to FPJ through the
1935 constitution. Residency, synonymous with domicile in
cases of election, requires not only physical
Foundling as Natural born
presence but the intention to make such place
Foundlings are to be considered as one’s permanent place of residence.
Natural Born Citizens as they do fall under the
category that they do not have to do anything The candidate in this case was deemed
not to have fulfilled the residency requirements
to acquire or perfect such citizenship.
as he was not able to prove the intent of
This case revolves around the permanency as his house was merely leased,
disqualification case filed against Grace Poe for and the acts he committed to abandon his old
the 2010 presidential elections. Atty Tatad domicile fell short of the one year requirement.
assails that foundlings cannot be deemed as
natural born Filipino citizens because of the Period of residence
silence and exclusion of such from the Poe v. Comelec
constitutional enumeration. The court held that
Commisioner Rafols intended to include Residency in election cases, being
foundlings as citizens however there was not synonymous with domicile, requires not only
substantial number of foundlings to merit a physical presence but the intention to remain
special mention in the constitution. Further, the (animus manendi) and the intention to abandon
court held that Grace Poe did not do anything the old domicile (animus non revertendi).
to acquire such citizenship and her repatriation
The court ruled that Grace Poe has
under RA 9225 restores her status of a natural
shown sufficient evidence that as early as May
born citizen.
2005, she had done acts indicative of the
Residence Defined intention to abandon her domicile in the United
States like quitting her job, enrolling her
Marcos v. Comelec children, moving her belongings, etc.
For purposes of election qualification, Residence Requirement, rationale
residence is deemed to be synonymous with
domicile. Torayno v. Comelec
No Vice-President shall serve for more than two SECTION 7. The President-elect and the Vice-
consecutive terms. Voluntary renunciation of President-elect shall assume office at the
the office for any length of time shall not be beginning of their terms.
considered as an interruption in the continuity
If the President-elect fails to qualify, the Vice- The Congress shall, by law, provide who shall
President-elect shall act as President until the serve as President in case of death, permanent
President-elect shall have qualified. disability, or resignation of the Acting President.
He shall serve until the President or the Vice-
If a President shall not have been chosen, the President shall have been elected and qualified,
Vice-President-elect shall act as President until and be subject to the same restrictions of
a President shall have been chosen and powers and disqualifications as the Acting
qualified. President.
The Congress shall, by law, provide for the Whenever a majority of all the Members of the
manner in which one who is to act as President Cabinet transmit to the President of the Senate
shall be selected until a President or a Vice- and to the Speaker of the House of
President shall have qualified, in case of death, Representatives their written declaration that
permanent disability, or inability of the officials the President is unable to discharge the powers
mentioned in the next preceding paragraph. and duties of his office, the Vice-President shall
immediately assume the powers and duties of
Presidential Succession, in case of vacancy on the office as Acting President.
mid term
Thereafter, when the President transmits to the
PC Art VII Sec 8 President of the Senate and to the Speaker of
the House of Representatives his written
SECTION 8. In case of death, permanent declaration that no inability exists, he shall
disability, removal from office, or resignation of reassume the powers and duties of his office.
the President, the Vice-President shall become Meanwhile, should a majority of all the
the President to serve the unexpired term. In Members of the Cabinet transmit within five
case of death, permanent disability, removal days to the President of the Senate and to the
from office, or resignation of both the President Speaker of the House of Representatives their
and Vice-President, the President of the Senate written declaration that the President is unable
or, in case of his inability, the Speaker of the to discharge the powers and duties of his office,
House of Representatives, shall then act as the Congress shall decide the issue. For that
President until the President or Vice-President purpose, the Congress shall convene, if it is not
shall have been elected and qualified. in session, within forty-eight hours, in
accordance with its rules and without need of that there was an intention to resign as well as
call. acts of relinquishment on the part of Estrada
from his acts and omissions before, during and
If the Congress, within ten days after receipt of after such as the acknowledgement of the
the last written declaration, or, if not in session,
PGMA’s oath taking, leaving the palace, and the
within twelve days after it is required to
assemble, determines by a two-thirds vote of resignation letter.
both Houses, voting separately, that the
Vacancy in the office of the vice president, how
President is unable to discharge the powers and
duties of his office, the Vice-President shall act filled.
as the President; otherwise, the President shall
continue exercising the powers and duties of his PC Art VII Sec 9
office.
SECTION 9. Whenever there is a vacancy in the
Estrada v. Desierto Office of the Vice-President during the term for
which he was elected, the President shall
The determination of the president’s nominate a Vice-President from among the
inability is determined by Congress and cannot Members of the Senate and the House of
be subject to judicial review. Representatives who shall assume office upon
confirmation by a majority vote of all the
Then president Estrada sent a letter to
Members of both Houses of the Congress,
the Senate President and Speaker of the house
voting separately.
declairing his inability to exercise the powers
and duties of his office. By operation of law and Estrada v. Desierto
the constitution, the vice president Arroyo
succeeded the presidency with the full support In the vacancy of the office of the VP,
of both houses of congress. With this the court the president shall nominate a candidate which
is divested of power because of the principle of is to be confirmed by Congress on a majority
separation of powers. The issue lies on the full vote, voting separately.
discretionary authority of the legislative branch. Upon the assumption of Arroyo as
Resignation of the president president, Teofisto Guingona filled the vacancy
of the office of the Vice President upon
Estrada v. Desierto nomination of Arroyo and confirmation of
Congress.
The resignation of the president does
not envision a temporary inability to perform his Vacancy in both the presidency and vice
duties and powers but a permanent presidency, how filled
renunciation of the office.
PC Art VII Sec 10
Estrada contended that his letter
declaring his inability to perform the duties and SECTION 10. The Congress shall, at ten o’clock in
power of his office was a mere temporary the morning of the third day after the vacancy
inability rather than a full resignation of his in the offices of the President and Vice-
office. The court ruled based on a totality test President occurs, convene in accordance with
its rules without need of a call and within seven
days enact a law calling for a special election to the Batasang Pambansa. Appropriations for the
elect a President and a Vice-President to be special election shall be charged against any
held not earlier than forty-five days nor later current appropriations and shall be exempt from
than sixty days from the time of such call. The the requirements of paragraph (4), Section 16 of
bill calling such special election shall be deemed Article VIII of the Constitution. The convening of
certified under paragraph 2, Section 26, Article the Batasang Pambansa cannot be suspended nor
VI of this Constitution and shall become law the special election postponed. No special election
shall be called if the vacancy occurs within seventy
upon its approval on third reading by the
days before the date of the presidential election
Congress. Appropriations for the special
of 1987.
election shall be charged against any current
appropriations and shall be exempt from the Senators, number, how elected term of office
requirements of paragraph 4, Section 25, Article and term limit
VI of this Constitution. The convening of the
Congress cannot be suspended nor the special PC Art VI Sec 2
election postponed. No special election shall be
SECTION 2. The Senate shall be composed of
called if the vacancy occurs within eighteen
twenty-four Senators who shall be elected at
months before the date of the next presidential
large by the qualified voters of the Philippines,
election.
as may be provided by law.
PC Art VI Sec 25(4)
PC Art XVIII Sec 2(1) & 2
Section 25 (4) A special appropriations bill shall
specify the purpose for which it is intended, and SECTION 2. The Senators, Members of the
House of Representatives, and the local officials
shall be supported by funds actually available as
first elected under this Constitution shall serve
certified by the National Treasurer, or to be until noon of June 30, 1992.
raised by a corresponding revenue proposed
therein. Of the Senators elected in the election of 1992,
the first twelve obtaining the highest number
Omnibus Election Code (OEC) Art II S 14 of votes shall serve for six years and the
remaining twelve for three years.
Section 14 Special election for President and Vice-
President. - In case a vacancy occurs for the Office Tolentino v. Comelec
of the President and Vice-President, the Batasang
Pambansa shall, at ten o'clock in the morning of Although the Comelec failed to give
the third day after the vacancy occurs, convene in notice, the special election was deemed valid as
accordance with its rules without need of a call the right to hold the special election emanated
and within seven days enact a law calling for a from a statute and the law charges voters with
special election to elect a President and a Vice- knowledge of the time and place of elections.
President to be held not earlier than forty-five
days nor later than sixty days from the time of Following the vacancy caused by
such call. The bill calling such special election shall Guingona’s assumption of the office of the vice
be deemed certified under paragraph (2), Section president, congress called on the comelec to
19, Article VIII of the Constitution and shall call a special election in line with the regular
become law upon its approval on third reading by
election where the 13th highest voted senatorial court ruled that administrative ruling or even a
candidate will serve the unexpired term of law violating the constitution is null and void.
Guingona. The court held that despite the lack
Members of the House of Representatives,
of notice from comelec, RA 6645 already
charges voters with knowledge of this statutory number, how elected, term of office and term
limit
notice as well as the widespread media
coverage. PC Art VI Sec 5(1), (2) & (4)
PC Art VI Sec 4
SECTION 5. (1) The House of Representatives
shall be composed of not more than two
SECTION 4. The term of office of the Senators
hundred and fifty members, unless otherwise
shall be six years and shall commence, unless
fixed by law, who shall be elected from
otherwise provided by law, at noon on the
legislative districts apportioned among the
thirtieth day of June next following their
provinces, cities, and the Metropolitan Manila
election.
area in accordance with the number of their
respective inhabitants, and on the basis of a
No Senator shall serve for more than two uniform and progressive ratio, and those who,
consecutive terms. Voluntary renunciation of as provided by law, shall be elected through a
the office for any length of time shall not be party-list system of registered national,
considered as an interruption in the continuity regional, and sectoral parties or organizations.
of his service for the full term for which he was
elected.
(2) The party-list representatives shall
constitute twenty per centum of the total
Senator Qualifications number of representatives including those
under the party list. For three consecutive
PC Art VI Sec 3
terms after the ratification of this Constitution,
SECTION 3. No person shall be a Senator unless one-half of the seats allocated to party-list
representatives shall be filled, as provided by
he is a natural-born citizen of the Philippines,
law, by selection or election from the labor,
and, on the day of the election, is at least thirty- peasant, urban poor, indigenous cultural
five years of age, able to read and write, a communities, women, youth, and such other
registered voter, and a resident of the sectors as may be provided by law, except the
Philippines for not less than two years religious sector.
immediately preceding the day of the election.
(4) Within three years following the return of
Pimentel v. Comelec every census, the Congress shall make a
reapportionment of legislative districts based
The requirements imposed by the on the standards provided in this section.
constitution may not be amended by law or
mere resolutions PC Art VI Sec 7
Mendoza v. Comelec
Latasa v. Comelec
Atong Paglaum v. Comelec The COMELEC shall, after due notice and
hearing, resolve the petition within fifteen (15)
Sectors to be represented by party list,
days from the date it was submitted for decision
enumerated but in no case not later than sixty (60) days
before election.
PC Art VI Sec 5(2)
RA 6645 Sec 2