Вы находитесь на странице: 1из 3

Election Law - Natural born citizen, able to read and write,

Nov.15 a registered voter, 40 years of age on the


day of election, and a resident of the
1.) How is the President elected? Philippines for at least 10 years, immediately
- The President is elected at large by direct preceding the elections.
vote for a term of 6 years. He is not eligible - Article 7, Sec. 3 says that the Vice President
for any re-election. must bear the same qualifications as the
President.
2. )The President shall not be eligible for any re-
election what does it mean? 10.) Who are citizens?
- The presidency is a once in a lifetime - Citizens at the time of the adoption of the
opportunity. He cannot be re-elected after Constitution
his term. - Fathers or mothers are citizens of the
Philippines
3.) Pormento v Comelec case - Born before January 17, 1973, of Filipino
- Estradas running for re-election is moot and mothers, who elect Philippine Citizenship
academic since he lost the 2010 Elections upon reaching the age of majority
already - Naturalized in accordance with law

4.) What is transcendental importance? 11.) Fornier v Comelec


- The rule on standing (locus standi) is a
matter of procedure, hence, can be 12.) How did the SC resolved issue on legitimacy?
relaxed for non-traditional plaintiffs like - The Constitution did not distinguish between
ordinary citizens, taxpayers, and legislators an illegitimate child and a legitimate child
when the public interest so requires, such as
when the matter is of transcendental 13.) Does not make a distinction whether legitimate
importance, of overreaching significance to or illegitimate, expound this.
society, or of paramount public interest. - As long as one can prove paternal filiation
that one is a son of his father, then it
5.) What if Estrada won the election, what could wouldnt matter if he/she is legitimate or not.
have been the decision of the SC?
- 14.) Who is a natural born citizen?
- Natural born citizens are citizens of the
6.) Missing element in the petition filed by Philippines from birth without having to
Pormento? perform any act to acquire or perfect their
- Temporary restraining order or preliminary citizenship, except those born before
injunction January 17, 1973 of Filipino mothers who
elect Philippine citizenship upon reaching
7.) Becoming President happens only once in a the age of majority.
lifetime?
- General Rule is Yes. Exception: Succession 15.) What is the main contention against the
upon the incapacity, death, resignation, or citizenship of FPJ?
removal from office of a sitting president. - His parents are foreigners: Father Spanish;
Mother American
8.) Does it apply to succession only or by election?
- It applies to both. The Constitution explicitly 16.) Is it enough for 1 parent to be a Filipino?
provides that no person who has - Yes. The 1987 Constitution provides that one
succeeded as President and has served as can be considered a Citizen if his father OR
such for more than four years shall be mother is a Filipino.
qualified for election to the same office at
any time. So either by succession or by 17.) The father of FPJ was he Filipino or Filipinized?
election, if he/she has served for more than - The Father of FPJ was Filipino. Tracing
4 years, he cannot anymore be elected as respondents paternal lineage, his
President. grandfather Lorenzo, as evidenced by the
latters death certificate was identified as a
9.) What are the qualities of a President? Does it Filipino Citizen. His citizenship was also drawn
apply to Vice President? from the presumption that having died in
1954 at the age of 84, Lorenzo would have
been born in 1870. In the absence of any - While the right to nationality is declared as a
other evidence, Lorenzos place of fundamental human right by the Universal
residence upon his death in 1954 was Declaration of Human Rights and some
presumed to be the place of residence prior international conventions, its specific
his death, such that Lorenzo Pou would application on foundlings is still a matter of
have benefited from the en masse State prerogative and discretion. A State
Filipinization that the Philippine Bill had has the exclusive prerogative to determine
effected in 1902. Being so, Lorenzos who its citizens are, which may be limited
citizenship would have extended to his son, only by international obligations that the
Allanrespondents father. State itself has assumed in International Law.

18.) How did the 1935 Constitution treat illegitimate 25.) Marcos v Comelec case
children insofar as citizenship is concerned?
- The 1935 Constitution did not distinguish or 26.) Meaning of domicile
make a distinction between legitimate or - Domicile means a legal residence which is
illegitimate children. the place where a person has fixed dwelling
with an intention of making it his/her
19.) Does the 1935 Constitution define who is a permanent home.
natural born citizen? - Requisites: Physical Presence, Intent to
remain permanently
SECTION 1. The following are citizens of the 27.) Kinds of domicile
Philippines: - Origin: domicile of parents of a person at
the time he/she was born
(1) Those who are citizens of the Philippine Islands - Choice: chosen by a person, changing his
at the time of the adoption of this Constitution. domicile of origin
(2) Born in the Philippine Islands of foreign parents - Operation of law
who, before the adoption of this Constitution, had 28.) Which kind of domicile does Marcos belong?
been elected to public office in the Philippine - Origin
Islands. 29.) What happened after she married Ferdinand?
(3) Whose fathers are citizens of the Philippines. - In 1954, she married late President Ferdinand
(4) Whose mothers are citizens of the Philippines Marcos when he was still a Congressman of
and, upon reaching the age of majority, elect Ilocos Norte and was registered there as a
Philippine citizenship. voter. When Pres. Marcos was elected as
(5) Naturalized in accordance with law. Senator in 1959, they lived together in San
Juan, Rizal where she registered as a
20.) Did FPJ do something to attain filipino voter. In 1965, when Marcos won
citizenship? presidency, they lived in Malacanang
- No, he did not. He acquired his citizenship Palace and registered as a voter in San
through his father. Miguel Manila. She served as member of
the Batasang Pambansa and Governor of
21.) Natural born citizen do not have to do Metro Manila during 1978.
anything to acquire citizenship, is that absolute
under the1987 constitution? 30.) How did the SC justified that she acquired or
- No, it is not. That is the general rule. The that she resided there with the period required by
exception is if one wants to elect Philippine law?
citizenship. (repatration- mere formality) 1. A minor follows domicile of her parents.
Tacloban became Imeldas domicile of origin by
22.) Poe v Comelec operation of law when her father brought them to
Leyte;
23.) What does International Law says about
foundlings? 2. Domicile of origin is only lost when there is actual
- UDHR, UNCRC, ICCPR: Obligation of a state removal or change of domicile, a bona fide
to grant nationality from birth and ensure intention of abandoning the former residence and
that no child is stateless. establishing a new one, and acts which correspond
with the purpose. In the absence and concurrence
24.) Philippines not a signatory of the treaties, how of all these, domicile of origin should be deemed to
did the SC justified that? continue.
3. A wife does not automatically gain the
husbands domicile because the term residence
in Civil Law does not mean the same thing in
Political Law. When Imelda married late President
Marcos in 1954, she kept her domicile of origin and
merely gained a new home and not domicilium
necessarium.

4. Assuming that Imelda gained a new domicile


after her marriage and acquired right to choose a
new one only after the death of Pres. Marcos, her
actions upon returning to the country clearly
indicated that she chose Tacloban, her domicile of
origin, as her domicile of choice. To add, petitioner
even obtained her residence certificate in 1992 in
Tacloban, Leyte while living in her brothers house,
an act, which supports the domiciliary intention
clearly manifested. She even kept close ties by
establishing residences in Tacloban, celebrating her
birthdays and other important milestones.