POLITICAL LAW
QUALITIES OF A GOOD WRITTEN CONSTITUTION
Political law – the branch of public law that deals with the organization and
operation of the governmental organs of the State and defines the relations
of the State with the inhabitants of its territory
Constitutional law – the study of the maintenance of the proper balance
between authority as represented by the three inherent powers of the State
and liberty as guaranteed by the Bill of Rights
Constitution – a body of rules and maxims in accordance wherein the powers
of sovereignty are habitually exercised. It is a WRITTEN instrument enacted
by the direct action of the people by which the fundamental powers of the
government are established, limited, and defined, and those powers are
distributed among the several departments for their safe and useful exercise
and for the benefit of the body politic.
BASIC PRINCIPLES
1. The Constitution is the SUPREME LAW of the Land
2. It is the symbol and monument of the people’s will
3. It outlines the infrastructures of the government
4. It must be obeyed by all
5. It may be modified either by amendment or by revision
6. The Courts are the ultimate guardians of our Constitution
CLASSIFICATION OF A CONSTITUTION
1. Written or unwritten
2. Conventional or cumulative
3. Rigid or flexible
Hence, our Constitution is WRITTEN, CONVENTIONAL, and RIGID
 Written Constitution – the provisions have been reduced to writing
 Unwritten Constitution – has not been reduced into writing but is the
collective product of a gradual political development, consisting of
unwritten usages, customary rules, judicial decisions, dicta of
statesmen, and legislative enactments of a fundamental character
written but scattered in various records without having any compact
form in writing
 Conventional – enacted deliberately and consciously by a constituent
body
 Cumulative – gradual political development
 Rigid – can be amended through a difficult process
 Flexible – can be changed by an ordinary legislation
1. Broad – fundamental powers are established, limited and defined,
and these powers are distributed among the several departments of
government
2. Brief – not intended to go into details of organization
3. Definite – because vagueness may cause incalculable harm, or it
may lead to opposing interpretations which may bring about chaos
and violence, instead of peace
THREE ESSENTIAL PARTS OF A CONSTITUTION
1. Constitution of liberty – the fundamental civil and political rights of
the citizens and the limitations on the powers of the government to
secure the enjoyment of the rights of the citizens
2. Constitution of Government – the provisions that enumerate the
powers of the government and outline its organization
3. Constitution of Sovereignty – the provisions on how changes in the
Constitution can be made
ARTICLE II – Declaration of Principles and State Policies
Six principles mentioned in sections 1 to 6:
1. Sovereignty resides in the people and all government authority
emanates from it
2. Renunciation of war as an instrument of national policy
3. Civilian authority is, at all times, supreme over the military
4. Prime duty of the Government is to serve and protect the people
5. Promotion of general welfare and maintenance of peace and order
6. Separation of church and the State
Sec. 1 – The Philippines is a DEMOCRATIC and REPUBLICAN STATE.
Sovereignty resides in the people and all government authority emanates
from them.
Republican government – a government run by the people through their
chosen representatives who, in turn, are accountable to the sovereign will of
the people. Mandate is derived from the people who elect them for a period
or a term fixed by law.
Basis: Secs. 1 and 4 of Article II and Sec. 1 of Art XI
CHARACTERISTICS OF A REPUBLICAN GOVERNMENT:
1. The people CHOOSE their representatives and public officials for a
period fixed by law
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 2. Said public officials are entrusted with the duty to serve the people
who choose them
3. The purpose of a republican government is to PROMOTE the
common welfare of the people according to the will of the people
4. The will is determined by the rule of majority
5. No person is above the law which means that it applies to everyone
regardless of status in life, creed, political and religious persuasion
and color of his skin
6. The principle of separation of powers and the system of checks and
balances is observed
7. The legislature CANNOT pass irrepealable laws
SEPARATION OF POWERS – it operates to maintain the legislative powers
to the legislative department, executive powers to the executive department,
and those which are judicial in character to the judiciary. The person
entrusted with power in any of the departments of government SHALL NOT
BE PERMITTED TO ENCROACH UPON THE POWER CONFIDED TO THE
OTHERS, but that each shall, by the law of its creation, be limited to the
exercise of the powers appropriate to its own department and no other.
There is no ABSOLUTE SEPARATION OF POWERS of the three branches
of the government. Each department is given certain powers by which each
may restrain the others from exceeding their constitutional authority.
The basis of such doctrine is the constitution itself that allocates powers to
each of the said departments on account of the principle that “the Philippines
is a democratic and republican state.”
MAJOR POWERS OF THE GOVERNMENT:
1. Executive
2. Legislative
3. Judicial
4. Independent Commissions: Civil Service Commission, Commission
on Elections, Commission on Audit, Commission on Human Rights
CHECKS AND BALANCES – one department is given certain powers by
which it may definitely restrain the others from exceeding constitutional
authority. It may object or resist any encroachment upon its authority, or it
may question any act which unlawfully interfere with its sphere of jurisdiction
and authority
Examples:
1. The legislature enacts law but these laws have to be presented to
the Executive Department for its approval
2. The courts are authorized to determine the validity of the said
legislative measures or executive acts
3. The executive department, through the pardoning power, may also
modify or set aside the judgment of the courts
>> When the law is clear, the court’s duty is to apply it not to interpret it
>> The court should discover the real intent and purpose of the legislature
>> When all other rules of statutory construction fail, it is presumed that the
law-making body intended right and justice to prevail
BLENDING POWERS – blending of powers is actually a sharing of powers of
the different departments of government whereby one department helps and
coordinates with the other in the exercise of a particular power, function, or
responsibility
Examples:
1. The President and Congress help one another in the making of laws.
Congress enacts the bill and the President approves the same
2. The President prepares a budget and Congress enacts an
appropriation bill pursuant to that budget
POLITICAL QUESTION – a question of policy; those questions which under
the Constitution are to be decided by the people in their sovereign authority
JUSTICIABLE QUESTION – refers to the legality or validity of a specific act
PRINCIPLE OF NON-DELEGATION OF POWERS (POTESTAS DELEGATA
NON DELEGARI POTEST) – power delegated cannot further be delegated;
the legislative must or cannot transfer the power of making laws to anybody
else or place it anywhere except where the people have
- The reason for the said principle is that it is both a matter of
necessity and expediency depending on the circumstances of each
case
CAN LEGISLATIVE POWERS BE DELEGATED?
- Generally, no. Except in the following cases:
1. When authorized by the Constitution such as in the following
cases:
a. The Congress may by law grant emergency powers to
be President
b. Congress may by law grant tariff powers to the President
2. Legislative powers may be delegated to local governments:
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 a. Police power has been expressly delegated by the
legislature to the law-making bodies
b. Eminent domain
3. Legislative powers may be delegated to the people at large:
a. Referendum – submission of an important legislative
measure to a direct vote of the whole people
b. Plebiscite – obtain a direct popular vote on a matter of
political importance
4. Legislative powers may be delegated to administrative bodies
>> Pork barrel – it is actually the collective body of rules and procedures that
govern the manner by which lump-sum and discretionary funds intended for
local projects will be utilized and spent through the respective participations
of the legislative and executive branches of the government
ELEMENTS THAT MAKE UP A PORK BARREL:
1. Lump-sum fund are allocated through the appropriations process to
an individual officer
2. The officer is given sole and broad discretion in determining how the
funds will be used
3. The guidelines on how to spend or use the funds are either vague,
overboard or inexistent
4. Projects funded are intended to benefit a definite constituency and to
help the political careers of the disbursing official by yielding rich
patronage benefits
TWO KINDS OF DISCRETIONARY PUBLIC FUNDS
1. The Congressional Pork Barrel or PDAF
2. The Presidential (or Executive) Pork Barrel or the Malampaya Funds
PRINCIPLES OF CONSTITUTIONAL LAW THAT WERE VIOLATED
1. It violated the principle of separation of powers
2. It violated the principle of non-delegability of legislative power
because legislators are allowed to individually exercise the power to
appropriate
3. The principles of local autonomy is violated
OPERATIVE FACT DOCTRINE – exhorts the recognition that until the
judiciary declares the invalidity of a certain legislative or executive act,
such act is presumed constitutional and thus, entitled to obedience and
respect and should be properly enforced and complied with.
CAN APPROPRIATED FUNDS UNDER SEC. 25(5) OF ART. VI BE
VALIDLY TRANSFERRED TO ANOTHER OFFICE?
- Yes, provided that the following requisites must be complied with:
1. There is a law authorizing the President and other government
officials to transfer funds within the respective offices
2. The funds to be transferred are savings generated from the
appropriations of their respective offices
3. The purpose of the transfer is to augment an item in the general
appropriations law of their respective offices
RULE OF MAJORITY
- The will of the greater number of people who choose their
representatives or to a number of people in a community who
choose their officers
DIFFERENT INTERPRETATIONS THAT CONSTITUTES A MAJORITY:
1. Proclamation of martial law or suspension of the privilege of Habeas
Corpus
2. Quorum of each house
3. Suspension or expulsion of a member
4. Constitutionality of a treaty, international or executive agreement or
law
5. A majority of one
WHY IS THE WORD “DEMOCRATIC” ADDED TO THE WORD
“REPUBLICAN”?
- The essence of a republican state is indirect rule BUT our present
constitution provides some features of pure and direct democracy
such as initiative and referendum
CONSTITUTIONAL AUTHORITARIANISM
- The president assumes extraordinary powers including legislative,
judicial and even constituent powers
Sec. 2 – the Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations
>> The Philippines RENOUNCES aggressive war BUT NOT defensive war
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Sec. 3 – Civilian authority is, at all times, supreme OVER military. The Armed
Forces of the PH is the protector of the people and the state. Its goal is to
secure the sovereignty of the State and the integrity of the national territory
>> The supremacy of the sovereign Filipino people is at all times supreme
over the military
>> if the president or any high government official of the land happens to be
the ones committing abuses while in the performance of their duties, the
Armed Forces of the Philippines is obliged to protect the people of the State
against their abuses
Sec. 4 – the prime duty of the government is to serve and protect the people.
The government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal, military, or civil service
Prime duty: to serve people and to protect people
 The government may call upon the people to defend the State
 The government may require all citizens, under conditions provided
by law, to render personal, military or civil service
 The government may use the armed forces to repel any threat to its
security
If it is against the religion or conviction of a person to engage himself in a war
or to kill an enemy in the course of war, he may be assign to non-combat
duties pursuant to the provision of “to render personal, military or civil service
Sec. 5 – the maintenance of peace and order, the protection of life, liberty
and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy
Sec. 6 – the separation of Church and the State shall be inviolable
>> The State is prohibited from interfering in purely ecclesiastical affairs and
the Church is barred from meddling in purely secular matters
Sec. 7 – The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination
Sec. 8 – The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory
>> Independent foreign policy
>> Policy of freedom from nuclear weapons in its territory
Paramount considerations: national sovereignty, territorial integrity, national
interest, right to self determination
Sec. 9 – The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people
from poverty through policies that provide adequate social services, promote
full employment, a rising standard of living, and an improved quality of life for
all
Sec. 10 – The State shall promote social justice in all phases of national
development.
Social justice – humanization of laws and the equalization of social and
economic forces of the State so that justice in its rational and objectively
secular conception may at least be approximated; the promotion of the
welfare of the people
Social justice can be promoted through giving the highest priority to the
enactment of measure that protect and enhance the right of all the people to
human dignity, reduce social, economic and political inequalities, and remove
cultural inequalities by equitably diffusing wealth and political power for the
common good
Sec. 11 – The State values the dignity of every human person and
guarantees full respect for human rights
Sec. 12 – The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution. It shall
equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character shall
receive the support of the Government
Three responsibilities of the State to the government:
1. Protect and strengthen the family as a basic autonomous social
institution
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 2. Equally protect the life of the mother and the life of the unborn from
conception
3. Give aid and support to the primary duty of parents in the rearing of
the youth fr civic efficiency and the development of moral character
>> The principle of autonomy is learned and practiced at home; it is a basic
political unit of our society
>> The family is a social institution because it forms part of the community
>> self executing provisions: sec. 11, 12, 13 of article II; sec. 9 of article XVI
Sec. 13 – The State recognizes the vital role of the youth in nation-building
and shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs
Sec. 14 – The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and men
>> Discrimination against women no longer holds true and can no longer be
sustained
WHAT ARE THE PROVISIONS OF THE 1987 CONSTITUTION THAT
PROTECT WOMEN?
 Sec. 12, article 2 – “it shall equally protect the life of the mother and
life of the unborn from conception”
 Sec. 14, article 2 – “ the state recognizes the role of women in
nation-building, and shall ensure the fundamental equality before the
law of women and men”
 Sec. 14, article 13 – “ the state shall protect working women
conditions, taking into account their material functions, and such
facilities and opportunities that will enhance their welfare and enable
them to realize their full potential in the service of the nation”
Sec. 15 – The State shall protect and promote the right to health of the
people and instill health consciousness among them
Sec. 16 – The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of
nature
Sec. 17 – The State shall give priority to education, science and technology,
arts, culture, and sports to foster patriotism and nationalism, accelerate
social progress, and promote total human liberation and development
Sec. 18 – The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare
Sec. 19 – The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos
Sec. 20 – The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provides incentives to needed
investments
Sec. 21 – The State shall promote comprehensive rural development and
agrarian reform
>> Agrarian reform should be coupled with support services, education and
information technology, including reformation of our political and social
cultures
>> it is within the power of the State to take and regulate private property for
which payment of just compensation is provided
Sec. 22 – the State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development
>> ancestral land – lands in the actual, continuous and open possession and
occupation of the community and its members; provided, that the Torrens
System shall be respected
>> the right of these communities to their ancestral lands shall be protected
to ensure their economic, social and cultural well-being.
SECTIONS THAT PROTECT INDIGENOUS CULTURAL COMMUNITIES:
1. Sec. 5, Art. II
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 2. Sec. 5, Art. 12
3. Sec. 6, Art. 13
4. Sec. 17, Art. 14
Sec. 23 – The State shall encourage non-governmental, community-based,
or sectoral organizations that promote the welfare of the nation.
Sec. 24 – The State recognizes the vital role of communication and
information in nation-building.
Sec. 25 – The State shall ensure the autonomy of local governments.
Sec. 26 – The State shall guarantee equal access to opportunities for public
service, and prohibit political dynasties as may be defined by law.
>> No person shall, by reason of poverty be denied the chance to be elected
to public office
Sec. 27 – The State shall maintain honesty and integrity in the public service
and take positive and effective measures against graft and corruption.
Sec. 28 – Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its transactions
involving public interest.
THREE BASIC PRINCIPLES EMPHASIZED BY SECS. 27 AND 28:
1. Public office is a public trust
2. Our government is a government of laws and not of men
3. Transparency in public service
PROVISIONS OF THE 1987 CONSTITUTION THAT PROVIDE POLICY OF
TRANSPARENCY:
1. Sec. 28, article 2
2. Sec. 7, article 3
3. Sec. 20, article 6
4. Sec. 17, article 11
5. Sec. 21, article 11
OTHER PRINCIPLES AND DOCTRINES
1. Doctrine of Incorporation in political law
- A state is, by reason of its membership in the family of nations,
bound by the generally accepted principles of international law, the
same being considered as part of its own laws.
- Hence, the PH is bound by any resolution which is duly approved by
the United Nations General Assembly or by any treaty, commitment
or agreement, reached in an international convention, especially
when the PH is a party or a signatory to the said agreement or treaty
- But even if it is not a signatory, the Philippines is bound by the
Hague Convention because it embodied the generally accepted
principles of international law binding upon all States
 International law can be a part of the sphere of domestic law either
by TRANSFORMATION or INCORPORATION
 In what way can international law become part of domestic law by
incorporation?
o By express provision of Sec. 2, Art. II of the 1987
Constitution – “generally accepted principles of international
law” are part of the law of the land. The REASON of such is
because the norms of general or customary international law
are binding on ALL STATES.
o Examples:
 Renunciation of war as an instrument of national
policy
 Principle of sovereign immunity
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  Principle of legal equality or equality before the law
 International law may be transformed into a domestic law by and
through a local legislation (treaties become part of the law of the land
through transformation)
 Can the WHA (World Health Assembly) resolution be validly
implemented by the DOH?
o It is a soft law, or non-binding norms, principles and
practices that influence state behavior. Hence, a total ban
policy could be implemented only pursuant to a law
amending the Milk Code passed by the constitutionally
authorized branch of the government – the legislature.
Therefore, only the provisions of the Milk Code, but not
those of subsequent WHA resolutions, can be validly
implemented by the DOH.
2. Doctrine of State Immunity
- Specific provision about this doctrine can be found in Sec. 3, Art. XVI
of the 1987 Constitution which provides:
o Section 3: “the State may not be sued without its consent”
- A state has the inherent right to exist and to protect itself and its
citizens from any act or acts which will defeat the greater interest of
the people which it is obligated to serve. This includes the right to
protect itself against indiscriminate suits which will necessarily
require its attention, time and resources.
- Is the doctrine of State immunity available to member States if they
are sought to be sued in the court of the local State?
o It is not conducive if one State can assert jurisdiction over
another State. The better view is to uphold the principle of
sovereign equality of States under the time-honored principle
of “PAR IN PAREM IMPERIUM NON HABET.”
- Republic of the Philippines cannot be sued without its consent.
- The consent of the State to be sued may be given expressly or
impliedly. Express consent may be manifested either through a
general law or special law.
 When there is an EXPRESS consent?
o When the law expressly grants authority to sue the State or
any of its agencies.
o There is an express consent when a law expressly grants
authority to sue the State or any of its agencies. Such law
may be a GENERAL Law.
 When there is IMPLIED consent?
o The State enters into a private contract with a private citizen
for in such a case, the State divests itself of the mantle of
sovereign immunity and has therefore descended to the
level of an ordinary citizen.
o Jure Imperii – one that involves sovereign and government
acts
o Jus Gestones – commercial and proprietary acts
 If the the contract is JI, the rule is that the State
immunity extends with respect to JG
o The state files a complaint for in such a case, the defendant
is entitled to file a counterclaim against the state.
o The state sues a private party; the defendant can file a
counterclaim against the State, unless the suit is entered into
only to resist a claim.
- A claim against the government must first be filed with the
Commission on Audit which must act upon it within 60 days. If the
claim is rejected, the claimant is authorized to elevate the matter to
the Supreme Court on certiorari and in effect sue the State with its
consent.
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 Can the express consent of the State be given by a mere counsel of o It is not enough that a PO complies with his official duties.
the Government? He should perform the duties in accordance with law and
must act within the scope of his authority and jurisdiction.
o No. The express consent of the State to be sued should, Hence, if a PO acts without or in excess of his jurisdiction,
therefore, be provided by law. any injury caused by him is his personal liability and cannot
be imputed to the State.
 Can the agencies of the Government of the RP be sued?
 When the State gives its consent to be sued, does it also consent to
the execution of the judgment against it?
o It depends whether the government agency to be sued is
incorporated or unincorporated. If it is incorporated, it is
suable if its charter says so and regardless of the functions it o When the state gives its consent, either by general or special
is performing. If it is unincorporated, the rule is that it is law, it may LIMIT claimant’s action only up to the completion
suable if it is performing proprietary functions, and not proceedings anterior to the stage of execution and that the
suable if it is performing governmental functions. power of Courts ends when the judgment is rendered.

 Can a public officer be sued in his official capacity without obtaining o Judgment is one thing and disbursement of public funds to
first the consent of the State to be sued? satisfy the said judgment is another. The disbursement of
funds depends on whether or not there is a corresponding
o Yes. It is allowed in the following cases: appropriation as REQUIRED by law to satisfy the judgment
of the court.
 The PO is merely being required to do a duty which
3. Act of State Doctrine
is required by law

- The foreign court chooses to uphold and respect the foreign State’s
 The PO is merely being restrained to do or perform
act done within its territory on the reasoning that if it will not do so, it
an act which is alleged to be illegal or
would imperil the amicable relations between governments and vex
unconstitutional
the peace of nations.
 The PO is being sued to be able to recover from him
 What is precluded to be the subject of investigation by a foreign
the possession of a property which is under his
state?
custody in his official capacity as a PO

o The Act of state only precludes investigation of the legality,

o IF in the enforcement of a judgment, an appropriation of
validity and proprietary of acts and investigations of foreign
public funds will be needed to satisfy the judgment, the state
sovereigns in its own boundaries. It does not preclude
should be included in the suit as party defendant. In other
judicial resolutions of all commercial consequences
words, the state does not need to be a party defendant if the
stemming from the occurrence of such public acts.
claim can be complied with by the said PO.

 What are the limitations to the application of the Act of State

 Can a public who claims to have exercised an act in the performance
doctrine?
of his official duties incur personal liability?

o There is an official act of a foreign sovereign performed

within its own territory, which is deemed valid
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 o The relief sought or the defense interposed in the action
would require a court in the other foreign state where the
action is filed, based on such act of state to declare invalid
the foreign sovereign’s official act
o The doctrine covers only state action, not the action between
individuals
4. Potestas Delegata Non Delegari Potest
- Power delegated cannot further be delegated
- The legislative must not nor transfer the power of making laws to
anybody else or place it anywhere except where the people have
- The delegate to whom a power is delegated has been chosen
precisely because trust is reposed on him and if he delegates further
to another the power delegated to him, the third person does not
have the trust originally given to him
5. Doctrine of Judicial Supremacy
- It is the assertion of the solemn and sacred obligation assigned to
the Judiciary by the Constitution to determine conflicting claims of
authority under the Constitution and to establish for the parties in an
actual controversy the right which that instrument secures and
guarantees to them
6. Doctrine of Parens Patriae
- Literally means the “father of his country.” It is a doctrine which refers
to the inherent power or authority of the State to provide protection of
the person and property of a person non sui juris.
- The State has the sovereign power of guardianship over persons
under disability. Thus, the state is considered the parens patriae of
minors
7. The principle of the right of revolution
- It is the inherent right of a people to cast out their rulers, change their
policy, or effect radical reforms in their system of government or
institutions, by force or a general uprising, when the legal and
constitutional methods of making such changes have proved
inadequate, or are so obstructed as to be unavailable
8. Doctrine of Stare Decisis
- The uniformity in judicial decisions.
- Once an interpretation is given on a provision of the Constitution, it
should not be abandoned without grave reasons, for the stability of
many important institutions of society depends upon permanence.
ARTICLE IV – CITIZENSHIP
Sec. 1 – the following are the citizens of the Philippines:
 Those who are citizens of the Philippines at the time of the
adoption of this Constitution
 Those whose fathers or mothers are citizens of the Philippines
 Those born BEFORE January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority
 Those who are naturalized in accordance to law
Citizenship – the STATUS of being a citizen. A citizen is one, who, by birth,
naturalization or otherwise, is a member of an independent political society,
called a state, kingdom or empire. Such citizen is subject to its laws and
entitled to its protection in all his rights incident to that relation.
Is birth an important element of citizenship?
- Yes. But it alone does not make a person a citizen of the country of
his birth.
What is the difference between citizenship and nationality?
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 - Citizenship is POLITICAL in character while nationality refers to a
RACIAL or ETHNIC relationship. However in Civil law and PIL, they
have the same meaning.
What are the THREE kinds of citizens?
 Natural born citizens – they are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their
Philippine citizenship.
Under the 2nd sentence of section 2, those who elect PH citizenship
in accordance with par. 3, sec. 1 shall ALSO be deemed natural born
citizens.
 Naturalized citizens – they are citizens who become such through
judicial proceedings.
 Citizens by election – they are citizens who become such by
exercising the option to elect a particular citizenship, usually within a
reasonable time after reaching the age of majority.
Is there a difference between a natural-born citizen and a native-born
citizen?
 Yes, a natural-born citizen is a citizen referred to in Sec. 2, Art.IV. A
native-born citizen is one who was born in a country in which he is a
citizen.
o Example: A child born to a Filipino father in Italy is a natural
born citizen of the PH, BUT NOT a native-born Filipino
citizen
Is it the place or ancestry that determines citizenship? What are the two
theories to be applied for the purpose of determining citizenship?
Jus Soli – a person is a citizen of the country where he was born
Example: a child born in the US of Filipino parents has dual citizenship. He is
considered a citizen of the US because he was born there. He is also
considered a Filipino citizen because his parents are Filipino citizens.
HOWEVER, the doctrine of jus soli is not applied in the PH
Jus Sanguinis – one follows the citizenship of his parents. This is referred to
as citizenship by blood. This doctrine is the one that is followed in the
Philippines.
What are the different modes of acquiring citizenship?
 Jus sanguinis principle – one can acquire citizenship on the basis of
blood relationship
 Jus soli relationship principle – one can acquire citizenship on the
basis of place of birth
 A foreigner can be naturalized – through naturalization, an alien is
given the privilege of citizenship which is enjoyed b native-born
citizens
What is the mode of acquiring citizenship which is recognized in the
Philippines?
 The PH follows the jus sanguinis principle
What is the basis of the statement that the PH follows the jus sanguinis
principle?
 The basis in Sec. 1(2) of Art. IV which says: “those whose fathers or
mothers are citizens of the PH.”
What is the meaning of such rule?
 It means that if a child is born (either under the 1987 or 1973
Constitution), and either his father or mother is a Filipino citizen at
the time of his birth, the child is a FILIPINO CITIZEN regardless of
his place of birth outside the PH.
Does this rule apply to an illegitimate child of a Filipina mother?
 Yes, because the mother is a Filipino
Situation: the parents of Jun are Mary Jane, a Filipina, and Bill, an American.
Jun was born before the effectivity of the 1973 Constitution. Is Jun
considered a Filpino under the 1987 Constitution?
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  It depends. If in accordance with the 1935 Constitution, Jun elected marriage to a citizen, or the exercise of the option to elect a
PH citizenship upon reaching the age of majority, he can be particular citizenship
considered a Filipino citizen under the 1987 Constitution. If Jun did
not elect PH citizenship upon reaching the age of majority, he  An act of formally adopting a foreigner into the political body of the
CANNOT be considered a Filipino citizen under the 1987 nation by clothing him or her with privileges of a citizen.
Constitution and even under the 1973 Constitution.
Attributes of Naturalization:
Basis: because children born PRIOR to Jan 17, 1973 are governed
by Sec. 1(4) of the 1935 Constitution which provides as follows:
 The opportunity of an alien to become a citizen by naturalization is
those whose mothers are citizens of the PH and upon reaching the
only a matter of grace, favor or privilege extended to him by the
age majority, elect PH citizenship.
state. IT IS NOT A MATTER OF RIGHT.
What should Jun do to manifest his desire to elect PH citizenship?
 The only right an alien has to become a citizen is that which is
conferred on him by statute and to acquire this right, he must strictly
 Execute a sworn statement before any officer authorized to comply with ALL of the statutory conditions and requirements.
administer oaths
 Naturalization DEMANDS ALLEGIANCE to our Constitution, our
 File such sworn statement with the nearest civil registry laws and government.

 Accompany such statement with an oath of allegiance to the

 The conditions for naturalization are LAID DOWN by Congress.
Constitution of the RP
Courts CANNOT CHANGE or MODIFY them.

Are there other ways to manifest one’s desire to elect PH citizenship?

What are the ways by which an alien may become a citizen by
naturalization?
 When one has actively fought the Japanese invading forces and
actively helped our government in many ways against Japan. Such
 By administrative naturalization (R.A. No. 9139)
sufficient gesture has to be submitted to the appreciation of the
court.
 By judicial naturalization (C.A. No. 473)
Same example above except that Mary Jane had lost PH citizenship at the
time of birth of Jun. Can the latter elect PH citizenship upon reaching the age  By legislative naturalization in the form of a law enacted by Congress
of majority? bestowing PH citizenship to an alien

 Jun CANNOT elect PH citizenship under the provision. He may only
do so through naturalization
What is Naturalization?
 It is a judicial process of ACQUIRING citizenship of another country.
In a broad sense, it may mean not only through the judicial process
but also the acquisition of another citizenship by such acts like
What is referred to in R.A. 9139?
 It is a law which provides for administrative naturalization of an alien.
It was enacted as a REMEDIAL MEASURE intended to make the
process of acquiring PH citizenship LESS TEDIOUS, LESS
TECHNICAL and more encouraging.

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  It also addresses the concerns of degree holders who cannot exclusive institution of children of persons of a
practice their professions by reason of lack of citizenship particular nationality, or race in any of the branches
requirement of education, or industry for a period of two years

May all aliens avail of the benefits of Administrative Naturalization under R.A.  If he was born in the Philippines
No. 9139?
c. Good moral character and belief in the principles underlying
 Only the native-born aliens who live here in the country all their lives the Philippine Constitution
and who NEVER saw any other country and all along thought that
they were Filipinos Examples of improper conduct:

 Only by native born aliens who have demonstrated their love and 1. Failure to pay taxes
loyalty to the Philippines and affinity to the customs and traditions of
the Filipino people 2. Affiliation with the communist party or any
subversive organization
What is the option of a native-born alien?
3. Concubinage
 He can choose to apply for judicial or administrative naturalization
subject to the prescribed qualifications and disqualifications 4. Desertion of a common law wife to be able
to marry another woman
What are the requirements to support an application for naturalization under
the Revised Naturalization Law? 5. Playing prohibited games

A – Substantive requirements 6. False statement that the applicant has never

previously filed any petition for naturalization
a. Age (must not be less than 21 years of age at the date of the
hearing of the petition) d. Property qualification or lucrative occupation

b. Residence (10 years of actual, substantial and continuous i. Lucrative – an appreciable margin of income over
residence. Reduced to 5 years) expenses in order to provide for adequate support in
the event of unemployment, sickness or disability to
 If applicant has honorably held office under the Govt work
of the PH
e. Language requisite
 If he has established a new industry, or introduced a
useful invention in the PH i. Must be able to speak and write English or Spanish
and anyone of the principal Philippine languages
 If he is married to a Filipina
f. Enrollment of minor children of school age
 If he has been engaged as a teacher in a public or
recognized private school not established for the

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 i. For the purpose that the children will learn and
imbibe the customs, traditions and ideals of Filipinos
PROCEDURAL REQUIREMENTS
A. The applicant must file a declaration of intention to become a Filipino
citizen, unless he is exempted from this requirement
B. The petition for naturalization must be filed
C. The petition will be heard
D. If the petition is approved, there will be a rehearing AFTER TWO
YEARS after the promulgation of the judgment awarding
naturalization
E. The applicant must take an oath of allegiance to support and defend
the Constitution and the laws of the Philippines
*check page 415 for sample situation, read that to deepen your knowledge
about this.
Who are exempted from making a declaration of intention?
 Persons born in the PH and have received their primary and
secondary education in public schools or private schools recognized
by the government, and not limited to any race or nationality;
 Persons who have resided continuously in the Philippines for a
period of 30 years or more before filing their application;
 The widow and minor children of an alien who has declared his
intention to become a citizen of the PH and dies before he is actually
naturalized
The court approves the petition of an applicant and issued a decision.
Is this decision already executor? When will it be executor?
No. it will be executor ONLY AFTER TWO YEARS from its promulgation.
Reason: certain conditions will have to be fulfilled and proper proof must be
presented. It must be proved that during the intervening time, the applicant:
a. Has not left the Philippines
b. Has dedicated himself continuously to a lawful calling or profession
c. Has not been convicted of any offense or violation of government
promulgated rules
d. Has not committed any act prejudicial to the nation or to any
government announced policies
What is the purpose of the two-year period?
The purpose of the two-year period is to place the petitioner on probation
When does the period start?
The period starts from time the judgment becomes final, subject to the ff.
limitations:
A. If the government appeals – the period starts from the time the
appellate court promulgates its judgment awarding naturalization
B. If the government does not appeal – the period begins from the time
the judgment of the trial court is promulgated
Reason: it is only upon final judgment that the authorities concerned
will know that naturalization is about to be granted. From that time
therefore, a close scrutiny of the petitioner’s conduct will be made.
What is the effect of the failure of the applicant to pass successfully the two-
year probationary period?
It results in the loss of whatever rights he may have acquired under the
decision authorizing his naturalization because the said decision was
rendered nullified by a subsequent one denying the grant of the certificate of
naturalization
*read the situation in p. 417 for additional knowledge
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Leaving the Philippines
During the two-year probationary period, may an applicant whose petition
was granted, leave the PH?
No. during this period, the physical presence of the petitioner, not mere legal
residence, is REQUIRED. Otherwise, the government will have no
opportunity to observe and scrutinized his conduct.
Is the said rule absolute?
No. in certain cases, the physical absence from the PH may be excused
such as in the ff cases:
 When the petitioner leaves for abroad on a government mission
 When the petitioner has been kidnapped or forcibly removed
 If he has to undergo an operation to save his life
Non-conviction or violation
Is it necessary that the offense or violation was committed DURING the two-
year probationary period?
Not necessarily. If the commission was BEFORE the probationary period, the
petitioner will not be allowed to take his oath.
If the commission was within the time specified in the law, but conviction has
not yet taken place because of the pendency of the case in court, can the
petitioner concerned take his oath?
The oath-taking will be postponed until after the final adjudication of the
charges against the petitioner. If he is acquitted, he can take his oath. If he is
convicted, he cannot take his oath.
Is conviction for violation of a Municipal Ordinance during the two-year
probationary period a ground to prevent the oath-taking?
Yes, it will prevent the oath-taking. A municipal ordinance is a government-
promulgated rule and the law does not make a distinction between acts mala
in se and acts mala prohibita.
What are the effects of naturalization?
 It vests citizenship on the wife if she herself may be lawfully
naturalized
 Minor children born in the PH before the naturalization shall be
considered citizens of the PH
 Minor children born OUTSIDE the PH who was residing in the PH at
the time of the naturalization shall be considered a Filipino citizen
 Minor children born outside the PH before parent’s naturalization
shall be considered Filipino citizens only during minority, unless he
begins to reside permanently in the PH
 Child born outside the PH after parent’s naturalization shall be
considered a Filipino, provided that he registers as such before any
PH consulate within one year after attaining majority age, and takes
his oath of allegiance
What are the grounds to denaturalized one who has already been issued a
naturalization certificate?
 The N certificate is obtained fraudulently or illegally
 If, within five year, he returns to his native country or to some foreign
country and establishes residence there
 The petition was made on an invalid declaration of intention
 The minor children failed to graduate through the fault of the parents
either by neglecting to support them or by transferring them to
another school
 Allowed himself to be used as a dummy
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A petitioner’s application has been granted. Later, the government Under our law, what are the grounds for losing Philippine citizenship?
discovered that said petitioner committed an act contrary to government
announced policies. Will this prevent the petitioner to take his oath?  By naturalization in foreign countries

The court may only postpone the taking of the oath UNTIL the criminal case  By express renunciation of citizenship
has been decided.
 By subscribing to an oath of allegiance to support the Constitution or
laws of a foreign country upon attaining 21 years of age or more

o A Filipino may not divest himself of PH citizenship, in any

manner, while the RP of PH is at war with another country

 By rendering service to, or accepting commission in the armed

forces of a foreign country

o Provided, that the rendering of service to, or the acceptance

of such commission, in the armed forces of a foreign
country, and the taking of an oath of allegiance incident
thereto, with the consent of the RP of the PH, shall not divest
a Filipino of his PH citizenship if either of the ff
circumstances is present:
Sec. 2 – natural born citizens are those who are citizens of the
 The RP has a defensive and/or offensive pact
Philippines from birth without having to perform any act to acquire or
alliance with the said foreign country
perfect their Philippine citizenship. Those who elect Philippine
Citizenship in accordance with paragraph (3), section 1 hereof shall be
deemed natural-born citizens  The said foreign country maintains armed forces on
PH territory with the consent of the RP, and the
Filipino citizen concerned only rendered service,
*read p. 420 for more understanding
accepted commission or took an oath of allegiance
in connection with his service to the said foreign
Sec. 3 – Philippine Citizenship may be lost or reacquired in the manner country
provided by law.
 Any Filipino citizen who did as mentioned in the two
In general, in what ways can one lose Philippine citizenship? situations earlier shall not be permitted to participate
nor vote in any election of the RP during the period
Voluntary renunciation – this is known as expatriation; the privilege of of his service in the said foreign country
renouncing allegiance to one’s country and becoming a citizen of another
country  Upon his discharge from the service of the foreign
country, he shall be AUTOMATICALLY entitled to
Involuntary renunciation – when a person is deprived of his citizenship by the full enjoyment of his civil and political rights as a
competent authority in accordance with law Filipino citizen

15
  By cancellation of the certificate of naturalization
 By having been declared by competent authority, a deserter of the
PH armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted and;
 In the case of a woman, upon her marriage to a foreigner, if by
virtue of the laws in force in her husband’s country, she acquires
nationality
How is Philippine citizenship reacquired?
 By naturalization, provided, that the applicant possesses none of the
disqualifications prescribed for naturalization
If reacquisition of PH citizenship is done through naturalization, what is
required?
 The applicant must be at least 21 years of age and shall have
resided in the Philippines at least six months before he applies for
naturalization;
 That he shall have conducted himself in a proper and irreproachable
manner during the entire period of his residence in the Philippines, in
his relation with the constituted government and with the community
which he is living
 That he subscribes to an oath declaring his intention to renounce
absolutely and perpetually all faith and allegiance to the foreign
authority, state or sovereignty of which he was a citizen or subject
 By repatriation of deserters of the Army, Navy or Air Corps:
provided, that a woman who lost her citizenship by reason of her
marriage to an alien may be repatriated in accordance with the
provisions of this Act after the termination of the marital status; and
 By direct act of the National Assembly
Who may be repatriated?
 Deserters of the Armed Forces of the Philippines
 Women who lost their citizenship by reason of marriage to aliens,
after the termination of the marital status
How is repatriation carried out?
 By merely taking the necessary oath of allegiance to the RP and
registering the same in the civil registry
Sec. 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.
*read p. 425 for additional knowledge
Sec. 5 – Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law.
Does sec. 5 prohibit dual citizenship?
Section 5 states that dual allegiance of citizenship is inimical to national
interest without saying that the same is expressly prohibited. It is not dual
citizenship which is mentioned but dual allegiance.
What is the difference between dual citizenship and dual allegiance?
DC – it 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
of the said states.
*see page 426 for example
* determine an ipso facto citizen
DA – it refers to a situation in which a person simultaneously owes, by some
positive act, loyalty to two or more States. DA is a result of an individual
volition.
R.A. No. 9925 (Citizenship Retention and Reacquistion Act) – explicitly
provides that should one seek elective public office, he should first “make a
personal and sworn renunciation of any and all foreign citizenship before any
public officer authorized to administer an oath.”
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It distinguished dual citizenship which is involuntary, from dual allegiance that
refers to a situation in which a person simultaneously owes loyalty by some
positive act to two or more states.
Is dual citizenship constitutional?
R.A. No. 9225 which allows dual citizenship to a natural-born Filipino Citizen
who has lost Philippine Citizenship by naturalization in a foreign country, is
constitutional as a mode of re-acquiring Filipino Citizenship. Whether they
retain foreign citizenship is for the foreign country to determine.
*read p. 430 for additional knowledge
ARTICLE V – SUFFRAGE
Sec. 1 – Suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least eighteen years of age,
and who shall have resided in the Philippines for at least one year, and
in the place wherein they propose to vote, for at least six months
immediately preceding the election.
No literacy, property or other substantive requirement shall be imposed
on the exercise of suffrage.
What is suffrage?
It is the right to vote in elections. It is the expression of the sovereign will of
the people. In a democracy, “the people, combined, represent the sovereign
power of the State.”
Why is suffrage both a right and a privilege under the Constitution?
It is a right because it is the expression of the sovereign will of the people.
It is a privilege because its exercise is granted not to everybody but only to
“such persons or class of persons as are most likely to exercise it for the
purpose of public good.”
What is the basis of suffrage?
 Theory: the people are the ones who bear the burden of government
and should share in the privilege of choosing the officials of the
government
What is the importance of safeguarding the right of suffrage?
 A republic then to be true to its name requires that the government
rests on the consent of the people, consent freely given, intelligently
arrived at, honestly recorded, and thereafter counted. Only then can
they be looked upon as the ultimate source of established authority.
Who may exercise suffrage?
 Suffrage may be exercised by all citizens of the PH not otherwise
disqualified by law, who are at least 18 years of age, and who shall
have resided in the Philippines for at least one year and in the place
wherein they propose to vote for at least six months immediately
preceding the election
What is the rationale for lowering the age to 18 years old?
 It is a reality that majority of voters in our country are young people
who are not only actively involved in community affairs but effectively
involved in both local and national issues affecting not only a
particular community but the country in general
What is residence?
 As used in ELECTION law, the term “residence” is synonymous with
“domicile.” It imports not only intention to reside in a fixed place, but
also personal presence in that place, coupled with conduct indicative
of such intention.
 Residence – denotes permanency of occupation
 Domicile – denotes residence coupled with intention to remain for an
unlimited time
Who are not qualified to vote under the Election Code?
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  Any person who has been sentenced by final judgment to suffer an
imprisonment of not less than one year, such disability not having
been removed by plenary pardon
o Provided, however, that any person disqualified to vote
under this paragraph shall automatically reacquire the right
to vote upon expiration of five years after service of sentence
 Any person who has been adjudged by final judgment by competent
court of having violated his allegiance to the Republic of the
Philippines
 Insane or feeble-minded persons
What is the difference between residence and domicile?
Residence – it is acquired by living in a place
Domicile – it can exist without actually living in a place. The important thing
here is that once residence is established in one place, THERE SHOULD BE
AN INTENTION TO STAY THERE PERMANENTLY, even if residence is
also established in some other place.
What is the responsibility of Congress as mandated by Sec. 2?
 The congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
 The congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons
ARTICLE VI – LEGISLATIVE DEPARTMENT
Sec. 1 – The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum
What is legislative power?
It is the power to propose, enact, amend and repeal laws. This power is
vested in the Congress.
What is vested in the Congress?
The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to
the extent reserved to the people by the provision on initiative and
referendum.
However, the Congress also performs powers of non-legislative nature such
as the following:
 power to confirm presidential appointments
 power of impeachment
 in case the verified complaint or resolution of impeachment is filed by
at least 1/3 of all the members of the House, the same shall
constitute the Articles of Impeachment (Sec. 3[4], Art. XI)
 The Senate shall have the sole power to try and decide all cases of
impeachment
 Power to declare the existence of a state of war
 Power to concur or confirm an amnesty granted by the President
 Power to canvass the votes based on the return of every election for
President and Vice President
 Power to propose amendment or revision of the Constitution upon a
vote of three-fourths of all the members of the Congress
 Power to ratify treaties granted to the Senate
Legislative power is vested in Congress except to the extent reserved to the
people by the provision on initiative and referendum. What is the provision on
initiative and referendum being referred to?
 Sec. 32, Article VI:
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 The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any
act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefore signed by at least
ten per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per
centum of the registered voters thereof.
 Initiative on the Constitution – petition proposing amendments to the
Constitution
 Initiative on Statutes – petition to enact a national legislation
 Initiative on Local Legislation – petition proposing to enact a regional,
provincial, city or municipal or barangay law, resolution or ordinance

 R.A. No. 6735 or known as “An Act Providing for a System of

Initiative and Referendum

What is initiative?

The power of the people to propose amendments to the Constitution or to

propose or enact legislation through an election called for the purpose.

What is referendum?

It is the power of the electorate to approve or reject legislation through an

election called for the purpose.

What is the difference between referendum and plebiscite?

Referendum – merely consultative in character; it means assessing public

reaction to the given issues submitted to the people for their consideration.
The calling of which is derived from or within the totality of the executive
power of the President. It is participated in by ALL CITIZENS FROM THE
AGE 15, regardless of whether or not they are illiterates, feeble-minded, or
ex-convicts.

Plebiscite – involves the constituent of those citizens of the Philippines not

otherwise disqualified by law, who are 18 years of age or over, and who shall
have resided in the PH for at least one year and in the place wherein they
propose to vote for at least six months preceding the election.

Literacy, property or any other substantive requirement is imposed. It is

generally associated with the amending process of the Constitution, more
particularly the ratification aspect.

What are the three systems of initiative?

19