 Martial Rule
corpus, any person thus arrested or detained shall be
- Section 18. The President shall be the Commander-in-
Chief of all armed forces of the Philippines and whenever it
becomes necessary, he may call out (CALLING OUT
POWER) such armed forces to prevent or suppress lawless
violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for
a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within
forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus,
the President shall submit a report in person or in writing
to the Congress. The Congress, voting jointly, by a vote
of at least a majority of all its Members in regular or special
session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension for a
period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.
- The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without need of a call.
- The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the extension
thereof, and must promulgate its decision thereon within
thirty days from its filing.
- A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the
civil courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ
of habeas corpus.
- The suspension of the privilege of the writ of habeas
corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected
with, invasion.
- During the suspension of the privilege of the writ of habeas
judicially charged within three days, otherwise he shall
be released.
 Rule on Conscientious Objector;
o Sec. 4 of Art. II provides that “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.”
o However, the exemption to the rule that the Government
may call out its citizens is the Conscientious Objector.
o A Conscientious Objector provides that a citizen may
object from the call of the Government to defend the
State.
o As was held in Estrada v. Escritor, the requisites in
invoking Conscientious Objector are:
(1) There must be belief in God or some parallel
belief that occupies a central place in the
believer’s life;
(2) The religion must involve a moral code
transcending individual belief, i.e., it cannot
be purely subjective;
(3) A demonstrable sincerity in belief is
necessary, but the court must not inquire
into the truth or reasonableness of the
belief; and
(4) There must be some associational ties,
although there is also a view that religious
beliefs held by a single person rather than
being part of the teachings of any kind of
group or sect are entitled to the protection
of the Free Exercise Clause.

 State immunity from suit;
 Sec. 3, Article XVI – The State may not be sued
without its consent.
- A State has the inherent right to exist and to protect itself and
its citizen 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. All these could otherwise be used more for the
benefit and interest of the general welfare, in line with the
provisions of Secs. 4 and 5, Art. II of the 1987 Constitution.
 Par In Parem Non Habet Imperium
- that all states are sovereign equals and cannot
assert jurisdiction over one another. The precept
that a State cannot be sued in the courts of a foreign
state is a long-standing rule of customary
international law then closely identified with the
personal immunity of a foreign sovereign from suit.
 Writ of Habeas Corpus;
Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/; Latin for "you [shall] have the body") is a legal
action or writ by means of which detainees can seek relief from unlawful
imprisonment.
In general, the purpose of the writ of habeas corpus is to determine
whether or not a particular person is legally held. A prime specification of
an application for a writ of habeas corpus, in fact, is an actual and
effective, and not merely nominal or moral, illegal restraint of liberty. The
writ of habeas corpus was devised and exists as a speedy and effectual
remedy to relieve persons from unlawful restraint, and as the best and only
sufficient defense of personal freedom. A prime specification of an
application for a writ of habeas corpus is restraint of liberty. The essential
object and purpose of the writ of habeas corpus is to inquire into all
manner of involuntary restraint as distinguished from voluntary, and to
relieve a person therefrom if such restraint is illegal. Any restraint which
will preclude freedom of action is sufficient.
RULE 102
Habeas Corpus
Section 1. To what habeas corpus extends. — Except as otherwise
expressly provided by law, the writ of habeas corpus shall extend to all
cases of illegal confinement or detention by which any person is deprived
of his liberty, or by which the rightful custody of any person is withheld
from the person entitled thereto.
Section 2. Who may grant the writ. — The writ of habeas corpus may be
granted by the Supreme Court, or any member thereof in the instances
authorized by law, and if so granted it shall be enforceable anywhere in the
Philippines, and may be made returnable before the court or any member
thereof, or before a Court of First Instance, or any judge thereof for the
hearing and decision on the merits. It may also be granted by a Court of
First Instance, or a judge thereof, on any day and at any time, and
returnable before himself, enforceable only within his judicial district.
Section 3. Requisites of application therefor. — Application for the writ
shall be by petition signed and verified either by the party for whose relief
it is intended, or by some person on his behalf, and shall set forth:
(a) That the person in whose behalf the application is made is
imprisoned or restrained on his liberty;
(b) The officer or name of the person by whom he is so
imprisoned or restrained; or, if both are unknown or uncertain,
such officer or person may be described by an assumed
appellation, and the person who is served with the writ shall be
deemed the person intended;
(c) The place where he is so imprisoned or restrained, if known;
(d) A copy of the commitment or cause of detention of such
person, if it can be procured without impairing the efficiency of the
remedy; or, if the imprisonment or restraint is without any legal
authority, such fact shall appear.
Section 4. When writ not allowed or discharge authorized. — If it appears
that the person alleged to be restrained of his liberty is in the custody of an
officer under process issued by a court or judge or by virtue of a judgment
or order of a court of record, and that the court or judge had jurisdiction to
issue the process, render the judgment, or make the order, the writ shall
not be allowed; or if the jurisdiction appears after the writ is allowed, the
person shall not be discharged by reason of any informality or defect in the
process, judgment, or order. Not shall anything in this rule be held to
authorize the discharge of a person charged with or convicted of an offense
in the Philippines, or of a person suffering imprisonment under lawful
judgment.
Section 5. When the writ must be granted and issued. — A court or judge
authorized to grant the writ must, when a petition therefor is presented
and it appears that the writ ought to issue, grant the same forthwith, and
immediately thereupon the clerk of the court shall issue the writ under the
seal of the court; or in case of emergency, the judge may issue the writ
under his own hand, and may depute any officer or person to serve it.
Section 6. To whom writ directed, and what to require. — In case of
imprisonment or restraint by an officer, the writ shall be directed to him,
and shall command him to have the body of the person restrained of his
liberty before the court or judge designated in the writ at the time and
place therein specified. In case of imprisonment or restraint by a person
not an officer, the writ shall be directed to an officer, and shall command
him to take and have the body of the person restrained of his liberty before
the court or judge designated in the writ at the time and place therein
specified, and to summon the person by whom he is restrained then and
there to appear before said court or judge to show the cause of the
imprisonment or restraint.
 Electoral Tribunals;
o Sec. 17 of Article VI provides that:
“The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating
to the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall be
Members of the Senate or the House of Representatives, as the case
may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.”
o Par. 7, Sec. 4 of Article VII provides that:
“The Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of the
President or Vice- President, and may promulgate its rules for the
purpose.”
o In Legarda v. De Castro, the Court ruled that the
Presidential Electoral Tribunal has the constitutional
function as well as the power and the duty to be the sole
judge of all contests relating to the election, returns, and
qualification of the President and Vice President is
expressly vested by Sec. 4 of Article VII. of the 1987
Constitution.
 Amendments and Revision;
ARTICLE XVII
Amendments or Revisions
SECTION 1. Any amendment to, or revision of, this Constitution may be
proposed by:
(1) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.
SECTION 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least twelve
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 therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this
right.
SECTION 3. The Congress may, by a vote of two-thirds of all its Members,
call a constitutional convention, or by a majority vote of all its Members,
submit to the electorate the question of calling such a convention.
SECTION 4. Any amendment to, or revision of, this Constitution under
Section 1 hereof shall be valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
o May our Constitution be changed?
- YES, our Constitution can be amended or revised. This is
referred to as formal amendment. A change can also be
 effected when our courts of justice interpret ambiguously (c) By People’s Initiative.
worded provisions of the Constitution to make it conform with
realities. THIS BEING not a formal process of  People’s Initiative is the power of the people to
amendment, the SC is merely modifying its interpretation of propose amendment to the Constitution, or to
the ambiguously worded provision involved and it does so in propose or enact legislations through an election
accordance with the principle that it has the last word in the called for the purpose.
construction of any law and even of the Constitution itself.
 Revision: (1) by Congress by ¾ votes of all its members; and (2)
 Distinction – Amendment/Revision. Explain Lambino vs. By Constitutional Convention. If Congress chooses to call a
Comelec, G.R. Nos. 174153 & 174299, October 25, 2006 Constitution Convention to revise the Constitution, it may either:
(1) Call a Constitutional Convention by 2/3 of all its members or
 Revision – it is the rewriting or overhauling of the (2) submit to the electorate the question or calling such a body by
entire instrument. It broadly implies a change that a majority of all its members.
alters a basic principle in the Constitution, i.e.,
altering the principle of separation of powers or the  There are two modes of revising the Constitution,
system of checks and balances. Revision generally to wit:
affects several provisions. (a) By the Congress, upon a vote of three-fourths (3/4)
of all its Members; and
 Amendment – it is a change or alteration for the (b) By a Constitutional Convention.
better, an amendment or change within the lines of If the Congress chooses to call a constitutional
the original instrument which will bring about convention to revise the Constitution, it may either:
improvement. It generally affects only the specific (a) Call a Constitutional Convention by a vote of two-
provisions being amended. thirds of all its Members; or
(b) Submit to the electorate the questions or calling such
 In the case of Lambino v. COMELEC, the Court a body by a majority vote of all its Members.
ruled that the Lambino Group’s initiative petition is a
revision, not an amendment. Hence, the initiative
violates Sec. 2, Art. XVII of the Constitution
disallowing revisions through initiative. And that
People’s Initiative, which is the power of the people
to propose amendment to the Constitution, or to
propose or enact legislations through an election
called for the purpose, is only to propose
amendments and not to extend revisions. Only the
Congress or a Constitutional Convention can propose
both amendments or revisions to the Constitution.

 How may the 1987 Constitution be amended? (1) By

Congress by ¾ of all its members; (2) By Constitution
Convention; and (3) By People’s Initiative.

 There are three modes of amending the

Constitution, to wit:
(a) By the Congress, upon a vote of three-fourths (3/4)
of all its Members;
(b) By a Constitutional Convention; and
  Jurisdiction of the Supreme Court; bodies shall remain effective unless disapproved by the
Supreme Court.
SECTION 5. The Supreme Court shall have the following powers:
(6) Appoint all officials and employees of the Judiciary in
(1) Exercise original jurisdiction over cases affecting ambassadors, accordance with the Civil Service Law.
other public ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo warranto, and
habeas corpus. (Original Jurisdiction of the Supreme
Court)  Valid, Void, and Voidable Marriages;

(2) Review, revise, reverse, modify, or affirm on appeal or

Article 1. Marriage is a special contract of permanent union between a man
certiorari, as the law or the Rules of Court may provide, final
and a woman entered into in accordance with law for the establishment of
judgments and orders of lower courts in:
conjugal and family life. It is the foundation of the family and an inviolable
(Appellate Jurisdiction of the Supreme Court)
social institution whose nature, consequences, and incidents are governed
by law and not subject to stipulation, except that marriage settlements
may fix the property relations during the marriage within the limits
a)All cases in which the constitutionality or validity of any
provided by this Code. (52a)
treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question. Art. 2. No marriage shall be valid, unless these essential requisites are
b)All cases involving the legality of any tax, impost, present:
assessment, or toll, or any penalty imposed in relation
thereto. (1) Legal capacity of the contracting parties who must be a male and a
c) All cases in which the jurisdiction of any lower court is in female; and
issue.
d)All criminal cases in which the penalty imposed is reclusion
perpetua or higher. (2) Consent freely given in the presence of the solemnizing officer. (53a)
e)All cases in which only an error or question of law is
involved. Art. 3. The formal requisites of marriage are:

(3) Assign temporarily judges of lower courts to other stations as

public interest may require. Such temporary assignment shall
not exceed six months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage
of justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2
of this Title; and
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence
of not less than two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render
the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be
civilly, criminally and administratively liable. (n)
Art. 5. Any male or female of the age of eighteen years or upwards not
under any of the impediments mentioned in Articles 37 and 38, may
contract marriage. (54a)
Art. 6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, for the contracting
parties to appear personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age that they take
each other as husband and wife. This declaration shall be contained in the
marriage certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of
death is unable to sign the marriage certificate, it shall be sufficient for one
of the witnesses to the marriage to write the name of said party, which fact
shall be attested by the solemnizing officer. (55a)
Art. 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring
such previous marriage void. (n)
Art. 41. A marriage contracted by any person during subsistence of a
previous marriage shall be null and void, unless before the celebration of
the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief that
the absent spouse was already dead. In case of disappearance where there
is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be
sufficient.
For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance of
the absent spouse. (83a)
Art. 42. The subsequent marriage referred to in the preceding Article shall
be automatically terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there is a judgment annulling
the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be
recorded in the civil registry of the residence of the parties to the
subsequent marriage at the instance of any interested person, with due
notice to the spouses of the subsequent marriage and without prejudice to
the fact of reappearance being judicially determined in case such fact is
disputed. (n)
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked
by operation of law. (n)
Art. 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, and the
marriage was solemnized without the consent of the parents, guardian or
person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming
to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or
undue influence, unless the same having disappeared or ceased, such
party thereafter freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a sexually-transmissible disease
found to be serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred
to in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude;
Chapter 3. Void and Voidable Marriages
(2) Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than her husband;
Art. 35. The following marriages shall be void from the beginning:

(3) Concealment of sexually transmissible disease, regardless of its nature,

(1) Those contracted by any party below eighteen years of age even with
existing at the time of the marriage; or
the consent of parents or guardians;

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or

(2) Those solemnized by any person not legally authorized to perform
lesbianism existing at the time of the marriage.
marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
No other misrepresentation or deceit as to character, health, rank, fortune authority to do so;
or chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage. (86a)
(3) Those solemnized without license, except those covered the preceding
Chapter;
Art. 47. The action for annulment of marriage must be filed by the
following persons and within the periods indicated herein:
(4) Those bigamous or polygamous marriages not failing under Article 41;

(1) For causes mentioned in number 1 of Article 45 by the party whose

(5) Those contracted through mistake of one contracting party as to the
parent or guardian did not give his or her consent, within five years after
identity of the other; and
attaining the age of twenty-one, or by the parent or guardian or person
having legal charge of the minor, at any time before such party has
reached the age of twenty-one; (6) Those subsequent marriages that are void under Article 53.

(2) For causes mentioned in number 2 of Article 45, by the same spouse,
who had no knowledge of the other’s insanity; or by any relative or
guardian or person having legal charge of the insane, at any time before
the death of either party, or by the insane spouse during a lucid interval or
after regaining sanity;
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization. (As amended by
Executive Order 227)

(3) For causes mentioned in number 3 of Article 45, by the injured party,
within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party,
within five years from the time the force, intimidation or undue influence
disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured
party, within five years after the marriage. (87a)
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up
to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted
child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other,
killed that other person’s spouse, or his or her own spouse. (82)
 Commission on Appointments;
SECTION 18. There shall be a Commission on Appointments consisting
of the President of the Senate, as ex officio Chairman, twelve Senators and
twelve Members of the House of Representatives, elected by each House
on the basis of proportional representation from the political parties and
parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of
a tie. The Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The Commission
shall rule by a majority vote of all the Members.
- The President shall have the power to nominate the following:
CODE: HAO – OAA
o Subject to confirmation by Commission on
Appointments
H – eads of the executive departments
A – mbassadors. or other public ministers and consuls
O – fficers of the armed forces from the rank of colonel or naval
captain
o Not subject to confirmation
O – ther officers whose appointments are vested in him by the
Constitution.
A – ll other officers of the government whose appointments
provided by law.
A – nyone whom he can appoint by authority of law.
 Section 5 of Article XVI: General Provisions;
SECTION 5. (1) All members of the armed forces shall take an oath or
affirmation to uphold and defend this Constitution.
(2) The State shall strengthen the patriotic spirit and nationalist
consciousness of the military, and respect for people’s rights in the
performance of their duty.
(3) Professionalism in the armed forces and adequate remuneration and
benefits of its members shall be a prime concern of the State. The armed
forces shall be insulated from partisan politics.
No member of the military shall engage directly or indirectly in any
partisan political activity, except to vote.
(4) No member of the armed forces in the active service shall, at any time,
be appointed or designated in any capacity to a civilian position in the
Government including government-owned or controlled corporations or any
of their subsidiaries.
(5) Laws on retirement of military officers shall not allow extension of their
service.
(6) The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.
(7) The tour of duty of the Chief of Staff of the armed forces shall not
exceed three years. However, in times of war or other national emergency
declared by the Congress, the President may extend such tour of duty.

 Lawyer’s Oath;
I, do solemnly swear that I will maintain allegiance to the Republic
of the Philippines, I will support its Constitution and obey the laws
as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the
same; I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself these voluntary obligations
without any mental reservation or purpose of evasion. So help me
God.
 Legislative Inquiry;
 SECTION 21, ARTICLE VI. The Senate
or the House of Representatives or any of
its respective committees may conduct
inquiries in aid of legislation in accordance
with its duly published rules of procedure.
The rights of persons appearing in or
affected by such inquiries shall be
respected.
(Right to Conduct Inquiry in Aid of
Legislation)
- Under this Section:
1. Congress has the power to conduct inquiries
in aid of legislation the aim of which is to
elicit information that may be used for
legislation.
2. Attendance is compulsory.
3. Congress can compel the attendance of
executive officials.
 SECTION 22, ARTICLE VI. The heads of
departments may upon their own
initiative, with the consent of the
President, or upon the request of either
House, as the rules of each House shall
provide, appear before and be heard by
such House on any matter pertaining to
their departments. Written questions shall
be submitted to the President of the
Senate or the Speaker of the House of
Representatives at least three days
before their scheduled appearance.
Interpellations shall not be limited to
written questions, but may cover matters
related thereto. When the security of the
State or the public interest so requires
and the President so states in writing, the
appearance shall be conducted in
executive session.
(Power of Congress to Conduct a Question
Hour)
- Under this Section
1. Congress has the power to conduct a
question hour, the objective of which is to
obtain information in pursuit of Congress
oversight function.
2. Attendance is discretionary, hence, it is
valid for the President to require that
consent be required first before her
subordinates appear in Congress during the
question hour.
3. Congress cannot compel the appearance of
executive officials if the required consent of
the President is not obtained first, or if no
such consent is given.
 Citizenship;
ARTICLE IV
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;
 NOTE: The prior Constitutions were:
a. The Philippine Bill of 1902;
b. The 1935 Constitution;
c. The 1973 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;
 NOTE: The election of citizenship shall be held within
three (3) years upon reaching the age of majority.
 NOTE: THIS IS AN EXCERPT IN CABILING V
FERNANDEZ
“The statutory formalities of electing Philippine
citizenship are: (1) a statement of election under oath;
(2) an oath of allegiance to the Constitution and
Government of the Philippines; and (3) registration of the
statement of election and of the oath with the nearest
civil registry.
In Re:Application for Admission to the Philippine Bar, Vicente D. Ching,
[38]
 we determined the meaning of the period of election described by
phrase upon reaching the age of majority. Our references were the Civil
Code of the Philippines, the opinions of the Secretary of Justice, and the
case of Cueco v. Secretary of Justice.[39] We pronounced:
x x x [T]he 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. [40] In
the opinions of the Secretary of Justice on cases involving
the validity of election of Philippine citizenship, this
dilemma was resolved by basing the time period on the
decisions of this Court prior to the effectivity of the 1935
Constitution. In these decisions, the proper period for
electing Philippine citizenship was, in turn, based on the
pronouncements of the Department of State of the
United States Government to the effect that the election
should be made within a reasonable time after attaining
the age of majority.[41] The phrase reasonable time has
been interpreted to mean that the elections should be
made within three (3) years from reaching the age of
majority.[42] However, we held in Cue[n]co vs. Secretary
of Justice,[43] that the three (3) year period is not an
inflexible rule. We said:
 
It is true that this clause has
been construed to mean a reasonable
time after reaching the age of majority,
and that the Secretary of Justice has
ruled that three (3) years is the
reasonable time to elect Philippine
citizenship under the constitutional
provision adverted to above, which
period may be extended under certain
circumstances, as when the person
concerned has always considered
himself a Filipino.
 
However, we cautioned in Cue[n]co that the extension of
the option to elect Philippine citizenship is not indefinite.
 
Regardless of the foregoing,
petitioner was born on February 16,
1923. He became of age on February
16, 1944. His election of citizenship
was made on May 15, 1951, when he
was over twenty-eight (28) years of
age, or over seven (7) years after he
had reached the age of majority. It is
clear that said election has not been
made upon reaching the age of
majority.[44]
We reiterated the above ruling in Go, Sr. v. Ramos,[45] a case in
which we adopted the findings of the appellate court that the father of the
petitioner, whose citizenship was in question, failed to elect Philippine
citizenship within the reasonable period of three (3) years upon reaching
the age of majority; and that the belated submission to the local civil
registry of the affidavit of election and oath of allegiance x x x was
defective because the affidavit of election was executed after the oath of
allegiance, and the delay of several years before their filing with the proper
office was not satisfactorily explained.[46]
In both cases, we ruled against the petitioners because they
belatedly complied with all the requirements. The acts of election and their
registration with the nearest civil registry were all done beyond the
reasonable period of three years upon reaching the age of majority.”
(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.
 NOTE: Natural Born
- Jus Soli – by right oright of the blood
 NOTE: Naturalization is the process of acquiring of citizenship
by an alien through a legislative act by Congress or judicial
declaration by the Court, both of which are enshrined in
Commonwealth Act. 473, or administratively through Republic Act.
9139.
- (the law is recognized as unconstitutional, but the effects of
the unconstitutional law prior to the time it was declared a
nullity, may be left undisturbed as a matter of equity and fair
play. The doctrine is applicable when a declaration of
unconstitutionality will impose an undue burden on those who
have relied on the invalid law).
-

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.
 NOTE: Dual Citizenship arises 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. It is
involuntary. (Mercado v. Manzano)

SECTION 5. Dual allegiance of citizens is inimical to the national

interest and shall be dealt with by law.
 NOTE: Dual Allegiance refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more
states. It is consequence of one’s act or one’s own volition.
(Mercado v. Manzano)

 Fiscal Autonomy;
a. Sec. 3, Article VIII - The Judiciary shall enjoy fiscal
autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount
appropriated for the previous year and, after approval,
shall be automatically and regularly released.
b. Sec. 5, Article IX - The Commission shall enjoy fiscal
autonomy. Their approved annual appropriations shall be
automatically and regularly released.
c. Sec. 14, Article XI - The Office of the Ombudsman shall
enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly
released.

 Doctrine of Operative Fact.