CONSTITUTIONAL PROHIBITIONS

IN THE ABSENCE OF GOVERNMENTAL INTERFERENCE, CITIZENSHIP

THE LIBERTIES GUARANTEED BY THE CONSTITUTION
CANNOT BE INVOKED AGAINST THE STATE.
UNREASONABLE SEARCHES AND SEIZURE
The constitutional right (against unreasonable search
and seizure) refers to the immunity of one's person,
whether citizen or alien, from interference by
government, included in which is his residence, his
papers, and other possessions. The constitutional
proscription against unlawful searches and seizures
applies as a restraint directed only against the
government and its agencies tasked with the
enforcement of the law. Thus, it could only be invoked
against the State to whom the restraint against
arbitrary and unreasonable exercise of power is
imposed.
DUE PROCESS
The Due Process Clause of the Constitution is a
limitation on governmental powers. IT DOES NOT
APPLY TO THE EXERCISE OF PRIVATE POWER, such as
the termination of employment under the Labor Code.
PRINCIPLE OF CONTINUITY OF CITIZENSHIP
Under said principle, once a person becomes a citizen,
either by birth or naturalization, it is assumed that he
desires to continue to be a citizen, and this assumption
stands until he voluntarily denationalizes or expatriates
himself. Thus, in the instant case respondent after
reacquiring his Philippine citizenship should be
presumed to have remained a Filipino despite his use of
his American passport in the absence of clear,
unequivocal and competent proof of expatriation.
Accordingly, all doubts should be resolved in favor of
retention of citizenship. MAQUILING vs COMELEC
The use of foreign passport after renouncing one’s
foreign citizenship is a positive and voluntary act of
representation as to one’s nationality and citizenship; it
does not divest Filipino citizenship regained by
repatriation but it recants the Oath of Renunciation
required to qualify one to run for an elective position.

Only the State has authority to take the life, liberty, or

property of the individual. The purpose of the Due
Process Clause is to ensure that the exercise of this
power is consistent with what are considered civilized
methods.

THE RIGHT AGAINST SELF-INCRIMINATION

THE RIGHT AGAINST SELF-INCRIMINATION under

Section 17 of Article III of the Constitution, which is
ordinarily available only in criminal prosecutions,
extends to all other government proceedings --
including civil actions, legislative investigations, and
administrative proceedings that possess a criminal or
penal aspect-- but not to private investigations done by
private individuals. Even in such government
proceedings, this right may be waived, provided the
waiver is certain; unequivocal; and intelligently,
understandingly and willingly made.

The Bill of Rights does not concern itself with the

relation between a private individual and another
individual. It governs the relationship between the
individual and the State.