MODULE 3

Citizenship Training
Overview:
In this module, we will focus on providing you an introduction of the 1987 Philippine
Constitution, its key concepts, salient features, importance and meaning. Included
also in this module are some of the basic explanation on Philippine citizenship and
important information on the history and legal foundations of our Philippine flag. As
you complete this module, you are expected to understand the necessity of the
constitution and develop a deeper appreciation of our National Flag and of being
Filipino citizens.

Objectives:
At the end of the chapter, the students are expected to:
1. Familiarize the essential components of the 1987 Philippine Constitution and the
Bill of Rights;
2. Understand the important aspects of Philippine citizenship;
3. Explain the importance of the Philippine flag.
4. Manifest the love of country in one’s life;
5. Compose a short essay showing your appreciation of being a Filipino citizen.
Lesson 1: The Concept of Constitution

Importance and Meaning of Constitution

What if there were no rules, laws, and constitution, thus, everything is absolutely
free? Can we imagine it? What would be it like? Thomas Hobbes the British
philosopher of the 17th century describe this state of humanity as a “state of nature”
were life is solitary, nasty, poor, brutish and short. Human life in this state is terrible
because it is a life of a continual competition and struggle for survival. Thus, to escape
this dreadful state of nature we need to enter into a civilized society were everyone
are governed by rules and laws. These are the essence of our constitution and the bill
of rights.

Every state has had a constitution of some kind whether it be an elaborate

document or just a collection of rules. It is inconceivable how a state could exist or
survive without a constitution of some form. The foundation of the system of
government of the Philippines is the constitution.

The fundamental law, as the Philippine Constitution is appropriately referred to,

plays a very important role in the life of the Filipino nation and its polity. Most
significantly it serves as the foundation of the government. The constitution embodies
the ideals and aspirations of the Filipino people and the promotion of their welfare.

Also known as the supreme or organic law, a constitution is that body of rules
and principles in accordance with which the powers of sovereignty are regularly
exercised. It is an embodiment of norms that regulate the relations of the government
to its people. Etymologically, constitution came from the latin word ‘constituo’, which
means fixed, established and settled.

Typology of Constitution

There are three general types of constitutions, namely:

1. Typology according to genesis and development. Constitutions may be
conventional or enacted and cumulative or evolved. A conventional or enacted
constitution is one which is enacted by a constituent assembly. A constitution is
cumulative or evolved if it results from a long period of developments or
evolution.

2. Typology according to form. Constitution may be classified as written and

unwritten. A written constitution is one that has a definite written form and
enacted by a duly constituted authority, like a constitutional convention, and
adopted by a particular time. The unwritten constitution is one that is a product of
evolution. It consists of large mass of customs, usages and a small body of
legislative enactments of different dates of a fundamental character.

3. Typology according to the manner of their amendment. Constitution maybe

classified as rigid or elastic and flexible or elastic. A rigid constitution is inelastic.
It is one that cannot be modified or amended except by special means that is
difficult than the process of legislation, e.g., a constitutional convention. A
constitution is flexible or elastic if it is based on ordinary statutory or legislative
enactments which may be modified in the same manner as ordinary laws.
Rights and Obligations of Citizens

A. Classification of Rights
Classes of Rights
1. Natural Rights - those rights possessed by every individual without
being granted by the state for they are given to man by God as a
human being.
a. right to live
b. right to love

2. Constitutional Rights - those rights which are conferred and

protected by the constitution.
Since they are part of the fundamental law they cannot be
modified or taken away by the law-making body.

3. Statutory Rights - those rights which are promulgated by the

lawmaking body and consequently may be abolished by the same
body.

B. Classification of Constitutional Rights

1. Political Rights - rights of the citizens which give them the power
to participate directly or indirectly in the establishment and
administration of the government.
1. right of citizenship
2. right of suffrage
3. right to information or matters of public concern

2. Civil Rights - those rights which the law will enforce at the
instance of private individuals for the purpose of securing to them
the enjoyment of their means of happiness.
1. Right against involuntary servitude
2. Right against imprisonment for nonpayment of debt or poll tax
3. Constitutional rights of an accused
4. Liberty to abode
5. Social and economic right
6. Freedom of speech

3. Social and Economic Rights - rights which are intended to

insure the well- being and economic security of the individual.
1. Right to property
2. Right to just compensation for private property
3. Promotion to education
4. Promotion of social justice
5. Utilization of natural resources

4. Rights of the Accused - civil rights intended for the protection of

a person accused of any crime.

Rights and Liberties of Filipino Citizens

The Bill of Rights, also known as Charter of Individual Liberties, springs

from the recognition accorded by the government of the intrinsic value of its people in
successful governance. As declared or enumerated in the Article III of the Constitution,
the Filipino citizens have the following rights and liberties, namely:
 1. Right to life
2. Right to liberty
3. Right to property
4. Right to equal protection of the laws
5. Right against unreasonable searches and seizures
6. Right to privacy of communication and correspondence
7. Freedom of expression
8. Freedom of religion
9. Right to form associations
10. Liberty of abode and of travel
11. Right to information
12. Right against impairment of obligation of contracts

Important Sections of Article III

Section 1
Right to life. Man’s life is gift of God. On this premise, it must be
respected by the government and by the citizens. There is only
one condition by which a citizen maybe deprived of his life, that is,
when the deprivation is a punishment for a crime arising out of a
conviction by a court of justice after fair trial.

Right to Liberty. Liberty denotes the state of being not subject to

restriction or control; the condition of not being in confinement or
servitude. It is the right to act freely and in a manner one chooses.
It includes the right to use and enjoy one’s faculties. The right may
only be interfered with by the state if in the exercise and enjoyment
of the same one trespass upon the rights of others and violate the
laws.

Right to property. The right that is protected in the constitution

refers not only to the possession or the thing itself but also to the
right over the thing. This means that the owner may use his
property, dispose it off by sale or donation, or encumber it subject
to the right of other persons alone and the inherent power of
eminent domain.
However, the exercise of power of eminent domain is subject to
three requirements: observance of due process of law,
payment of just compensation, and public use.

Right to equal protection of the laws. All persons regardless of

their circumstances in life, that is, whether they are rich or poor,
educated or illiterate, shall be treated equally before the law.
Section 2.
Right against unreasonable searches and seizures. This right
is based on the constitutional guarantee of the duty of the state to
provide security to the persons, houses, papers, and effects of its
people. An unreasonable search and seizure is one that is
conducted illegally or without warrant.
A search warrant or warrant of arrest is valid if it
complies with the following requirements.
1.a probable cause determined personally by the judge issuing it
after examination of the complainant and witness.
2.the warrant which describes in particular detail the place to be
search, the things to be seized and the person to be arrested.
Section 3
 Rights to privacy of communication and correspondence. The
provision covers the guarantee from unnecessary interference on
the right of the people to respond and communicate with one
another. The constitution provide two instances by which the state
may lawfully interfere with this freedom. These are:
1. Upon lawful order of the court
2. When public safety or order requires it as provided or defined by
law.
Section 4
Freedom of expression. It is the act or process of conveying in
words and other medium what one wishes without prior restraint or
censorship by the government. The freedom of expression may be
regulated by the State to insure that the exercise thereof does not
infringe on the rights of others. The constitution guarantees the right
of citizens to peacefully assemble in order to express their views and
opinions on important public concerns and to petition the government
for redness of their grievances.

Section 5
Freedom of religion. The right of religious worship means that
every person is free to choose the kind of relationship he wants
with God and to worship Him in a manner he likes and according to
his conscience.

Section 6
Liberty to abode and of travel. This means that every person has
a right to establish his home in any place. He is also free to change
his abode or to transfer it from one place to another. It includes the
right to travel freely in the Philippines and outside thereof to any
foreign country. The liberty to abode is subject to the following
conditions:
1. Lawful order of the court
2. In the interest of national security, public safety, or
public health as provided by law. This implies that right
maybe interfered with by the State under these
circumstances through its police power.
Section 7
Right to information. Every Filipinos has the right to gather or
obtain information from official records, documents, and papers
relating to officials acts, transactions, or decisions of the
government.
Limitation of this right
1. Records concerning and affecting the security of the
State and other documents which by their nature are
confidential may not be disclosed to the public
Section 8
Right to form association. The constitution guarantees the right
of the people to form or join associations. The right may not be
curtailed as long as the societies formed espouse principles and
pursue objectives that are not contrary to or against any law.
Section 9
Right to property. The right that is protected in the constitution
refers not only to the possession or the things itself but also to the
right over the things. This means that the owner may use his
 property, dispose it off by sale or donation, or encumber it subject
to the right of other persons alone and the inherent power of
eminent domain.
Section 10
Right against impairment of obligation of contracts .A
contract obliges the contracting parties to perform their agreement
according to its terms and conditions. The constitution prohibits the
enactment or passage of a law alters or changes the conditions or
terms of contracts without the consent of the parties thereto.

Rights of Persons under Investigation (Also known as Miranda Rights,

Rule or Law)
A person who is under investigation for the commission of a crime has
the following rights:
1. Right to be informed of his right to remain silent
2. Right to have independent and competent counsel
3. Right against torture, force, violence, treat, intimidation, or any means which
vitiate the free will
4. Right against being held in secret, incommunicado, or similar forms of solitary
confinement.

Rights of the Accused

1. Right to due process
2. Right to free to the court
3. Right to adequate legal assistance
4. Right to bail
5. Right to presumption of innocence
6. Right to be informed of the nature and cause of accusation against him
7. Right to have speedy, impartial, and public trial
8. Right to meet the witness face to face
9. Right to compulsory process
10. Right against self-incrimination
11. Right against detention for political beliefs
12. Right against involuntary servitude
13. Right against excessive fines
14. Rights against cruelty, degrading or inhuman punishment
15. Right against double jeopardy

Section 11
Right of free access to the courts. All citizens, rich or poor, are
guaranteed access to the courts of justice and quasi-judicial bodies
of the government.
Section 12
Right to adequate legal assistance. The State through the Public
Attorney’s Office provides free legal assistance to citizens who are
unable to hire a lawyer by reason of their being poor.
Section 13
Right to bail. Bail is the security required by the court and given for
the temporary release of the person who is in the custody of the law,
that he will appear before any court in which his appearance maybe
required as stated in the bail bond or recognizance. Guidelines for
the fixing of the amount of bail are contained in the Rules of Court.
Section 14
Right to due process of law. Simply means fair trial, that is, a
person who is charged with a criminal offense before a court is given
the opportunity to defend himself in court and that before judgment
is issued or rendered, there is a trial.
Right to presumption of innocence. In all criminal prosecutions,
the accused is always presumed innocent and according to
established rules, and procedures
Right to be informed of the nature and cause of the accusation.
Every person accused of an offense has the right to know the nature
and the cause of the accusation against him and why the crime is
imputed to him.
Right to have a speedy, impartial, and public trial. Speedy trial
means one that could be dome immediately without capricious delay.
A trial is impartial if it is conducted by the court without bias for or
against the litigants and that the case is decided solely on its merits.
Public trial is one that is open to the public. In meritorious instances,
as when public morals and decency are to be protected, the publics
may be excluded from the trial.
Right to confront witness. The accused has the right to confront or
meet the witness face to face. The grant of this right to the accused
rests on the following qualifications:
1. To allow the accused to cross examine, through his counsel,
the witnesses against him in order to test and prove into the
veracity or truth of their testimonies, affidavits, and evidence.
2. To afford the judge the opportunity to see for himself how the
witnesses behave while testifying and being
cross-examined.
Right to compulsory process. Every person accused with a crime
has the right to have compulsory process to secure the appearance
or attendance of witnesses and the production of his evidence.
Compulsory process may be done through subpoenas to require
or compel witness to appear and testify in court in his behalf and
subpoenas duces tecum to require the production of documents,
articles, or any other documentary evidence.
Section 17
Right against self-incrimination. The accused cannot be
compelled to testify against himself. The right to remain silent is an
important corollary to his right. It is based on the principle of
self-preservation.
Section 18
Right against detention for political beliefs. The constitution
abhors the detention of any person by reason of his political beliefs
and aspiration. The right against detention for political beliefs
encourage the citizens to participate actively in the affairs of the
state thereby becoming catalyst of political change
Right against involuntary servitude. No person can be forced to
render compulsory service to another. The exemption is a
punishment for a crime. Meaning, that person can be required to
render service for a crime he is convicted.
Section 19
Right against excessive fines. A person convicted a crime may be
meted out a penalty of imprisonment and fine at the same time. The
constitution guarantee against excessive fines ordains that the fine
imposed on a convict must be the one provided in the law. If the pine
 imposed exceeds or goes beyond what the law provides, it is
excessive. The court, in determining the fine to be imposed must
consider both the ability of the convict to pay the fine and the nature
of the offense, among others.
Right against cruel, degrading or inhuman punishment. The Bill
of Rights bans the subjection of a convict to cruel, degrading or
inhuman punishment. This means that torture, mutilation or
severance or cutting off of body parts, water cure, starvation
and other barbaric punishments are prohibited
Section 21
Right against double jeopardy. Putting a person twice in jeopardy
of punishment for the same offense constitutes double jeopardy. If a
person who is charged with a crime is acquitted or convicted without
his express or written consent, he cannot anymore be charged with
the same offense for to do so would put him in double jeopardy,.
The guarantee provides protection to a person against the chance of
being punished or tried twice for one and the same offense.

Lesson 2: Citizenship

Citizenship is a very important thing to understand because it is the position or

status legally recognized in a particular country along with the rights duties and
privileges. It is also a relationship between an individual and a state to which the
individual owes allegiance and in turn, is entitled to its protection. In short, it implies
the status of freedom with accompanying responsibilities. Citizenship is the most
privileged form of nationality which denotes protection wherever individuals are
staying.

In Ancient Greece, the concept of citizenship started in towns or city-states where

it generally applied to property owners, the right to vote, and liable to taxation and
military service but not to women, slaves, or poorer members of the community.

In some countries like the United States and from that of the British
Commonwealth, they adopted the two main systems as a basic principle used to
determine citizenship as the time of birth called jus soli, whereby citizenship is
acquired by birth within the territory of the state regardless of parental citizenship. The
other one is jus sanguinis whereby a person, whenever born is a citizen of the state.

In the Philippines, from 1935 or Commonwealth Constitution to 1973 or Martial

Law Constitution, minimal changes were mentioned about citizenship. Now Filipinos
have a clear understanding of citizenship as stated in the 1987 or Freedom
Constitution which is explained in Article 4 with 5 sections. Section 1 distinguishes the
citizens of the Philippines while Section 2 refers to natural citizenship. Sections 3, 4,
and 5 adhere to reacquisition, retention, and dual allegiance of citizenship.

The Concept of Citizenship

1. Citizen and Citizenship
Citizenship indicates the membership of a citizen in a democratic
political community, as distinguished from a subject who is a member
of a monarchical political community. It implies mutual relationship
between the individual and the state.
Citizen is a person who has the title of citizenship
2. Citizenship and Nationality
Citizenship is the status of owing allegiance to a state in return for the
protection that the state affords the citizenship.
 Nationality indicates ethnic affiliation.
In legal parlance, particularly as a concept in Civil Law and Private
International Law, citizenship and nationality means the same thing.
3. Acquisition of Citizenship
Methods of Acquiring Citizenship
1. Involuntary method
If citizenship comes as a result not of the free will or voluntary
act of the citizen but brought about by facts or circumstances
beyond his control like blood relationship or place of birth.
2. Voluntary method
Citizenship is acquired through the voluntary act of
naturalization.
Naturalization
The process of officially making or adopting a foreigner as
member of the political community of a state and vesting him the
rights, as well as privileges, of a native-born citizen.
Naturalization may be viewed in two senses
1. Strict sense- it is a judicial process, whereby the requirements of the law
as to its form have to be followed. Two of these formalities are the
opportunity for judicial hearing and approval of the petition
2. Broad or loose senses is not only the judicial procedure but also the
acquisition of another

Kinds of Citizens

Who are the citizens of the Philippines? The citizens of the Philippines are
those enumerated in Section 1, Article IV of the Constitution, as follows:
1. Those who are citizens of the Philippines at the time of the adoption of the
1987 Constitution.
The 1935 and 1973 Constitutions of the Philippines also contained a similar
provision. This provision recognizes the Filipinos who have acquire the title of citizen
at the moment the constitution took effect regardless of the manner or mode they
have become citizens, provided that means of acquisition is not illegal.
2. Those whose fathers or mothers are citizens of the Philippines.
It pertains to citizens by blood based on the jus sanguinis rule as recognized
in the Philippines. Under this rule, a person, whether legitimate or
illegitimate, who is born of a Filipino father or mother is likewise a citizen of
the Philippines whether the father or mother is natural-born or naturalized.
Under the 1987 Constitution, it is not necessary that both parents are
Filipinos in order for a child to become a Filipino. It is enough that either of
the parents, the father or mother, is a Filipino.
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of maturity.
The phrase “those born before January 17, 1973,” refers to those born under
the 1935 Constitution or before the effectivity of the martial Law Constitution
on Jan 17, 1973.
Under the Commonwealth Constitution, as the 1935 Constitutions otherwise
referred to. A child of a Filipino mother married to an alien is a foreigner and
remains to be so until he elects Philippine citizenship upon reaching the
majority age. The phrase” upon reaching the age of maturity has been
interpreted to means “three years after reaching the age of majority.
4. Those who are naturalized in accordance with law.
Those who are naturalized in accordance with the law on
naturalization.
Natural-born Filipino Citizens
They are those who are already citizens of the Philippines at the time of their birth
and don’t have to or perform any act to become Filipinos. Under Sec. 2. Of the Article
on Citizenship in the Constitution those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the age of majority are, for all
intents and purposes, deemed natural-born citizens.

Citizenship of Filipino Who Marries an Alien

A Filipino who marries a foreign national shall remain a Filipino. This is the intent
of the Constitution. Sec. $. Art. IV provides that” citizens of the Philippines who marry
aliens shall retain their citizenship” even if such Filipinos who are married to foreign
nationals acquired or are granted the citizenship of their spouses’ country(ies).

Multiple Nationalities
Does dual or multiple nationalities exist? The Hague Convention of Conflict
Nationality Law (Art.2) provides that: “Any question as to whether a person possesses
the nationality of a particular state should be determine in accordance with the law of
the state.”

It could be deduced from this article that with reference to the countries directly
involved, dual or multiple nationality does not exist. But from the vantage point of a
third state, it exists.

Dual Allegiance
The Constitution prohibits dual allegiance and declares it inimical to the national
interest (Sec 5, Article IV). The prohibition against double allegiance addresses the
issue of Filipino citizens of foreign ancestry or parentage of owing allegiance to the
Philippine Republic while at the same time maintaining very close ties and loyalty with
their country of origin.

Statelessness
How does a person become stateless? A person may become stateless or
without a state to be identified with through any of the following instances:
1. Deprivation of his citizenship for any cause.
2. Renunciation of his nationality, expressly or impliedly.
3. Voluntarily release from his original state.
4. Birth in a country which applies only on the theory of jus sanguinis (citizenship
based on blood) of parents whose country adopts only the principle of jus soli
(citizenship based on place of birth).
The Hague Conference on Private International law (1928) provide that the personal
law of a stateless person is the law of the domicile (habitual residence) or secondary
law of the place of temporary residence.

Lesson 3: The Philippine Flag

In your basic education curriculum, of course, you had been required to attend
flag raising and lowering ceremonies, make flaglets to be displayed in your school or
home as the commemoration of Independence Day approaches, and the like.
Likewise, you had been introduced early on the basic concepts about our flag and
some of the common ways of showing reverence to it. Nonetheless, these are all
mandated by law as it is one of our foremost duties as a Filipino citizen. In this part of
the Module, you will be enlightened on the whats, hows, and whys of our Philippine
flag.
Brief History

Did you know that if not for the Philippine Revolution of 1896, we will not have
a national flag of our own? Our early flags were those of the Katipunan and prior to
this, the Spanish flag is the only flag that we knew.

The design of the Philippine flag that we know and use today is said to have
been conceived by Feliciano Jocson and was later refined by Gen. Emilio Aguinaldo,
President of the Revolutionary Government, during his exile in Hong Kong in 1897.
Marcela Agoncillo handsewn the first Philippine flag in Hong Kong with the help of her
daughter Lorenza and Delfina Herbosa Natividad (niece of Jose Rizal) and later
brought to the Philippines by Gen. Aguinaldo. The flag was first raised by Gen.
Aguinaldo at Teatro Caviteño in Imus, Cavite on May 28, 1898, after the Battle of
Alapan – the first fight of the Philippine Revolutionary Army that defeated the Spanish
forces. The same flag was, however, hoisted officially in Kawit, Cavite during the
proclamation of Philippine Independence on June 12, 1898. Likewise, it was raised
with dignity during the inauguration of the Malolos Congress on September 15, 1898.
From then on, it served as the national flag of the Philippines. Figure 1 shows the
evolution of our national flag. (For a more detailed article on the history/evolution of
the Philippine flag, visit https://pilipinas.org/the-history-of-our-philippine-flag/)

Figure 1. Evolution of the Philippine flag

Retrieved from the Presidential Communications Development and Strategic Planning
Office (PCDSPO) https://www.officialgazette.gov.ph/the-philippine-flag/

Symbols and Meanings

The flag is the country’s most cherished symbol. It is the nation’s emblem for
freedom. It symbolizes patriotism, love of country and sense of nationhood and
embodies the aspirations and sentiments of the Filipino people in their unceasing
quest for independence. It stands as an instrument of unity that binds the Filipino
people (Arevalo 2012, NHCP).
It is then interesting to decipher the meanings of the symbols found in our flag
to further enhance our appreciation of it. The table below concisely presents the
symbolisms used in the Philippine flag and their meanings.
Table 1. Philippine flag symbols and meanings

Symbolism Meaning/Representation
Blue stripe Peace, truth and justice
Red stripe Patriotism and valor
Equilateral white Liberty, equality, fraternity
triangle The emblem of the Katipunan
Golden yellow sun Unity, freedom, people's democracy, and sovereignty
Eight primary rays Eight provinces with significant involvement in the
of the sun 1896 Philippine Revolution against Spain or the first eight
provinces placed under martial law by Spain because of the
insurrection – Batangas, Bulacan, Cavite, Laguna, Manila,
Nueva Ecija, Pampanga and Tarlac
Three stars at the Three major island groups – Luzon, Visayas and Mindanao
vertex of the
triangle

It is said that our flag’s unique feature is that it can be used to indicate a state
of war just by flipping it upside down with the red stripe displayed on top.

Legal Bases/Foundations of the Philippine Flag

To date, there are two major laws/issuances that are being implemented
relating to our national flag: EO 179 and RA 8491. The details of which are
summarized in the table below.

Table 2. Laws/Executive Issuances relating to the Philippine flag

Laws/Executive
Title Date Purpose
Issuances
Executive Order 179, Prominent Display of May 24, Encourages the
s. 1994, Pres. Fidel V. the National Flag in All 1994 observance of National
Ramos* Buildings, Flag Days from May 28
(With reference to and Establishments, and to June 12 every year
consolidation of Homes from 28 May to commemorate the
Proclamation No. 374 1994 to 12 June 1994 first furling of the flag
dated March 6, 1965 and Every Year (May 28, 1998) and to
and Executive Order Thereafter, and for honor the sacrifices of
137, Sec. 8 dated other Purposes our heroes for our
January 7, 1965) hard-earned freedom
Republic Act No. Flag and Heraldic February Prescribes the Code of
8491** Code of the 12, 1998 the National Flag,
Philippines Anthem, Motto,
Coat-of-Arms and other
heraldic items and
devices of the
Philippines
* For details, visit https://www.officialgazette.gov.ph/1998/02/12/republic-act-no-8491/
** For details, visit https://www.officialgazette.gov.ph/1994/05/24/executive-order-no-179-s-1994/
References:
1. Aruego, Jose M. 1981 Principle of Political Science, University Book Supply,
Inc
2. https://www.officialgazette.gov.ph/the-philippine-flag/
3. https://www.officialgazette.gov.ph/1998/02/12/republic-act-no-8491/
4. http://www.thepinoywarrior.com/2013/05/dos-and-donts-of-philippine-flag.html
5. https://www.sunstar.com.ph/article/289005/Local-News/The-Philippine-flag-w
hy-and-how-we-should-respect-it
6. https://filipino.biz.ph/history/philippine-flag.html
7. https://nhcp.gov.ph/the-philippine-flag-symbol-of-our-sovereignty-and-solidarity/
8. https://www.immigration.gov.ph
9. https://www.refworld.org
10. https://www.officialgazette.gov.ph
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