Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros.

Manuel Aurelio NWU Laoag College of Law

1. Who are the citizens of the Philippines according to the 1973 Constitution and the
1987 Constitution

Article III, Section 1 of The 1973 Consitution states that the following are citizens of the
Philippines:

a) Those who are citizens of the Philippines at the time of the adoption of this
Constitution.

b) Those whose fathers and mothers are citizens of the Philippines.

c) Those who elect Philippine citizenship pursuant to the provisions of the

Constitution of nineteen hundred and thirty-five.

d) Those who are naturalized in accordance with the law.

Article IV, Section 4 of the 1973 Consitution states that the following are citizens of the
Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this
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; and

(4) Those who are naturalized in accordance with the law.

2. Is there a difference when a foreigner marries a Filipino? How about if a Filipino

married and got divorced in a foreign country?

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. (1987 Philippine
Constitution)

What is the effect of marriage of a Filipino citizen to an alien?

Under Commonwealth Act 63, a Filipino woman loses her Philippine citizenship “upon her
marriage to a foreigner if, by virtue of the laws in force in her husband’s country, she acquires
his nationality.” But the 1973 Constitution repealed this statutory rule and the 1987 Constitution
made it applicable not just to female citizens. Art. IV, Sec. 4 of the 1987 Constitution now
provides that:

"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."

Under Section 4, a Filipino citizen who marries an alien does not automatically lose his or her
citizenship, even if his or her nationality was granted by his or her husband’s or wife’s country.
Only by their act or omission are they deemed under the law to have renounced their citizenship
such as taking an oath of allegiance to a foreign country. If a Filipino woman marries an alien
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

and acquires her husband’s citizenship, she will possess two citizenships, Philippine citizenship
and that of her husband.
On the flip side, if a Filipino was married to an alien and got divorced abroad he/she
likewise therefore have the capacity and legal right to remarry abroad or if he/she decides to
return the Philippines and remarry a Filipino then Article 26 of the Family Code shall apply.

while Philippine law does not allow absolute divorce, allows a Filipino married to a foreign
national to contract a subsequent marriage if a divorce decree is validly obtained by the alien
spouse abroad, thus:

Article 26. x x x

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce
is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall likewise have capacity to remarry under Philippine law.

Under the second paragraph of Article 26, the law confers jurisdiction on Philippine courts to
extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to
determine the validity of the dissolution of the marriage.

3. Can a dual citizen of Filipino and American citizenship run for mayor in the
Philippines?

No. There is a Prohibition of Dual Citizenship for Persons who opt to Run for Public Office.
Those seeking elective public in the Philippines shall meet the qualification for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath.

4. What are the prerequisites of voting

Article V Section 1 of the 1987 Constitution provides that the right of 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.

5. Give requirements to run for the following:

a. President e. Governor
b. Vice-President f. Other Provincial Officials
c. Senator g. Mayor & Other Municipal Officials
d. House of Representatives

a) Qualification for Philippine President and Vice-President:

1. natural born citizen of the Philippines
2. registered voter
3. able to read and write
4. at least 40 years of age on the day of election
5. resident of the Philippines for at least 10 years immediately preceding the election
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

b) Qualifications for Philippine Senators:

1. natural born citizen of the Philippines
2. at least 35 years old on the day of the election
3. able to read and write
4. registered voter
5. resident of the Philippines for not less than 2 years immediately preceding the day of
the election

c) Qualification for Philippine Congressmen (District Representative):

1. natural born citizen of the Philippines
2. on the day of the election at least 25 years old
3. able to read and write
4. registered voter in the district in which he shall be elected
5. resident thereof a period of not less than 1 year immediately preceding the day of the
election.

d) Qualification for Philippine Party-List Representative (Sectoral representative):

1. natural born citizen of the Philippines
2. able to read and write
3. a registered voter
4. resident of the Philippines for a period not less than 1 year immediately preceeding
the day of the election
5. bona fide member of the sector he seeks to represent (must belong to their respective
sectors, or must have a track record of advocacy for their respective sectors)
6. on the day of the election is at least 25 years old BUT in case of youth sectoral
representative, at least 25 years and not more than 30 years old at the day of the election

Qualifications for Philippine Local Officials:

1. citizen of the Philippines
2. on the day of election at least 23 years old for Governor, Vice-Governor, member of
Sangguniang panlalawigan, mayor, vice-mayor, Sangguniang panglungsod in highly
urbanized cities; while at least 21 years old for the said officials in component cities and
municipalities; at least 18 years old for members of the sangguniang panglungsod,
Sangguniang bayan and Sangguniang barangay and Punong Barangay; at least 15
years old and not more than 21 years of age for Sangguniang kabataan.
3. able to read and write Filipino or any other local language or dialect
4. registered voter in the constituency in the locality
5. resident thereof for a period of not less than 1 year immediately preceding the day of
the election

6. Explain briefly how a bill becomes a law

Before a congressional bill becomes a law, it has to undergo a process with both houses
of Congress, namely the Lower House, or the House of Representatives and the Senate of the
Philippines. The process is mandated by the Constitution, and implemented by House of
Representatives Rules of Procedure as follows:
Firstly, the bill is drafted and prepared by the the Bill Drafting Division then the bill is filed
with the Bills and Index Service and the same is numbered and reproduced. Three days after its
filing, the same is included in the Order of Business for First Reading. On First Reading, the
Secretary General reads the title and number of the bill. The Speaker refers the bill to the
appropriate Committee/s who then evaluates the Bill, conducts public hearings, makes
recommendations, and transmits the same to Plenary Session for appropriate action. Based on
the result of the public hearings or Committee discussions, the same may introduce
amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

prepares the corresponding committee report. The Committee approves the Committee Report
and formally transmits the same to the Plenary Affairs Bureau.
When the Bill undergoes its Second Reading, the Committee Report is registered and
numbered by the Bills and Index Service. It is included in the Order of Business and referred to
the Committee on Rules where it schedules the bill for consideration on Second Reading. On
Second Reading, the Secretary General reads the number, title and text of the bill and the
following takes place: (1) Period of Sponsorship and Debate; (2) Period of Amendments; (3)
Voting may be by viva voce, count by tellers, division of the House; or nominal voting.
When the Bill undergoes its Third and Final Reading, the amendments, if any, are
engrossed and printed copies of the bill are reproduced for Third Reading. The engrossed bill is
included in the Calendar of Bills for Third Reading and copies of the same are distributed to all
the Members three days before its Third Reading. On Third Reading, the Secretary General
reads only the number and title of the bill. A roll call or nominal voting is called and a Member, if
he desires, is given three minutes to explain his vote. No amendment on the bill is allowed at
this stage. The bill is approved by an affirmative vote of a majority of the Members present. If
the bill is disapproved, the same is transmitted to the Archives. The approved bill is transmitted
to the Senate for its concurrence. After the Bill is approved with the lower house of Congress, it
will be transmitted to the Senate. The bill undergoes the same legislative process in the Senate.
Thus, the Bill will proceed with steps outlined above, but this time before the Senate.
Once approved by both Houses of Congress, a Bi-Cameral Conference Committee is
formed to deliberate, integrate, and reconcile the changes and amendments of the different Bills
which were passed before both Houses of Congress. A Conference Committee is formed to
amend, revise, and finalize the Bill who are composed of Members from each House of
Congress to settle, reconcile, or thresh out differences or disagreements on any provision of the
bill. The conferees are not limited to reconciling the differences in the bill but may introduce new
provisions germane to the subject matter or may report out an entirely new bill on the subject.
Thereafter, the Conference Committee prepares a report to be signed by all the
conferees and the Chairman to which the same Report is submitted for consideration/approval
of both Houses. No amendment is allowed. Copies of the bill, signed by the Senate President
and the Speaker of the House of Representatives and certified by both the Secretary of the
Senate and the Secretary General of the House, are transmitted to the President.
Finally, If the Bill is approved, the same is assigned an RA number and transmitted to the
House where it originated. The bill is then reproduced, and copies are sent to the Official
Gazette Office for publication and distribution to the implementing agencies. It is then included
in the annual compilation of Acts and Resolutions. However, If the bill is vetoed by the
President, the bill, together with a message citing the reason for the veto, is transmitted to the
House where the bill originated.

7. How can a bill becomes a law without presidential approval

A bill may also become a law without the President's signature if Congress overrides a
presidential veto by two-thirds vote. When the Bill is vetoed, the message is then included in the
Order of Business. If the Congress decides to override the veto, the House and the Senate shall
proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed
items is passed by a vote of two-thirds of the Members of each House, such bill or items shall
become a law.

8. Explain the meaning of uniformity of taxation w/ example

Section 28 (c), Article VI of the Constitution provides that “the rule of taxation shall be
uniform and equitable.” The concept of uniformity, herein, impliest that in taxation, all taxable
articles or properties of the same class shall be taxed at the same rate requiring the uniform
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

application and operation, without dis===crimination, of the tax in every place where the subject
of the tax is found. The tax is uniform when it operates with the same force and effect in every
place where the subject of it is found. "Uniformity" means all property belonging to the same
class shall be taxed alike.
However, it does not require absolute identity or intrinsic equality under all
circumstances, but subject to reasonable classification or simply a geographic, uniformity
(Churchill & Tait vs. Conception, 34 Phil. 969). Uniformity does not require the same treatment; it
simply requires reasonable basis for classification. The concept of equity in taxation requires
that the apportionment of the tax burden be, more or less, just in the light of the taxpayer’s
ability to shoulder the tax burden and, if warranted, on the basis of the benefits received from
the government. Its cornerstone is the taxpayer’s ability to pay.
In the following cases, the uniformity requirement is not violated:

(a) Where a statute imposes a tax of P2.50 a square meter or fraction thereof on every billboard
or sign anywhere in the country (Churchill vs. Concepcion, 10 Phil.381 1908.)

(b) Where a license tax is imposed upon hotels and the amount required to be paid is graduated
by the number of rooms which may be devoted to the accommodation of the public (St. Louis
vs. Bircher,7 Mo. App.169; US vs. Sumulong, 30 Phil.381 1915.)

(c) Where those with different incomes are made to pay different rates of tax because in this
case the incomes are considered as belonging to different classes;

(d) Where residential houses, regardless of their assessed value, are considered for purposes
of taxation as belonging to one class (i.e., residential property and made subject to the same
rate (e.g., 2% of assessed value) but different amounts of tax depending on their value;

The law, however, may validly further classify such property according to their assessed value
and levy different rates, and consequently, different amounts of tax on the basis of such value;

9. What is the order of succession in the presidency

The following are the provisions for the Philippine presidential line of succession of the current
Constitution of the Philippines adopted in 1987.

Prior to the start of the term

If a president was elected but failed to qualify, the vice president who was elected will act
as president until the president qualifies. If there was no president elected, the vice
president who was elected will act as president until a president is elected and qualifies If
at the beginning of the term of the president, the president-elect dies or has become
permanently disabled, the vice president who was elected becomes president
If neither a president nor a vice president had been chosen or had qualified, or if both
had died or had become permanently disabled, the president of the Senate or, in case of
their inability, the speaker of the House of Representatives, will act as president until a
president or a vice president is chosen and qualifies.

During the term

If the president dies, becomes permanently disabled, is removed from office, or resigns,
the vice president becomes the president and serves the unexpired term. If both the
president and the vice president die, become permanently disabled, are removed from
office, or resign, the president of the Senate or, in case of their inability, the speaker of the
House of Representatives, will act as president until a president or vice president is
elected and qualifies.
If the acting president dies, becomes permanently disabled, is removed from office, or
resigns, Congress shall, by law, provide who shall serve as president. They shall serve
until the president or the vice president shall have been elected and qualified, and be
subject to the same restrictions of powers and disqualifications as the acting president
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

10. Explain how the Philippines can enter into war

Section 23, Article VI of the Constitution reads:

(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting
separately, shall have the sole power to declare the existence of a state of war.

(2) In times of war or other national emergencies, Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof. It
may be pointed out that the second paragraph of the above provision refers not only to war but
also to "other national emergency." If the intention of the Framers of our Constitution was to
withhold from the President the authority to declare a "state of national emergency" pursuant to
Section 18, Article VII (calling-out power) and grant it to Congress (like the declaration of the
existence of a state of war), then the Framers could have provided so. Clearly, they did not
intend that Congress should first authorize the President before he can declare a "state of
national emergency." The logical conclusion then is that the President could validly declare the
existence of a state of national emergency even in the absence of a Congressional enactment.
Let it be emphasized that while the President alone can declare a state of national emergency,
however, without legislation, he has no power to take over privately-owned public utility or
businesses affected with the public interest. The President cannot decide whether exceptional
circumstances exist warranting the take over of privately-owned public utility or businesses
affected with the public interest. Nor can the President determine when such exceptional
circumstances have ceased. Likewise, without legislation, the President has no power to point
out the types of businesses affected with public interest that should be taken over. In short, the
President has no absolute authority to exercise all the powers of the State under Section 17,
Article VII in the absence of an emergency powers act passed by Congress.

11. Explain how the Philippines can declare martial law

Under the current Constitution of the Philippines, the President, as head of state and
commander in chief of the armed forces, may declare Martial Law “in case of invasion or
rebellion, when the public safety requires it.” Most countries use a different legal construct like
"state of emergency". Typically, its imposition accompanies curfews, the suspension of civil law,
civil rights, habeas corpus, and the application or extension of military law or military justice to
civilians. Civilians defying martial law may be subjected to military tribunals (court-martial).

Section 18, Article VII of the Constitution reproduced as follows:

Sec. 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 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.
 Karl Jason Josol CONSTITUTIONAL LAW ASSIGNMENT#2 Ret. Pros. Manuel Aurelio NWU Laoag College of Law

12. How can the president pardon a criminal

A pardon is an act of grace from the Chief Executive i.e. the President himself in
absolving a person from the sentence stipulated for the offence he has committed and unless
otherwise specified in the pardon conditions, a pardon does not result, nonetheless, in "the
restoration of the right to hold public office, or the right of suffrage." Additionally, it does not
relieve the convict of the obligation to pay the sentence's civil indemnity requirement.
Section 19 Article VII of the 1987 Constitution provides that the President has the power
to pardon convicted felons, to wit: Except in cases of impeachment, or as otherwise provided in
this Constitution, the President may grant reprieves, commutations, and pardons, and remit
fines and forfeitures, after conviction by final judgement. He shall also have the power to grant
amnesty with the concurrence of a majority of all the Members of the Congress. However, said
power does not cover those who violated election laws, in which any petition for pardon has to
have the approval of the Commission on Elections.

[Art. 160(2), RPC] General Rule: A quasi-recidivist may be pardoned and pardon is to be given
to a convict who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years; and
3. Has already served out his original sentence or if he completing it after reaching such age