CONSTITUTIONAL LAW 1 07/20/2020

Based on the lectures of Atty. JP Asong

I. CONSTITUTIONAL LAW 1- INTRO Some constitution is not written.

GENERAL PRINCIPLES Constitution etymology

What is Political Law? Middle English (denoting a law, or body of laws or customs from Latin
constitution, from “constiture,” “establish” or “appoint”)
That branch of public law which deals with the organization and
operations of the governmental organs of the State and defines the That body of rules and maxims in accordance with which the power of
relations of the State with the inhabitants of its territory. [People vs. sovereignty are habitually exercised.[Cooley, Constitutional Limitations]
Perfecto, 43 Phil.887; Macariola v. Asuncion 114 SCRA 77].
Fundamental powers of the state is limited.
Public law-refers to the relationship between the individual and the
government or the State. Explanation: Napakalawak ng kapangyarihan ng estado, kapag hindi ito
nilimitahan it can be subject to abuse. A Constitution is a system of
For example in the United Kingdom, Public law would refer to: fundamental laws for the governance and administration of a nation.
1. Constitutional law
2. Administrative law  It is supreme, imperious, absolute and unalterable except by the
3. Criminal law authority from which emanates. It has been defied as the
4. Taxation law fundamental and paramount law of the nation.

Scope of Political Law It prescribes the permanent framework of a system or government, assigns
to the different departments their respective powers and duties, and
The entire field of political law may be subdivided into: establishes certain fixed principles on which government is founded.
[Manila Prince Hotel vs. GSIS, February 3, 1997].
1. The law of public administration
2. Constitutional law 1. Executive
3. Administrative law 2. Legislative
4. The law of public corporations 3. Judicial

Explanation: Because of the complexity of our society the scope of political It is through constitution that the fundamental powers of the government
law has widen. For example: are established, limited, and defined, and by which these powers are
distributed among the several departments.
1. Election law
2. International law Structures from Art. 6, 7, 8 it is where the power is allocated for example,
the congress, executive, and judiciary.
Constitutional law
 The Constitution is the basic and paramount law to which all
Example: other laws must conform and to which all persons, including the
highest officials of the land, must defer. [Biraogo v. Philippine
1. Delegation of Legislative Powers Truth Commission, December 7, 2010]
2. Fundamental Inherent power of the State
3. Congress Anything that is ….of the constitution null and void.
4. Legislature
5. Government The Constitution is a testament to the living democracy in this jurisdiction.
It contains the compendium of the guaranteed rights of individuals, as well
Constitutional law- it designates the law embodied in the Constitution and as the powers granted to and restrictions imposed on government officials
the legal principles growing out of the interpretation and application of its and instrumentalities. It is that lone unifying code, an inviolable authority
provisions by the courts in specific cases. that demands utmost respect and obedience. [Genuino v. De Lima, April
17, 2018]
Explanation: Hindi lang nakapaloob sa constitution ang sakop ng
Constitutional law. The SC interprets, it applies the provisions of the Bill of rights- right to due process equal protection
Constitution.
If it were to be asked, What is the most sacred duty and the greatest
 It is the study of the maintenance of the proper balance between source of our security in a Republic?
the authority as represented by the three inherent powers of the
State and liberty as guarded by the Bill of Rights. The answer would be, an inviolable respect for the Constitution and Laws-
II. NATURE AND CONCEPT OF A CONSTITUTION the first growing out of last… a sacred respect for the constitutional law is
the vital principle, the sustaining energy of a free government. [Alexander
A constitution is not the act of a government, but of a people constituting a Hamilton, Tully No.3 28 August 1794]
government, and a government without a constitution is power without
right. A constitution is a thing antecedent to a government is only the Purpose and Role
creature of a constitution. [Thomas Paine, Rights and of Man in the
Complete Works of Thomas Paine] To prescribe the permanent framework of a system of government, to
assign to the several departments their respective powers and duties, and to
Constitution- it is a document which serves as the fundamental law of the establish certain first principles on which the government is founded [11
State. Sa Filipino, Saligang Batas. American Jur. 606]

That written instrument enacted by the direct action of the people by which
the fundamental powers of the government are established, limited and
defined, and by which those powers are distributed among the several
departments for their safe and useful exercise, for the benefit of the body
politic. [Malcolm]
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A constitution is not intended to provide merely for the exigencies of a few
years but is to endure through generations for as long as it remains
unaltered by the people as ultimate sovereign. [Kida v. Senate, 2012]
 Our constitution is living instrument it is not stagnant. The
constitution of the United States (ang tagal na nyan), there are
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Based on the lectures of Atty. JP Asong
amendments but it endures throughout generation. In the
Philippines from time to time we changes our constitution and
recent one is the 1987 Constitution.
A constitution should be construed in the light of what actually
is a continuing instrument to govern not only the present but
also the unfolding events of the indefinite future.
The rationale behind a constitution is to ensure the following:
 Order and stability
 The legitimacy of the governmental institutions to
mark a watershed
Explanation: the 1987 constitution is a watershed
because of the transition from the Marcos regime
(Martial law) to democracy
 To limit governmental power to affirm specific goals
considered important for that society.
Explanation: Article 2, State principles and State
Policies
[Ryan, M. (2014). Unlocking Constitutional and
Administrative Law.]
DOCTRINE OF CONSTITUTIONAL SUPREMACY
Under the doctrine of constitutional supremacy, if a law or contract violates
any norm of the constitution that law or contract whether promulgated by
the legislative or by the executive branch or entered into by private persons
for private purposes is null and void and without any force and effect.
Thus, since the Constitution is the fundamental, paramount and supreme
law of the nation, it is deemed written in every statute and contract.
Explanation: Even if it is not written in the contract, the provisions of our
Constitution it is deemed written.
Laws that do not conform to the Constitution shall be stricken down for
being unconstitutional. [Macalintal v. COMELEC, July 10, 2003]
Example: The Anti-terror bill, it is questioned by the SC.
According to some petitioners, there are certain provisions that
are violative of the constitution.
To declare a law unconstitutional the repugnancy of that law to the
Constitution must be clear and unequivocal, for even if a law is aimed at
the attainment of some public good, no infringement of constitutional rights
is allowed.
To strike down a law there must be a clear showing that what
the fundamental law condemns or prohibits, the statute allows it
to be done. [Macalintal, supra]
Contrary to the basic tenets of the constitution
2012 Bar
Constitution is defined by Cooley as:
Answer: a body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised.
PRESUMPTION OF CONSTITUTIONALITY
 Every statute is presumed valid. The presumption is that the
legislature intended to enact a valid, sensible and just law and no
one which operates and further than may be necessary to
effectuate the specific purpose of the law.
Explanation: Several laws had been questioned before the SC. In
fact there are certain laws, some of them were struck down
unconstitutional by the SC.
IN FAVOR CONSTITUTIONALITY
 Every presumption should be indulged in favour of the
constitutionality and the burden of proof is on the party alleging
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that there is a clear and unequivocal breach of the Constitution.
[Farinas v. The Executive Secretary, December 10, 2003]
Example: The party that alleged, for example there are certain
provisions of a particular law that are violative of the Constitution.
They have the burden of proof to prove that there is a violation.
Remember that ours, is presumed valid.
 Although the principles embodied in a constitution remain fixed
and unchanged from time of its adoption, a constitution must be
construed as a dynamic process intended to stand for a great
length of time, to be progressive and not static.
CLASSSIFICATIONS OF CONSTITUTION
1. Written vs. unwritten
A written constitution is one whose precept are embodied in one
document or set of documents while an
2. Unwritten Constitution
Consists of rules which have not been integrated into a single,
concrete form but are scattered in various sources, such as statutes of
fundamental character, judicial decisions, commentaries of publicists,
customs and traditions.(commentaries of scholar, jurists and Judicial
decisions)
NOTE
 In recent years, it has not become fashionable to classify
constitutions on the basis of being codified or not, rather than on
the basis of the written/unwritten dichotomy.[ Ryan M. (2014).
Unlocking Constitutional and Administrative Law.]
 All modern states, saving only the UK, New Zealand and Israel,
have adopted a documentary constitution of this kind, the first
and most complete model being that of the United States of
America in 1788.
Most of modern states adopt written constitution. The Israel has
no written constitution. The UK, in Great Britain acts of
parliament.
THE UNITED STATES CONSTITUTION
The U.S Constitution is comprised of a preamble, seven articles and 27
amendments (last addition in 1992.)
Unlike most modern states, Britain does not have a codified constitution but
an unwritten one formed of Acts of Parliament, court judgments and
conventions.
2011 Bar Exam
One advantage of a written Constitution is its. Answer:
Permanence
3. (conventional) vs. evolved (cumulative)
A conventional constitution is enacted, to formally struck off
at a definite time and place following a conscious or deliberate
effort taken by a constituent body or ruler; while
a cumulative body is the result of political is evolution, not
inaugurated at any specific time but changing By accretion
rather than by any systematic method.
Example of conventional constitution is forming a
constitutional assembly or constitutional convention upang
bumuo ng isang constitution.
4. Rigid vs. flexible
A constitution is classified as rigid when it may not be amended
except through a special process distinct from and more
involved than the method of changing ordinary laws.
It is supposed that by such a special procedure, the constitution
is rendered difficult to change and thereby acquires greater
degree of stability.
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Example: having a constitutional assembly or constitutional
convention.
Note: in order to alter the content and provisions of a rigid
constitution, a procedure is stipulated which requires specific
legal/ constitutional obstacles to overcome. [Ryan, M. (2014).
Unlocking Constitutional and Administrative Law.]
“Hindi basta-bata nababago ang constitution because there is a
special procedure.”
 It should be noted that just because a constitution is labelled as
rigid (owing to its prescribed method of amendment), it does not
necessarily follow that the constitution is never amended or that
in practice it is actually very difficult to alter.
 In reality, changes to a constitution are driven by, and dependent
on, the political will in that particular state. [Ryan, M. (2014).
Unlocking Constitutional and Administrative Law.]
“Kahit rigid siya kapag halimbawa gusto na talaga ng
taumbayan o may political will na baguhin ang isang
constitution mababago siya kahit rigid constitution siya.”
5. Flexible constitution
 A constitution is classified as flexible when it may be changed
in the same manner and through the same body that enacts
ordinary legislation.
Example: the congress, mismo maaring magbago sa provision
ng ating constitution. Just like in any legislative process.
 A flexible constitution is one in which the content and principles
of the constitution can be amended by the ordinary legislative
process which is used to alter non-constitutional laws.
 Flexible constitutions are much less common than rigid
constitutions
-because constitutional rules, by their very nature, are viewed as
being fundamental, and so should be more difficult to change
than other laws. [Ryan, 2014]
QUALITIES OF A GOOD WRIYTEN CONSTITUTION
A. BROAD
It must be comprehensive enough to provide for every
contingency.
Explanation: It does not mean that everything is covered
up to the last detail. Enough to provide to every
contingency
B. BRIEF
It must confine itself to basic principles to be implemented
with legislative details more adjustable to change and
easier to amend.
Explanation: It can be implemented by the congress, so
wala nay himuon atong kongreso kung tanan all-in na.
C. DEFINITE
To prevent ambiguity in its provisions which could result
in confusion and divisiveness among the people.
ESSENTIAL PARTS OF A WRITTTEN CONSTITUTION
A. Constitution of liberty
The series of prescriptions setting forth the fundamental civil and
political rights of the citizens and imposing limitations on the power
of government as a means of securing the enjoyment of those rights.
[e.g Art.3]
Example: in the Bill of Rights, nakapaloob dito, halimbawa ang civil
and political rights ng isang indibidwal. Ang limitasyon ng gobyerno
at estado.
B. Constitution of the Government
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The series of provisions outlining the organization of the government,
enumerating its powers, administration, and defining the electorate
[e,g. Arts. 6,7,8 and 9]
Explanation: Nakapaloob dito yung outline o structure ng ating
gobyerno at ano yung allocated powers, duties and responsibilities.
C. Constitution of Sovereignty
The provisions pointing out the mode or procedure in accordance with
which formal changes in the fundamental law may be brought about.
[e.g., Art.17]
Explanation: provided sa part dito ang mode or method of changing
the constitution whether amendment or revision.
2012 Bar Exam
The essential parts of a Constitution are:
Answer: the Bill of Rights, governmental organization and functions, and
method of amendment.
METHODS OF INTERPRETING THE CONSTITUTION
1. Verbal legis (plain meaning rule)
Whenever possible, the words used in the Constitution
must be given their ordinary meaning except where
technical terms are employed.
As the Constitution is not primarily a lawyer’s document,
it being essential for the rule of law to obtain that it should
be present in the people’s consciousness, its language as
much as possible should be understood in the sense they
have a common use.
(Read the constitution as a common individual not as a
lawyer.)
2. Where there is ambiguity, ratio legis et anima (the reason
of the law is its soul.)
The words of the Constitution should be interpreted in
accordance with the intent of the framers.
The object is to ascertain the reason which induced the framers
of the Constitution to enact the particular provision and the
purpose sought to be accomplished thereby, in order to construe
the whole as to make the words consonant to that reason and
calculated to effect that purpose. [Francisco v. HRET, 2003]
3. Ut res magis valeat quam pereat (it is better for a thing to
have effect than to be made void)
The Constitution has to be interpreted as a whole.
In other words, the court must harmonize them, if practiceable, and must
learn in favor of a construction which will render every word operative,
rather than one which may make the words idle and nugatory.
4. If however, the plain meaning of the word is not found to
be clear, resort to other aids is available (e.g.
intrinsic/extrinsic aids)
For example:
 Extrinsic aids- Dictionary. In the U.S they use Black’s Law
Dictionary. This is also being used by the SC.
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5. In case of conflict between the Constitution and a statute,
the Constitution always prevails because the Constitution
is the basic law to which all other law must conform to.
6. It is basic that if a law or any administrative rule violates
any norm of the Constitution, that issuance is bull and void
and has no effect. The Constitution is the basic law to
which all laws must conform; no act shall be valid if it
conflicts with the Constitution.
ORIGINALIST VS. LIVING CONSTITUTION
Originalists believe that the constitutional text ought to be
given the original public meaning that it would have had at the
time that it became law.
Explanation: Tinitingnan ng mg originalist kung paano nabuo
ang provision ng konstitusyon or a law itself at the time it
became a law.
Living constitutionalists believe that the meaning of the
constitutional text changes over time, as social attitudes change,
even without the adoption of a formal constitutional
amendment.
7. In case of doubt, the provisions should be considered self-
executing; mandatory rather than directory; and
prospective rather than retroactive.
SELF-EXECUTING PROVISIONS
Basic Concepts
What is a self-executing provision?
 A provision which is complete in itself and becomes operative
without the aid of supplementary or enabling legislation, or that
which supplies a sufficient rule by means of which the right it
grants may be enjoyed or protected, is self-executing.
Explanation: No need to pass an enabling legislation.(kumpleto na siya)
As defined, “a constitutional provision is self-executing if he nature and
extent of the right conferred and the liability imposed are fixed by the
constitution itself, so that they can be determined by an examination and
construction of its terms, and there is no language indicating that the
subject is referred to the legislature for action.”
Explanation: Kapag ang isang provison ay Self-executing, there is no need
to pass or enact a law because it is already complete.
PRESUMED SELF-EXECUTING
In Manila Prince Hotel v. GSIS, it was ruled that all provisions of the
Constitution are presumed self-executing, because to treat them as requiring
legislation would result in giving the legislature “the power to ignore and
practically nullify the mandate of the fundamental law.” And this could
result in cataclysm.
Explanation: all the provisions of the 1987 Constitution, lahat ay
presumed self-executing, unless the SC says otherwise. All the provisions in
the constitution is self-executing because this would result the legislature
the power to i. grabe ang repercussion if dili siya tagaan ug presumption
nga self-executing ang tanang provision sa 1987 constitution.
In self-executing constitution provisions, the legislature may still enact
legislation to:
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(Maaari bang magpasa ng batas ang ating kongreso or other pieces of
legislation? Yes, the legislature may still enact a legislation despite it being
despite it being a self-executing constitutional provision.)
 Facilitate the exercise of powers directly granted by the
constitution,
 Further the operation of such provision.
 Prescribe a practice to be used for its enforcement,
 Provide a convenient remedy for the protection of the rights
secured or the determination thereof, or
 Place reasonable safeguards around the exercise of the right.
A constitutional provision may be self-executing in one part and
non-self-executing in another. [Manila Prince Hotel v. GSIS,
February 3, 1997]
Ano ang Constitutional provision na pinag-uusapan? You
have Sec. 10, Art.12
Section 10. the Congress shall, upon recommendation of the economic and
planning agency, when the national inter dictates, reserve citizens of the
Philippines or to corporation or association at least sixty per centum of
whose capital is owned by such citizens, or such higher percentage as
Congress shall enact measures that will encourage the formation and
operation of enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the national
economy and patrimony, the State shall give preference to qualified
Filipinos.
(This is known as Filipino First Policy)
Explanation: According to the Supreme Court, the Second paragraph of
Sec.10, Art.12 is a self-executing provision. There is no more need for
Congress to pass a law to implement the sec. paragraph of Sec.10, Art.12.
The State shall regulate and exercise authority over foreign investments
within its national jurisdiction and in accordance with its national goals and
priorities.[ Art. 12]
In these paragraphs, which is self-executing and which is non-self-
executing?
Sec. 10, par., Art.12 of the 1987 Constitution is a mandatory, positive
command which is complete in itself and which needs no further guidelines
or implementing laws or rules for its enforcement.
From its very words the provision does not require any
legislation to put it in operation. It is per se judicially
enforceable. When our Constitution mandates that in the grant f
rights, privileges, and concessions covering national economy
and patrimony, the State shall give preference to qualified
Filipinos, it means just that- qualified Filipinos shall be
preferred. [Manila Prince Hotel v. GSIS, February 3, 1997]
And when our Constitution declares that a right exist in certain specified
circumstances an action may be maintained to enforce such right
notwithstanding the absence of any legislation on the subject;
Explanation: Because that right exist and given imprimatur by the 1987 so,
there is no need in implementing rules or regulations for its enforcement.
Consequently, if there is no statute especially enacted to enforce such
constitutional right, such right enforces itself by its own inherent potency
and puissance, and from which all legislations must take their bearings.
Where there is a right there is a remedy. Ubi jus ibi remedium.
NON SELF-EXECUTING PROVISIONS
The court has in several cases, had occasion to already declare several
Constitutional provisions as not self-executory.
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Based on the lectures of Atty. JP Asong

EXAMPLES Before the ratification of the 1987 Constitution, how many Constitutions
have we had?
Article 2 (Declaration of Principles and State Policies)
Constitutions of the Philippines
 Section 5 (promotion of general welfare)
 11 (personal dignity) 1. Malolos Constitution of 1899
 12 (sanctity of family life) -Gen. Emilio Aguinaldo
 13(Vital role of youth in nation-building) 2. 1935 Constitution May 14, 1935
 17 (priority to education, S & T) -Commonwealth, Manuel L. Quezon (amendments)
 18 (labor as primary social economic force) 3. 1943 Constitution (Japanese Occupation)

4. 1973 Constitution (January 17, 1973)-Ferdinand Marcos

(amendments)
Article 4 5. Freedom Constitution (March 25, 1986)
-Corazon Aquino
 Section 5, Article 4 of the Constitution (dual allegiance) is a 6. 1987 Constitution (February 2, 1987)
declaration of a policy and is not a self-executing provision. -No Amendments
Explanation: There is a need for an enabling legislation. The
congress has to still enact the law on dual allegiance. Dual 1987 Constitution
allegiance is different from Dual citizenship
 The legislature still has to enact the law on dual allegiance Drafted by a 50 member Constitutional Commission (created under and by
[AASJS v. Datumanong, May 11, 2007] virtue of Proclamation No. 9 dated 23, April 1986), with Justice Cecilia
Munoz Palma acting as President of the Constitutional Commission.
Article 6
Explanation: Isang body ang nag deliberate ng ating 1987 Consttitution,
Section 25 (5), not being a self-executing provision of the including Lino O. Brocka
Constitution, must have an implementing law for it to be
operative. That law, generally, the GAA of given fiscal year. Approved by the 1986 Constitutional Commission on October 12, 1986, the
[ Araullo v. Aquino, July 1, 2014] Explanation: This would refer 1987 Constitution of the Republic of the Philippines as presented to
to transfer of a corporation, example, augmentation of an item in President Corazon C. Aquino on October 15, 1986.
selected bodies.
Date of Ratification
ARTICLE 11
2 February 1987- date of plebiscite- effectivity (De Leon v. Esguera, 31
Section 1of Art. 11 of the Constitution (public office is a public trust) is not August 1987)
a self- executing provision considering that a law should be passed by the
It was proclaim in force on February 11, 1987
Congress to clearly define and effectuate the principle embodied therein.
[Ocampo v. Enriquez, November 8, 2016] Art. 18- Transitory Provisions
ARTICLE 13 (Social Justice and Human Rights) Sec. 27. This Constitution shall take effect immediately upon its ratification
by a majority of the votes cast in a plebiscite held for the purpose and shall
 Section 1 (promotion of social justice)
supersede all previous constitutions.
 Section 3 (protection of labor and security and tenure
 Section 13 (special agency for disabled persons) 1987 CONSTITUTION

ART. 1- National Territory

ARTICLE 14 (Education, S&T, Arts, Culture, and Sports)
ART. 2- Declaration of Principles and State Policies Principles
 Section 1 (right to quality education)
 Section 2 (values of education) ART. 3- Bill of Rights
 Section 6 (Filipino as medium of instruction)
ART. 4- Citizenship
 Section 14 (national culture)
 Section 15 ART. 5- Suffrage
 Section 16-17
 Section 18 access to cultural opportunities) ART. 6- Legislative Department

ARTICLE 17 (Amendments or Revisions) ART. 7- Executive Department

 Section 2 Amendments to the Constitution (people’s initiative) ART. 8- Judicial Department

A provision which lays down a general principle is usually not self- ART. 9- Constitutional Commissions
executing.
ART. 10- Local Government
A provision which lays down a general principle such as those found in
Art.2 of the 1987 Constitution, is usually not self-executing.”[Manila ART. 11- Accountability of Public Officers
Prince Hotel v. GSIS, February 3, 1997]
ART. 12- National Economy and Patrimony
Accordingly, the Court has held that the provisions in Article 2 of our
ART. 13- Social Justice and Human Rights
Constitution entitled “Declaration of Principles and State Policies” should
generally be construed as mere statements of principles of the State. ART. 14- Education, Sciences and Technology, Arts, Culture and Sports
THE 1987 CONSTITUTION
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 CONSTITUTIONAL LAW 1
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ART. 15- The Family
ART. 16- General Provisions
ART. 17- Amendments or Revisions
ART. 18- Transitory Provisions
PREAMBLE
It is a formal expression of the ideals and sentiments of the Filipino people
and of the purpose and objectives of the government established under the
Constitution.
The term preamble is derived from the Latin “preambulance” which means
“to walk before.”
Of itself alone, it cannot be invoked as a source of private right enforceable
by the courts.
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
 As this embodied in the preamble, it means that the State
recognizes with respect the influence of religion in so as far as it
instills into the mind the purest principles of morality. [Imbong
v. Ochoa, 2014]
 The Filipino people in “imploring the aid of Almighty God”
manifested their spirituality innate in our nature and
consciousness as a people, shaped by tradition and historical
experience.
 As this embodied in the preamble, it means that the State
recognizes with respect the influence of religion in so far as it
instills into the mind the purest principles of morality. [Imbong
v. Ochoa, 2014]
AMENDMENTS AND REVISIONS
ARTICLE 17- 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. [Art.17]
 In Lambino v. COMELEC (October 25, 2006), the Court stated
that there are three modes of amending the Constitution under
Article 17.
1. The first mode is through Congress, acting as a constituent
assembly, upon three-fourth’s vote of all its members;
2. The second mode is through a constitutional convention
created under a law passed by Congress;
3. And the third mode is through a people’s initiative.
Section 1of Article 17, referring to the first and second modes, applies to
“Any amendment to, or revision of, this Constitution.”
In contrast, Section 2 of Article 17, referring to the third mode (people’s
initiative), applies only to Amendments to this Constitution.
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 A people’s initiative to change the Constitution applies only to
an amendment of the Constitution and not to its revision.
 In contrast, Congress or a constitutional convention can propose
both amendments and revisions to the Constitution.
Revision viz Amendment
 Revision broadly implies a change that alters a basic principle in
the constitution, like altering the principle of separation of
powers or the system of checks-and-balances.
Example: From presidential it becomes parliamentary. That is considered
as revision because you are altering a basic principle in the Constitution.
From three departments you make it four that is considered as revision.
 There is also revision if the change alters the substantial entirety
of the constitution, as when the change affects substantial
provisions of the constitution.
 On the other hand, amendment broadly refers to a change that
adds, reduces, or deletes without altering the basic principle
involved.
Revision generally affects several provisions of the constitution, while
amendment generally affects only the specific provision being amended.
Example: (cited from Lambino v. COMELEC). In voting, you change the
age requirement from 18 to 17. That is merely an amendment because it
only affects one specific provision of the Constitution. The effect is not
substantial.
Section 2. Amendments to this Constitution may likewise ne 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 of the implementation of the exercised of this
right.
Explanation: Section 2 is people’s initiative not self-executing provision.
There is a need for an enabling legislation. Kailangan magpasa ng batas
ang kongreso para ma implement ang people’s initiative.
2012 Bar
The constitutional provision on initiative and referendum is not self-
executory. This is so because it requires:
Answer: an implementing legislation
Explanation: The Congress shall provide of the implementation of the
exercised of this right. (last par. of Sec.2).
Section 2, Article 17 of the Constitution is the governing constitutional
provision that allows people’s initiative to propose amendments to the
Constitution. [Lambino v. COMELEC]
 Sec.2 Art. 17 referring to the third mode, applies only to
“Amendments to this Constitution.”
ESSENCE
The essence of Amendments “directly proposed by the people through
initiative upon a petition” is that the entire proposal on its face is a
petition by the people. This means two essential elements must be
present.
2 ESSENTIAL ELEMENTS
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1. First, the people must author and thus sign the entire proposal.
No agent or representative can sign on their behalf.
Explanation: Dapat ipakita sa taumbayan na meron kayong
proposals to amend certain provisions of the constitution. They
must sign the entire proposal. Bawal ang proxy o representative
dito. Dapat ang indibidwal mismo ang mag-sign ng entire
proposal.
2. Second, as an initiative upon a petition, the proposal must be
embodied in a petition.
 These essential elements are present only if the full text of the
proposed amendments is first shown to the people who express
their assent by signing such complete proposal in a petition.
Explanation: Ipakita ang full text proposed amendment sa constitution.
 Thus, and amendment is “directly proposed by the people
through initiative upon a petition” only if the people sig on a
petition that contains the full text of the proposed amendments.
 The full text of the proposed amendments may be either written
on the face of the petition,
Example: You have a petition, then you quote the proposed
amendments in the Constitution, or the full text can be attached
to the petition itself.
 or attached to it. If so attached, the petition must state the fact of
such attachment.
 While the time of waiting is the same for the three modes [“not
earlier than sixty nor later than ninety days”], the STARTING
POINTS for waiting are different.
 The 1st and 2nd starts from the “approval of such amendments or
revision”.
(But the people’s initiative starts from after the certification by
the COMELEC of the sufficiency of the petition.)
 The 3rd starts from after the certification by the Commission on
Elections of the sufficiency of the petition.
2011 Bar
Jose Cruz and 20 others filed a petition with the COMELEC to
hold a plebiscite on their petition for initiative to amend the
Constitution by shifting to a unicameral parliamentary form of
government. Assuming that the petition has been signed by the
required number of registered voters, will it prosper?
Is this a revision or amendment?
Answer: No, since they seek not an amendment, but a revision.
Explanation: When we talk of people’s initiative this only refers to the
amendments of the Constitution.

This is an assurance that every one of several millions of signatories to the

petition had seen the full text of the proposed amendments before signing.
Otherwise, it is physically impossible, given the time constraint, to prove
that every one of the millions of signatories had seen the full text of the
proposed amendments before signing.[ Lambino, supra]

Section 3. The congress may, by a vote of two-thirds (2/3) 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 convention.

Explanation: Section 3 refers to the second mode of amending the

constitution

RATIFICATION & DATE OF EFFECTIVITY

Section 4. Any amendment to, or revision of, this Constitution under

Section 1 [through Congress or a constitutional convention] 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 not later than ninety days after the
approval of such amendment or revision.

Any amendment under Section 2 (people’s initiative) 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.

Explanation: Titingnan ng COMELEC kung sapat ba ang total no. of

registered voters requirement.

DATE OF EFFECTIVITY

Since Section 4 says that any amendment or revision “shall be valid when
ratified,” the date of effectivity of any amendment or revision should
ordinarily be the same as that of the date or ratification, i.e day on which
the votes are cast. [Bernas]

Example: Naging epektibo ang gating 1987 Constitution noong Feb. 2,
2987. Bakit February 2, 1987? Dahil ito ang araw na nagkaroon ng
plebisito para sa buong sambayanang Pilipino.
NOTICE
Article II: Declaration of Principles and State Policies
The “principles” are binding rules which must be observed in the conduct
of government whereas “policies” are guidelines for the orientation of the
state.

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ATENEO DE DAVAO COLLEGE OF LAW
 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
• These principles in Article II are not intended to be self-executing
principles ready for enforcement through the courts.
• They are used by the judiciary as aids or as guides in the exercise of its
power of judicial review, and by the legislature in its enactment of laws
(Tañada vs. Angara, May 2, 1997)
Article II of the Constitution is entitled Declaration of Principles and State
Policies. By its very title, Article II is a statement of general ideological
principles and policies. It is not a source of enforceable rights. (BCDA
v. COA, February 26, 2009)
Section 1. The Philippines is a democratic and republican state.
Sovereignty resides in the people and all government authority emanates
from them (them refers to the Filipino people).
PEOPLE GOVERNMENTAL AUTHORITY
 All governmental authority emanates from our people (Diocese
of Bacolod v. Comelec, January 21, 2015).
 A republic is a representative government, a government run by
and for the people. It is not a pure democracy where the people
govern themselves directly.
 The essence of republicanism is representation and
renovation, the selection by the citizenry of a corps of public
functionaries who derive their mandate from the people and
act on their behalf serving for a limited period only, after which
they are replaced or retained, at the option of their principle.
(Naval vs. COMELEC, July 28,2014)
State -A community of persons, more or less numerous, permanently occupying a definite portion of territory,
independent of external control, and possessing an organized independent
government to which the great body of inhabitants render habitual
obedience. (Garner)
ELEMENTS OF A STATE
1. People- refers simply to the inhabitants of the state.
2. Territory – is the fixed portion of the surface of the earth inhabited by
the people of the state.
3. Government – is the agency or instrumentality is the agency or
instrumentality through which the will of the state is formulated, expressed,
and realized.
4. Sovereignty- is the supreme and uncontrollable power inherent in a state
by which that State is governed
People- A community of persons sufficient in number and capable of
maintaining the continued existence of the community and held together by
a common bond of law.
The word “people” is used in at least three (3)
senses in the constitution:
 PEOPLE AS
INHABITANTS
▪ Article XIII, Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the people
to human dignity ,reduce social, economic, and political inequalities, and
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07/20/2020
remove cultural inequities by equitable diffusing wealth and political power
for the common good.
▪ Article II, Section 15. The State shall protect and promote the right to
health of the people and instill health consciousness among them.
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
▪ Article III, Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable.
 PEOPLE AS CITIZENS
Preamble –“We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and secure to
ourselves and our posterity the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.”
▪ Article II, Section 1. - The Philippines is a democratic and republican
State. Sovereignty resides in the people and all government authority
emanates from them.
▪ Article II, Section 4- The prime duty of the Government is to serve and
protect the people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal, military, or civil service.
▪ Article III, Section 7 - The right of the people to information on matters of
public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as
may be provided by law (Bill of Rights)
 PEOPLE AS ELECTORS
 Article VII, Section 4 - The President and the Vice-President shall be
elected by direct vote of the people for a term of six years which shall
begin at noon on the thirtieth day of June next following the day of
the election and shall end at noon of the same date six years
thereafter. The President shall not be eligible for any reelection. No
person who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office
at any time. No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the office for any length
of time shall not be considered as an interruption in the continuity of
the service for the full term for which he was elected. Unless
otherwise provided by law, the regular election for President and
Vice-President shall be held on the second Monday of May.
 The returns of every election for President and Vice-President, duly
certified by the board of canvassers of each province or city, shall be
transmitted to the Congress, directed to the President of the Senate.
Upon receipt of the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the election, open all
the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the
manner provided by law, canvass the votes. The person having the
highest number of votes shall be proclaimed elected, but in case two
or more shall have an equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority of all the Members
of both Houses of the Congress, voting separately. The Congress shall
promulgate its rules for the canvassing of the certificates. The
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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.
▪ Article XVI, Section 2. The Congress may, by law, adopt a new name for
the country, a national anthem, or a national seal, which shall all be truly
reflective and symbolic of the ideals, history, and traditions of the people.
Such law shall take effect only upon its ratification by the people in a
national referendum.
▪ Article XVIII, Section 25. After the expiration in 1991 of the Agreement
between the Republic of the Philippines and the United States of America
concerning Military Bases, foreign military bases, troops, or facilities shall
not be allowed in the Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified by a majority of the
votes cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State.
Territory – A definite territory consisting of land and waters and the air
space above them and the submarine areas below them is an essential
element of a modern state.
Government – “that institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state, or which are imposed upon
the people forming that society by those who possess the power or authority
of prescribing them. (United States vs. Dorr, Phil 332 , May 9,1903)
GOVERNMENT OF THE PHILIPPINES
- “the corporate governmental entity through which the functions of
government are exercised throughout the Philippines ,including , save as
the contrary appears from the context, the various arms through which
political authority is made effective in the Philippines, whether pertaining
to the autonomous regions, the provincial ,city, municipal, or barangay
subdivisions, or other forms of local government. (Section 2 (1),
Administrative Code of 1987)
Traditional functions of the Government
-Constituent functions constitute the very bonds of society and are therefore
compulsory
1. The keeping of order and providing for the protection of persons and
property from violence and robbery. (peace and order)
2. The fixing of legal relations between man and wife and between parents
and children.
3. The regulation of the holding, transmission, and interchange of property,
and determination of its liabilities for debt or for crime.
4. The determination of contract rights between individuals.
5. The definition and punishment of crime.
6. The administration of justice in civil cases.
7. The determination of political duties, privileges, and relations of citizens.
8. Dealings of the state with foreign powers: the preservation of the state
from external danger or encroachment and the advancement of its
international interest. (Bacani vs. NACOCO,100 Phil 468, November
29,1956)
MINISTRANT FUNCTIONS
- Are those undertaken to advance the general interests of society,
such as public works, road networks, public charity, and regulation of
trade and industry. These functions are merely optional.
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ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
Note: The enumeration of the functions cannot be static. In PVTA v.
CIR [65 SCRA 416 (July 25, 1975)], the court noted that the distinction
between the two functions had become blurred because of the increasing
complexities of the Philippine society.
State and nation differs in meaning.
DE JURE AND DE FACTO GOVERNMENT
1. A de jure government has rightful title but no power or control,
either because this has been withdrawn from it or because it
has not yet actually entered the exercise thereof.
2. A de facto government is a government of fact i.e., it exercises
power or control but without legal title.
Kinds of De Facto Government
1. That which takes possession or control of, or usurps, by force or
by the voice of the majority, the rightful legal government and
maintains itself against the will of the latter, government de
facto in a proper legal sense.
Ex. Gov’t of England under the commonwealth
2. That which is established by the invading forces of an enemy
who occupy a territory in the course or war (ex. Tampico,
Mexico occupied by American troops during the war with
Mexico)
3. That established as an independent government by the
inhabitants of a country who rise in insurrection against parent
state. (ex. Gov’t of Southern Confederacy in revolt against
American Union) [Co Kim Chan vs. Valdez Tan Keh, 75 Phil
113 (Sept 17,1945)]
Sovereignty -is the supreme power in a State by which that State is
governed, or the supreme, the absolute, uncontrollable power by which any
State is governed.
• Sovereignty is the possession of sovereign power. [Black’s Law
Dictionary, as cited in Saguisag v. Ochoa]
Kinds of Sovereignty
I. Legal, which is the power to issue final commands or make
laws.
II. Political, which is the sum total of all the influences, legal, and
non-legal, which lie behind the law.
III. Internal, or the supreme power over everything within its
territory
IV. External, also known as independence, which is freedom from
external control
DOCTRINE OF SEPARATION OF POWERS
-The separation of powers is a fundamental principle in our system of
government. It obtains not through express provision but by actual
division in our Constitution. Each department of the government has
exclusive cognizance of matters within its jurisdiction and is supreme
within its own sphere.
-The maxim simply recognizes the three (3) co-equal and independent,
albeit coordinate, branches of the government- the Legislative, the
Executive and the Judiciary- has exclusive prerogatives and cognizance
within its own sphere of influence and effectively prevents one branch from
unduly intruding into the internal affairs of either branch. [Santiago v.
Sandiganbayan, April 18, 2001]
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- The principle of separation of powers and its concepts of autonomy and
independence stem from the notion that the powers of government must be
divided to avoid concentration of these powers in any one branch from
lording its power over the other branches or the citizenry.
What about Treaties? –
- To achieve this purpose, the divided power must be wielded by co-equal
branches of government that are equally capable of independent action in
exercising their respective mandates. [Belciga v. Ochoa, November
13,2013]
PRINCIPLE OF CHECKS AND BALANCES
- One department is given certain powers by which it may definitely
restrain the other from exceeding constitutional authority (also known as
ultra vires).
What are “generally accepted principles of International law”?
Example: Legislature enacts a law that is vetoed by the President
(executive) - In less esoteric terms, this means that our three branches of
gov’t, vis-à-vis each other, follow the rule of trust the two but trust no one
absolutely. [Lopez v Senate, June 8, 2004]
State Policy Part 2.
Section II. The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international law as part
of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
Divided into Three Parts:
Is “soft law” part of the customary international law?
1. Renunciation of War
2. Adoption of Principles of International Law
3. Adherence to a policy of peace, equality, justice, freedom, cooperation,
and amity with all nations.
Renunciation of War:
Conflict between Int’l Law and Municipal/Domestic Law
As a signatory of the UN Charter, the Philippines adheres to Art. 2(4) of
said character: -
“All members shall refrain in their international relations from the threat or
use of force against territorial integrity or political independence of any
State, or in any other manner inconsistent with the Purposes of the United
Nations.”
Adoption of Principles of International Law: Provision accepts the
dualist view of legal systems (domestic viz international law)
o International law becomes a part of the municipal law only if it
is incorporated into municipal law (doctrine of incorporation) -
Int’l law can be used by Philippine courts to settle domestic
disputes
o Courts have to determine generally accepted principles
o Under the 1987 Constitution, International law can become part
of the sphere of domestic law either by:
1. Transformation or
2. Incorporation
(Pharmaceutical v. Duque, October 9, 2007)
o Transformation - The transformation method requires that an
int’l law be transformed into a domestic law through a
constitutional mechanism such as local legislation.
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
o Doctrine of Incorporation – The incorporation method applies
when, by mere constitutional declaration or fiat, international
law is deemed to have the force of domestic law.
o Treaties become part of the law of the land through
transformation pursuant to Article VII, Section 21 of the
Constitution which provides that “no treaty or international
agreement shall be valid and effective unless concurred in by at
least two-thirds (2/3) of all the members of the senate.”
o Thus, treaties or conventional international law must go through
a process prescribed by the Constitution for it to be transformed
into municipal law that can be applied to domestic conflicts.
(Pharmaceutical v Duque, October 9, 2007)
o Norms of general customary international law which are binding
on all states, i.e., renunciation of war as an instrument of
national policy, the principle of sovereign immunity, a person’s
right to life, liberty and due process, and pacta sunt servanda,
among others. (Pharmaceutical v Duque, October 9, 2007)
o Soft law does not fall into any of the categories on the
international law set forth in Art. 38, Chapter III of the 1946
Statute of the International Court of Justice.
o Soft law is an expression of Non-binding norms, principles, and
practices that influence state behavior.
o Certain declarations and resolutions of the UN General
Assembly fall under this category. The most notable is the UN
Declaration of Human Rights. (Pharmaceutical, 2007)
o Domestic Sphere, with local court deciding
• If the conflict is with the Constitution: uphold the Constitution
(Sec. 5 (2)(a), Article VIII)
o Int’l sphere, with international tribunal deciding • Int’l law is
superior to municipal law
Civilian Supremacy Clause
o Section 3. Civilian authority is, at all times, supreme over the
military. The Armed Forces of the Philippines is the protector of
the people and the state. Its goal is to secure the sovereignty of
the state and the integrity of the national territory.
Two thoughts:
1. Disapproval of military abuses
2. Guardianship of State Sovereignty
- Article II, Section 3 of the Constitution mandates that civilian
authority is, at all times, supreme over the military, making the
civilian president the nation’s supreme military leader. (Kulayan
v. Tan, July 3, 2012)
• Net effect of Article II, Section 3, when read with Article VII,
Section 18 is that a civilian President is the ceremonial, legal,
and administrative head of the armed forces. (Kulayan v. Tan,
July 3, 2012)
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• The constitution does not require that president must be
possessed of military training and talents, but as Commander-in-
chief, he has the power to direct military operations and to
determine military strategy.
• Normally, he would be expected to delegate the actual
command of the armed forces to military experts; but the
ultimate power is his. (Kulayan v. Tan, July 3, 2012)
Role of AFP:
- The AFP’s role is to secure the sovereignty of the state and the
integrity of the national territory. (Saguisag v. Ochoa, January
12, 2016)
Prime Duty of the Government:
Section 4. The prime duty of the government is to serve and
protect the people. The government may call upon the people to
defend the state and, in the fulfillment thereof, all citizens may
be required, under conditions provided by law, to render
personal, military, or civil service.
-permissive not positive command
-requires legislations (not-self executing)
o To protect the state and its people must be carried out earnestly
and effectively throughout the whole territory of the Philippines
in accordance with the constitutional provision on the national
territory. (Saguisag v. Ochoa, January 12, 2016)
Compulsory Service- The constitutional right of the state to
require all citizens to render personal and military service
necessarily includes not only private citizens but also citizens
who have retired from military service. (Parreño v. COA, June
7, 2007)
Section 5. The maintenance of peace and order, the protection
of life, liberty, and property, and promotion of the general
welfare are essential for the enjoyment by all the people of the
blessings of democracy.
✓ Not self-executing – In Tondo Medical Center Employees
Association v. Court of Appeals (July 17, 2007), the Court held
that Section 5 and 18, Article II of the Constitution are not self-
executing provisions. (BCDA v COA, February 26, 2009)
Campaign Against Illegal Drugs
o Truly, the government campaign against illegal drugs is
consistent with the constitutional policy of maintenance of peace
and order, the protection of life, liberty, and property, and the
promotion of the general welfare.
 Caveat: However, the constitution also ensures protection
of the fundamental rights and liberties of the citizens.
 These sacred individual rights, fortified further under
statutory law, should not be sacrificed for the sheer sake of
convenience and expediency, (People v. Sayson,
November 17,2019)
 In other words, by disregarding the constitution, the war of
illegal drugs becomes a self-defeating and self-destructive
enterprise. A battle waged against illegal drugs that resorts
to short cuts and tramples on the rights of the people is not
a war on drugs; it is a war against the people. (People v.
Cardenas, September 11, 2019)
Inviolability of the Principle of Separation of Church and the State:
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Section 6. The separation of Church and State shall be
inviolable.
What “Church”?
o Consistent with the principle that not any one religion should
ever be preferred over another, the Constitution in the above-
cited provision utilizes the term “church” in its generic sense
which refers to…… a temple, a mosque, and Iglesia, or any
other house of God which metaphorically symbolizes a religious
organization.
o Thus, the “Church” means the religious congregations
collectively. (Imbong v. Ochoa, April 28.2014)
o The constitutional “wall” between the church and the state, has
been jurisprudentially recognized to stem from the country’s
unfortunate collective experience when the two institutions are
commingled into one entity, exercising both power and
influence, oftentimes to the detriment of the populace. (Re:
Letter of Tony Q. Valenciano, March 7, 2017)
✓ RATIONALE- The rationale of the rule is summed up in the familiar
saying,” strong fences make good neighbors.”
• The idea is to delineate the boundaries between the two institutions and,
thus, avoid encroachments by one against the other because of a
misunderstanding of the limits of their respective exclusive jurisdictions.
• The demarcation line calls on the entities to render therefore unto Caesar
the things that are Caesar’s and unto God the things that are God’s. (Re:
Letter of Tony Q. Valenciano, March 7, 2017)
• Verily, the principle of separation of Church and State is based on mutual
respect.
• Generally, the state cannot meddle in the internal affairs of the church,
much less questions its faith and dogmas or dictate upon it. It cannot favor
one religion and discriminate against the other.
STATE POLICIES
Section 7. The state shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination. (Saguisag v. Ochoa, January 12, 2016)
Foreign Affairs and the President
o The role of the President in foreign affairs is qualified by the
Constitution in that the Chief Executive must give paramount
importance to the sovereignty of the nation, the integrity of its
territory, its interest, and the right of the sovereign Filipino
people to self-determination. (Saguisag v Ochoa, January
12,2016)
Freedom from Nuclear Weapons
Section 8. The Philippines consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons and its territory.
Note: The provision is not a ban on the peaceful uses of nuclear energy nor
is it a ban on all “nuclear capable vessels.”(Bernas)
It bans weapons of mass destruction. (Chernobyl and Hiroshima incidents)
Section 9. The state shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living ,and an improved
quality of life for all.
Section 10. The State shall promote social justice in all phases of national
development.
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What is Social Justice?
o Social justice is “neither communism, nor despotism, nor
atomism, nor anarchy,” but the humanization of laws and the
equalization of social and economic forces by the state so that
justice in its rational and objectively secular conception may at
least be approximated.
o Social Justice means the promotion of welfare of all the people,
the adoption by the government of measures calculated to insure
economic stability of all the competent elements of society,
through the maintenance of a proper economic equilibrium in
the interrelations of the member of the community
constitutionally, through the adoption of measures legally
justifiable
o or extra constitutionally, through the exercise of powers
underlying the existence of all gov’ts on the time honored
principle of salus populi est suprema lex. (Calalang vs
Williams, December 20,1940)
* salus populi est suprema lex = let the good of the people be the
supreme law –
o The 1987 Constitution covers all phases-not only economic
inequities-of national development but with emphasis not just on
socio-economic but also on political and cultural inequities.
(Bernas)
o Time and again, we (SC) have ruled that the social justice
provisions of the constitution are not self-executing principles
ready for enforcement through the courts. They are merely
statements of principles and policies. To give them effect,
legislative enactment is required. (BFAR v COA, August
13,2008)
Personal Dignity and Human Rights
Section 11. The state values the dignity of every human person
and guarantees full respect for human rights. (cf Art. XIII)
o The concretization of this provision is found principally in the
Bill of Rights and in Article XIII, (Bernas)
Section 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall
receive the support of the Government.
o The Family – the description of the family as a basic social
institution is an assertion that the family is anterior to the state
and is not a creature of the state.
o While the reference to the family as autonomous is “meant to
protect the family against the instrumentalization by the state.”
(Bernas)
“When is CONCEPTION reckoned?”
o In all, whether it be taken from a plain meaning, or understood
under medical parlance, and more importantly, following the
intention of the Framers of the Constitution, the undeniable
conclusion is that a zygote is a human organism and that the life
of a new human being commences at a scientifically well-
defined moment of conception, that is, upon fertilization.
(Imbong v Ochoa, April 8,2014)
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
o To repeat it is the court’s position that life begins at
fertilization, not at the implantation. When a fertilized ovum is
implanted in the uterine wall, its viability is sustained but that
instance of implantation is not the point of beginning of life. It
started earlier. (Imbong v Ochoa, April 8,2014)
Principle of No Abortion:
o The clear unequivocal intent of the framers of the 1987
Constitution in protecting the life of the unborn from conception
was to prevent the legislature from enacting a measure
legalizing abortion. It was so clear that even the court cannot
interpret it otherwise. (Imbong v Ochoa)
Rearing of Children:
• Sec 12 Article II of the 1987 Constitution articulates the
state’s policy relative to the rights of parents in the rearing of
their children. (Pimentel v. LEB, Sept 19, 2019)
- As held in Samahan ng mga Progresibong Kabataan
(SPARK) vs Quezon city (August 8, 2017) the right and duty of
the parents to rear their children being a natural and primary
right connotes the parents’ superior right over the state in the
upbringing of their children. (Pimentel v. LEB, Sept 19, 2019)
Role of the State:
o As parens patriae, the state has the inherent right and duty to aid
parents in the moral development of their children, and, thus,
assumes a supporting role for parents to fulfill their parental
obligations. (SPARK vs Quezon city , August 8,2017)
Section 13. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their physical,
moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism and
encourage their involvement in public and civic affairs.
RA 8044-Youth in Nation Building Act
- Creation of National Youth Commission
Sangguniang Kabataan
o Article II, Section 13 & Article XV Sec. 3 of the constitution
required the state to enhance children’s well-being and to
protect them from conditions prejudicial to or that may
undermine development
o Fulfilling this mandate includes preventing discriminatory
conditions and, especially, dismantling mechanisms for
discrimination that hide behind veneer of the legal apparatus
(David v SET, Sept 20, 2016)
Section 14. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the
law of women and men.
o This is our nation’s response to the increasing clamor of women
worldwide for gender equality.
o Justice Flerida Ruth P. Romero, in her concurring opinion in
Yasin v Sharia, expounded that if this constitutional provision
means anything at all, “it signifies that women , no less than
men, shall enjoy the same rights accorded by the law and this
includes the freedom of choice in the use of names upon
marriage.” (Re: Petition to Use Maiden Name, July 18, 2006)
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 CONSTITUTIONAL LAW 1
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Active Application of Gender Equality
o This constitutional provision provides a core active application
than the passive orientation of Article III, Section 1 of the
Constitution does, which simply states that no person shall be
denied the equal protection of law.” (Racho v Tanaka, June
25,2018)
Section 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
o In Imbong v Ochoa, the SC declared that this provision is self-
executing.
Right to Health and Police Power
o Traditionally, these provisions (Sec 15 and 16) articulate the
doctrine that health and ecological concerns are proper purposes
of regulation and, therefore, and be the basis of the state’s
exercise of police power. Having constitutionally ordained goals
and principles are, per se, compelling state interests. (ISAAA v.
Greenpeace SEA, December 8, 2015)
Section 16. The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and harmony
of nature.
o In the landmark case of Oposa v Factoran Jr, we (SC)
recognized the public right of citizens to a balanced and
healthful ecology which, for the first time in our constitutional
history is solemnly incorporated in the fundamental law. (Arigo
v Swift, Sept. 16,2014)
o We (SC) declared that the right to a balanced and healthful
ecology need not be written in the constitution for it is assumed,
like other civil and political rights guaranteed in the Bill of
Rights, to exist from the inception of mankind and it is an issue
of transcendental importance with intergenerational
implications. (Arigo v Swift, Sept. 16, 2014)
o All Filipino citizens are entitled, by right, to a balanced and
healthful ecology as declared under Section 16, Article II of
the constitution. This right carries with it the correlative duty to
refrain from impairing the environment, particularly our
diminishing forest resources. To uphold and protect this right is
an express policy of the state. (Republic v Pagadian City
Timber, September 16, 2008)
Intergenerational Responsibility
o In Oposa, we (SC) allowed the suit to be brought in the name of
generations yet unborn “based on the concept of
intergenerational responsibility insofar as the right to a balanced
and healthful ecology is concerned.”
o Environmental procedures were made subsequent to the case of
Oposa vs Factoran, whereby citizen can file a suit (class suit)
against the violators of environmental laws
Writ of Kalikasan
o The Writ of Kalikasan, categorized as a special civil action and
conceptualized as an extraordinary remedy, covers
environmental damage of such magnitude that will prejudice the
life, health or property of inhabitants in two or more cities or
provinces. The Writ is available against an unlawful act or
omission of a public official or employee, or private individual
or entity.
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
Section 17. The State shall give priority to education, science and
technology, arts, culture, and sports to foster patriotism and nationalism,
accelerate social progress, and promote total human liberation and
development.
o The court in Basco v Pagcor 1991 ruled that Section 17, Article
II on giving priority to education, science, and technology, arts,
culture, and sports, and Section II Article XIV on educational
values are non-self-executing. (COTEDCUP v DepEd Sec)
Section 18. The State affirms labor as a primary social economic force. It
shall protect the rights of workers and promote their welfare.
o In the 1987 Constitution provisions on social justice and the
protection of labor underscore the importance and economic
significance of labor.
o Article II Section 18 characterizes labor as a primary social
economic force, and as such, the state is bound to protect the
rights of workers and promote their welfare.
o Moreover, worker are entitled to security of tenure, humane
conditions of work, and a living wage. (PNB v Padao,
November 16, 2011)
Note: Section 3, Article XIII, on the protection of labor and security
tenure was also declared by the court in Agabon v National Labor Relations
Commission (2004) as not self-executory. COTESCUP v Deped Sec)
Policy of a Filipino controlled economy:
Section 19. The State shall develop a self-reliant and independent national
economy effectively controlled by Filipinos.
o While Section 19 Article II of the 1987 Constitution requires
the development of a self-reliant and independent national
economy effectively controlled by Filipino entrepreneurs, it
does not impose a policy of Filipino monopoly of the economic
environment. (Espina v Zamora, Sept 21, 2010)
o The objective is simply to prohibit foreign powers or interests
from maneuvering our economic policies and ensure that
Filipinos are given preference in all areas of development.
(Espina v Zamora, September 21, 2010)
No Isolation Policy
o In other words, the Constitution did not intend to pursue an
isolationist policy. It did not shut our foreign investments,
goods, and services in the development of the Philippine
economy.
o While the constitution does not encourage the unlimited entry of
foreign goods, services, and investments into the country, it does
not prohibit them either. In fact, it allows an exchange on the
basis of equality and reciprocity frowning only on foreign
competition that is unfair. (Tanada v Angara, May 2, 1997)
Section 20. The State recognizes the indispensable role of the private
sector, encourages private enterprise, and provides incentives to needed
investments.
Section 21. The State shall promote comprehensive rural development and
agrarian reform.
o The 1987 Constitution mandates the just distribution of all
agricultural lands subject to the limits prescribed by Congress.
o Under Article II, Section 21 the state shall promote
comprehensive rural development and agrarian reform. - Article
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XIII, Section 4 provides that an agrarian reform program shall
be carried out in the country (Salas v Cabungcal,March
29,2017)
- Rural development encompasses a broad spectrum of social, economic,
human, cultural, political and even industrial development- not just
agricultural. (Bernas)
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
Re-orientation of Policy
o The 1987 Constitution reorients the state toward enabling
indigenous peoples to maintain their identity.
o It declines articulating policies of the integration and
assimilation and transcends the 1973 Constitution’s undertaking
to consider. Instead it commits to not only recognize, but also
promote “the rights of indigenous cultural communities.”
(Tawahig v Lapinid,March 10,2019)
o The 1987 Constitution qualifies the state’s duty of “recognizing
and promoting the rights of indigenous cultural communities” as
necessarily operating “within the framework of national unity
development.” This reference to national unity is as much an
articulation of an ideal as it is a legal formulation. (Tawahig v
Lapinid, March 10,2019)
Section 23. The State shall encourage non-governmental, community-
based, or sectoral organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and
information in nation-building.
o The Philippines recognizes the vital role of information and
communication in nation building.
o As a consequence, we have adopted a policy environment that
aspires for the full development of communications
infrastructure to facilitate the flow of information into, out of,
and across the country. (DOTC v Abecina, June 29,2016)
Section 25. The State shall ensure the autonomy of local governments.
o The autonomy of the LGUs does not contemplate the
fragmentation of the Philippines into a collection of mini-states
or the creation of imperium in imperio (Mandanas v Ochoa,
July 13, 2018)
o The grant of autonomy simply means that congress will allow
the LGUs to perform certain functions and exercise certain
powers in order not for them to be overly dependent on the
National Government subject to the limitations that the 1987
constitution or congress may impose. (Mandanas, supra)
Section 26. The State shall guarantee equal access to opportunities for
public service and prohibit political dynasties as may be defined by law.
Privilege not Right
o What is recognized is merely a privilege to subject to limitations
imposed by law.
o Section 26. Neither bestows such a right nor elevates the
privilege to the level of an enforceable right. (Pamatong vs
COMELEC, April 13, 2004)
o The equal access provision is a subsumed part of Article II of
the Constitution, entitled “ Declaration of Principles and State
Policies.”
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
o The provisions under the article are generally considered not
self-executing, and there is no plausible reason for according to
different treatment to the “equal access” provision. (Pamatong v
COMELEC)
On Political Dynasties
o the foregoing provision is considered as not self-executing due
to the qualifying phrase “as may be defined by law.”
o In this respect, said provision does not, by and of itself,
provide a judicially enforceable constitutional right but merely
specifies guideline for legislative or executive action. (Belgica
v Ochoa, November 19,2013)
Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and
corruption.
o Learning how unbridled power could corrupt public servants
under the regime of a dictator, the framers put primacy on the
integrity of public service by declaring it as a constitutional
principles and a state policy.( Ombudsman v
Vergara ,December 6,2017)
Policy of Full Disclosure
Section 28. Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
Note: The State’s policy of full public interest and is further subject to
reasonable conditions prescribed by law. (Sereno v Committee on Trade,
Feb 1, 2016)
Full Disclosure and Right to Information:
o The policy of full public disclosure enunciated in Section 28
complements the right of access to information on matter of
public concern found in the Bill of Rights.
o The right to information Sec 7 Article III guarantees the right of
the people to demand information, while section 28 recognizes
the duty of officialdom to give information even if nobody
demands. (Province of North Cotabato v GRP, October
4,2008)
o The complete and effective exercise of the right to information
(Sec 7 Article III) necessitates that its complementary provision
on public disclosure derive the same self-executory nature,
subject only to reasonable safeguards or limitations as may be
provided by law. (Province of North Cotabato v GRP, October
4,2008)
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FUNDAMENTAL POWERS OF THE STATE

1. Police power
2. Eminent domain and
3. Power of taxation

Who exercises these powers?

These fundamental powers are inherent in government, exercised by the

legislature and are only bestowed upon others, like the local government
units, as a result of delegation.

What is Police power?

 Police power is the power of the state to promote public welfare

by restraining and regulating the use of liberty and property.
[Maynilad v. DENR Sec, August 6, 2019]

 It is the most pervasive, the least limitable, and the most

demanding of the three fundamental powers of the State.
[Maynilad v. DENR Sec, August 6, 2019]

EXAMPLE: Pagkontrol sa red light district sa Maynila

 It is the inherent plenary power in the State which enables it to

prohibit all that is hurtful to the comfort, safety, and welfare of
society.
[PBOAP v. DOLE, July 27, 2018]

Can Police power be delegated?

 While police power rests primarily with the legislature, such
power may be delegated, as it is in fact increasingly being
delegated.

2 tests of a valid Police Power Measure

(means-end test)
1. The interest of the public generally, as distinguished from
that of a particular class, requires its exercise; and
(lawful subject)
2. The means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive
upon individuals. [MDA c. Viron, August 15, 1007]
(Lawful means)
 Stated differently, the police power legislation must be firmly
grounded on public interest and welfare and a reasonable
relation must exist between the purposes and the means.
[ MMDA v. Viron]

Limits of Police Power

 Though vast and plenary, this State power also carries

limitations, specifically it may not be exercised arbitrarily or
unreasonably.

 Otherwise, it defeats the purpose for which it is exercised, that,

is the advancement of the public good. [AMCOW v. GCC,
December 6, 2016]

2012 Bar
The most essential, insistent and the least limitable of
(government) powers, extending as it does to all the great public
needs, is:
a. Emergency power
b. Police power
c. Legislative power
d. Power to declare martial law

Eminent Domain

15
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
 Eminent domain is the inherent power of a nation or
a sovereign state to take, or sanction the taking of,
private property for a public use without the owner’s
consent, conditioned upon payment of just
compensation.
 In other words, eminent domain is a coercive
measure on the part of the State whereby private
interests are impaired for the general welfare.
 Expropriation- involuntary sale
Expropriation is an involuntary sale where the
landowner is practically an unwilling seller.
Is eminent domain absolute?
 While eminent domain is an inherent power, it is not
absolute such that it is subject to limitations imposed
under the 1987 Constitution.
LIMITATIONS
 Section 1, Article 3 provides that no person shall be deprived of
property without due process of law, while Section 9 thereof
states that private property shall not be taken for public without
just compensation.
 These constitutionality enshrined restrictions ensure that private
individuals are not unduly prejudiced by the capricious or
oppressive exercise of the State’s powers. [Republic v. Jose
Gamir-Consuelo Diaz Heirs Assn, Inc., Nov. 12, 2018]
2 Mandatory Requirements
But the exercise of such right is not unlimited, for two mandatory
requirements should underlie the Government’s exercise of the power of
eminent domain, namely:
1. That it is for a particular public purpose and
Example: Road widening
1. That just compensation be paid to the property
owner.
Power of Taxation
Purely Legislative
 It is purely legislative and thus, cannot be delegated to the
executive and judicial branches of government without running
afoul to the theory of separation of powers.
In other words, the legislative wields the power to define
1. what tax shall be imposed,
2. Why should it be imposed,
3. How much tax shall be imposed,
4. Against whom (or what) it shall be imposed and
5. Where it shall be imposed
[Chamber of Real Estate and Builders Assn., v. Romulo, March
9, 2010]
Is the power to tax Absolute?
 It is true that taxes are the lifeblood of the government.
However, in spite of all its plenitude, the power to tax has its
limits.
[CIR v. BASF Coating, November 26, 2014]
State Immunity
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
 The immunity of the State from suit, known as the doctrine of
sovereign immunity or non-suability of the State [royal
prerogative of dishonesty,] it is expressly provided in Article 16
of the 1987 Constitution which states:
royal prerogative of dishonesty- the state has the prerogative to
repel any legitimate claim against it by simply invoking non-
suability
 Section 3. The State may not be sued without its consent.
The doctrine of sovereign immunity can be understood either as
1. A domestic or an
2. An International concept
As a domestic concept
As applied to the local state the, the doctrine of the state immunity is based
on the justification given by Justice Holmes that “there can be no legal right
against authority which makes the law on which the right depends.” [Arigo
v. Swift citing Kawanakoa v. Polybank, 205 U.S, 349]
Purpose
 The purpose behind this principle is to prevent the loss of
governmental efficiency as a result of the time and energy I
would require to defend itself against lawsuits. [City of Bacolod
v. Phuture, January 17. 2018]
 It also rests on reasons of public policy- that public service
would be hindered, and the public endangered, if the sovereign
authority could be subjected to law suits at the instance of every
citizen and, consequently, controlled in the uses and dispositions
of the means required for the proper administration of the
government. [Professional Video v. TESDA, June 26, 2009].
 The proscribed suit that the State immunity principle covers
takes on various forms namely:
1. a suit against the Republic by name;
2. a suit against an unincorporated government agency;
3. a suit against a government agency covered by a charter with
respect to the agency’s performance of governmental functions;
and
4. a suit that on its face is against a government officer, but where
the ultimate liability will fall on the government. [Professional
Video v. supra]
 The State and its political subdivisions are open to
suit only when they consent to it.
How consent is given?
The consent of the State to be sued may be given
1. expressly or
2. impliedly
Express consent
 There is express consent when the law expressly
grants authority to sue the State or any if its agencies.
There is express consent when a law either special or
general, so provides. [ DOH v. Phil Pharma,
February 20, 2013]
May be waived by general/ special law
 State immunity from suit may be waived by general
or special law.
 The special law can take the form of the original
charter of the incorporated government agency.
 The General Law: Act. No. 3083, as amended, where
the Philippine government consents and submits to
be sued upon any money claim involving the liability
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Based on the lectures of Atty. JP Asong

arising from contract, express or implied, which c. Breach of contract
could serve as a basis of civil action between private
parties. [ Phil Tectile Res Inst., CA, October 9, When the state enters into a contract
2019]
 Local Government Code In this situation, the government is deemed to have descended to the
(Book I, Title I, Chapter 2, Section 22 of the Local level of the contracting party and to have divested itself of its
Government code of 1991 (RA 7160) sovereign immunity (Phol Textile Res Inst vs CA, Oct. 9, 2019)
Section 22. Corporate powers.
EXPN to waiver of non-suability: Not all contracts entered into by the
a. Every local government unit, as a corporation, shall
government operate as a waiver of its non-suability (governmental
have the following powers:
capacity)
-to be sued and be sued (2)
-distinction must still be made between one which is executed in the
Special laws
exercise of its sovereign functions and another which is done in its
proprietary capacity
 Under section 6(i) of the Presidential Decree No. 757, which
was its charter, the National Housing Authority could be sued Proprietary/Private capacity
and be sued
As such the NHA was not immune from the suit of Roxas (NHA The State will be deemed impliedly waived its non-suability only if
vs. Roxas, Oct. 21, 2015) has entered into a contract in its proprietary or private capacity

Suits filed against the government may either However, when the contract involves is sovereign or governmental
capacity, no such waiver may be implied
1. incorporated
2. unincorporated agencies

Unincorporated agency
 an unincorporated government agency without any separate
juridical personality of its own enjoys immunity from suit
because it is invested with an inherent power of sovereignty
(ATO vs Ramos, Feb 23, 2011)
Examples
1. DPWH-it is an unincorporated government agency without any
separate juridical personality of its own and it enjoys immunity
from suit. (Heirs of Diosdad vs DPWH, July 9, 2014.) The suit
is against its principal, ie. “The State”. (Republic vs Nolasco,
April 27, 2005)
2. The DOH is an unincorporated agency which performs
functions of governmental character (DOH vs Phil Pharma
Wealth, Feb 20, 2013)
However the need to distinguish between an unincorporated government
agency
a. Performing governmental function
b. One performing proprietary function
 The immunity has been upheld in favour of the former
(governmental) because its function is governmental or
incidental to such function;
 It has not been upheld in favour of the latter (proprietary) whose
function was not in pursuit of a necessary function of
government but was essentially a business
Incorporated agency
 In case of incorporated agencies, its suability depends upon
whether its organic act specifically provides that it can sue and
be sued in Court
 If the agency is incorporated, the test of its suability is found in
its charter. The simple rule is that if its charter says so, and this
true regardless of the functions it is performing. (German
Agency for Technical Corporation, et al vs Court of Appeals,
2009)
IMPLIED CONSENT
a. When state enters into a contract
b. When the State initiates to sue a private party (open to
counterclaims)
The application of the doctrine of immunity from suit has been
restricted to sovereign or governmental activities and cannot be
extended to commercial, private and proprietary acts (Republic vs
Navarro, July 24, 2019)
When the State sues a private party
-through its duly authorized officers, the State takes the initiative in a
suit against a private party, it thereby descends to the level of a
private individual and thus opens itself to whatever counterclaims or
defences the latter may have against it. (republic vs sandiganbayan,
March 6, 2006)
Example:
 Petitioner Republic’s act of filing its complaint in Civil
case no 0034 constitutes waiver of its immunity from suit
 Being itself the plaintiff in that case, petitioner Republic
cannot set up its immunity against private respondednt
Benedicto’s prayers in the same case (republic vs
sandiganbayan)
Breach of contract
The State ffectively gave its consent when it entered into
contracts and committed breach (republic vs Roque, Oct. 10,
2016)
Example:
1. When the Republic entered into a compromise agreement
with a private person, it stripped itself of its immunity
from suit and placed itself on the same level as its
adversary
Its consent to be sued is implied from its entry into the
contract and the Republic’s breach grants the other party
the right to enforce or repudiate the contract (republic vs
roque citing republic vs sandiganbayan, March 6, 2006)
2. When the state fails to comply with the alleged terms of
deeds of donation executed by private persons (Santiago
vs Government, Dec. 9, 1978)
3. Hen the republic enters into deeds of sale but fails to abide
by the conditions (Republic vs Roque, Oct. 10, 2016)
SHOULD NOT PERPETRATE INJUSTICE

17
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
 The SC reiterated that the doctrine of state immunity from suit
cannot serve to perpetrate an injustice on a citizen
 If it will rule otherwise, it will be tolerating unfair dealing in
contract negotiation (republic vs roque, oct 10, 2016)
 The State’s immunity from suit may be shelved when the Court
is convinced that its stubborn observance will lead to the
subversion of the ends of justice (Phil Textile Reseacrh Inst. vs
CA, Oct. 9, 2019)
 The doctrine must be fairly observed and the State should not
avail itself of this prerogative to take undue advantage of parties
that may have legitimate claims against it (republic vs unimex,
Mar.9,2007)
Waiver is strictly construed
Statutory provisions waiving state immunity are construed in strictissimi
juris. For, waiver of immunity is in derogation of sovereignty
Suability vs Liability
Suability depends on the consent of the State to be sued, liability on the
applicable law and the established facts (US vs Guinto, Feb 26, 1990)
The circumstance that a State is suable does not necessarily mean that it is
liable; on the other hand, it can never be held liable if it does first consent
to be sued (US vs Guinto)
Liability is not conceded by the mere fact that the State has allowed itself to
be sued
What if the State waives?
When the State does waive, it is only giving the plaintiff the chance to
prove, if it can, that the defendant is liable (US vs Guinto)
The finding that the government is liable in a suit to which it consented
does not translate to enforcement of the judgment by execution
As a rule, public funds may not be disbursed absent an appropriation of law
or other specific statutory authority (Roxas vs Republic Real Estate Corp.
June 1, 2016)
Under the Government Auditing Code (P.D. 1445)
It is settled jurisprudence that upon determination of State liability, the
prosecution, enforcement or satisfaction thereof must still be pursued in
accordance with the rules and procedure laid down in PD No 1445
Procedure to prosecute claim
A claim against the government must first be filed with the Commission on
Audit (COA), which must act upon it within 60 days
What if the claim is rejected by COA?
If the claim is rejected, the claimant is authorized to elevate the matter to
the SC on certiorari (CA 327, amended PD 1445, Secs 49-50)
COA viz money claims
-Commonwealth Act No 327, as amended by Section 26 of PD No 1445,
the COA has primary jurisdiction over money claims against government
agencies and instrumentalities
COA-settlement of debts
-The authority and powers of the COA shall extend to and comprehend all
matters relating to …the examination, audit, and settlement of all debts and
claims of any sort due from or owing to the government or any of its
subdivisions, agencies, and instrumentalities
Under COA Rules,
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
 Rule II, Section 1 (B) of the 2009 Revised Rules of Procedure of
the COA specifically enumerated those matters falling under
COA’s exclusive jurisdiction, which include money claims due
from or owing to any government agency
 Money claims against the government cannot be subjects of
writs of execution absent any showing that they have been
brought before the COA (Republic vs Fetalvero, Feb 4, 2019)
 Claims against the govt which were already adjudicated by
regular courts of law cannot be automatically satisfied through
writs of execution because payment of money judgment is still
subject to the approval of the COA (COA Decision No 2019-
149, May 22, 2019)
Public funds not object of garnishment
 Public funds cannot be the object of garnishment
proceedings event if the consent to be sued had been
previously granted and even if state liability has been
adjudged (NHS vs Heirs of Guivelondo, June 9, 2003)
 The rule is based on obvious considerations of public
policy. The functions and public services rendered by the
State cannot be allowed to be paralyzed or disrupted by the
diversion of public funds from their legitimate and specific
objects, as appropriated by law. (Republic vs Tatlonghari,
Nov. 23, 2015)
 Based on considerations of public policy, government
funds and properties may not be seized under writs of
execution or garnishment to satisfy judgments rendered by
the Courts and disbursements by public funds must be
covered by the corresponding appropriation as required by
law (Rallos vs Cebu, August 28, 2013)
EXPN: Note: However, if the funds belong to a public
corporation or a government-owned or controlled corporation
which is clothed with a personality of its own, separate and
distinct from that of the government, then its funds are not
exempt from garnishment (Republic vs Tatlonghari, Nov. 23,
2015)
Need for an appropriation
-section 4(1) of PD No 1445 and Section 305 (a) of the Local
Government Code both categorically state that no money shall
be paid out of any public treasury or depository except in
pursuance of an appropriation law or other specific statutory
authority
There must be a corresponding appropriation, as required by
law, to satisfy the judgment of the Court
Complaints against Public Officials
 The suability of a government official depends on
whether the official concerned was acting within his
official or jurisdictional capacity and whether the
acts done in the performance of official functions
will result in a charge or financial liability against the
government
Acts beyond official duties
 Otherwise stated, public officials can be held
personally accountable for acts claimed to have been
performed in connection with official duties where
they acted ultra vires or where there is showing of
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bad faith (Secretary of Health vs Phil Pharmawealth,
Feb 20, 2013)
 State immunity from suit may not be used by
government officials or agencies to perpetuate
injustices and escape liability for damages arising
from the performance of such official acts or the
neglect to do so, and that a public officer cannot hide
behind such immunity if he acts beyond the power
conferred to him by law (Republic vs Lasdoce,
Sept.20,2017)
NATIONAL TERRITORY
-Consists of the Philippine archipelago with all the island and waters
embraced there in
--all other territories over which Ph has sovereignty and jurisdiction
-consists of: terrestrial, fluvial, aerial domains
-including: territorial sea, seabed, subsoil, insular shelves and submarine
areas
Internal waters: waters around, between, connecting islands of archipelago
regardless of breadth and dimension
Deliberations on National Territory
1. Whether to have this provision
2. What posture to take relative to Sabah as covered by the clause “all other
territories belong to Ph by historic right or legal title”
3. How the definition of territory would relate to 1982 UNCLOS
Peculiarities of PH National Territory
-The Ph is a mid-ocean archipelago
-with 7,641 islands (NAMRIA)
-Geo-strategically located in South east Asia surrounded by Pacific
ocean(East), South China (West and North) Celebes sea (south)
Archipelago
Classification:
1. Continental or coastal- situated so close to the mainland, considered to
be part and parcel thereof, forming an outer coast line
Example: Norwegian skjaegred
Canadian
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3. Mid-ocean or outlying – group of islands in the ocean as such
distance from the coasts of the firm land to be considered as an
independent whole rather than forming part of or outer coastline
of the mainland
Indonesia and Philippines
Further divided on the basis of political status:
• Archipelagic states- forming the whole territory of states
• Continental states- mid ocean archipelagos
Example: Faroe Islands
Philippine Treaty Limits
Covers areas set for in the (rectangular form, southern there is a disruption
near in Malaysia)
- Treaty of Paris
-Cession Treaty of 1900
-Boundaries 1930 Treaty
Treaty of Paris
• Transferred Ph sovereignty to the US upon payment of ($20,000,000)
within 3 months after treaty ratification Cession Treaty of 1900
Article III-coordinates
Cession Treaty of 1900
• To address the small islands not included in the Treaty of Paris: Sibutu
and Kagayan de Sulu of some strategic value
-to consolidate the American possessions in the Sulu archipelago by
including the abovementioned islands, both of which have always formed
part of the Sulu Sultanate (Bautista, 2008)
Boundaries treaty of 1930
• Clarifies islands in the region belonging to the US and to the State of
North Borneo and delimits boundary between Philippine Arch and State of
Borneo Issue with the validity of Philippine treaty limits in international
law on whether it is in conformity with the Law of the Sea Convention
 US and Great Britain negotiations solely focused on the status of
TURTLE ISLANDS and MANGSEE ISLANDS
• The internatonal community contests the position of Ph Govt because it
runs against rules in the LOSC which the Philippine signed and ratified
1935 Constitution (includes Treaty of Paris
1973 Constitutions (changed to “by historic right or legal title)
United Nations Convention on the Law of the sea (UNCLOS) (consists
of 16 parts)
-multilateral treaty opened for signature on Dec 10, 1982 at Montego Bay,
Jamaica
-ratified by Ph in 1984, came into force on Nov 16, 1994 upon submission
of the 60th ratification
NOTE: UNCLOS has nothing to do with the acquisition or loss of territory.
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It regulates sea-use rights over maritime zones like territorial waters (12
NM from baselines), contiguous zones (24 NM), exclusive economic zone
(200NM) and continental shelves that UNCLOS III delimits
Territorial claims to land features are outside UNCLOS but governed by
laws on international law.
Baseline Laws: to mark out specific basepoints along their coasts from
which baselines are drawn either straight or contoured, to serve as
geographic starting points to measure breadth of maritime zones and
continental shelf
An archipelagic state: (Art. 47) follows a straight baseline method,
joining the outermost points of the outermost islands and drying reefs
Article 47 (3). The drawing of such baseline shall not depart to any
appreciable extent from general configuration of the archipelago
Methods of determining baselines:
RA 3046 (1961) –straight baseline methods
RA 5446 (1968)
RA 9522 (2009)- an act to amend certain provisions of RA 3046 as
amended by RA 5446, to define the archipelagic baseline of the Ph and
other purposes
UNCLOS gives the State sovereign rights over diff zones
a. Internal waters
b. Territorial sea- extend to air space as well as to its bed and
subsoil, full sovereignty
c. Contiguous zone
d. Exclusive economic zones
e. High seas
Contiguous zone
State may exercise control to:
a. Prevent infringement of its customs, fiscal, immigration or sanitary laws
and regulations
b. Punish infringement of above laws and regulations committed within its
territory
Exclusive economic zones
1. rights for exploring, exploiting, conserving and managing natural
resources whether living, non-living, waters superjacent- to seabed, and
economic exploration such as production of energy from water, currents,
winds (exploitation)
Jurisdiction as provided by UNCLOS with regard to:
a. establishment and use of artificial islands, installations and structures
b. maritime scientific research
c. protection and preservation of the marine environment
Enforcement of law and regulations of the coastal state
(ART. 73) -The coastal state may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the EEZ, take
such measures, including boarding, inspection, arrest and judicial
proceedings, as may be necessary to ensure compliance with the laws and
regulations in conformity with this Convention
Continental Shelf (Art. 77) –
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-Coastal state exercises over the continental shelf sovereign rights for the
purpose of exploring it and exploiting its natural resources –
-The rights referred to in paragraph 1 are exclusive in a sense that if the
coastal State does not explore the continental shelf, no one may undertake
these activities without the express consent of the State e.
The high seas (Art. 87
-are open to all States, whether coastal or land-locked It comprises:
• freedom of navigations
• Freedom of overflight
• Freedom to lay submarine cables and pipelines subject to part VI
• Freedom to construct artificial islands and other installations permitted
under international law, subject to Part IV
• Freedom of fishing, subject to conditions laid down in sec 2.
• Freedom of scientific research, subject to Parts VI and XIII
The Area (Art. 137)
1. No state shall claim or exercise sovereignty over any part of the
Area or its resources, nor shall any State or natural or judicial
person appropriate any part thereof. No such claims or exercise
of sovereignty nor such appropriation shall be recognized.
Regime of Islands (Art, 121)
Kalayaan Group and Scarborough belong to this classification
1. An island is a naturally formed area of land, surrounded by water which
is above water at high tide
2. Except as provided for in paragraph 3, the territorial sea, contiguous
zone, EEZ and continental shelf of an island are determined in accordance
with its provisions of this Convention applicable to other land territory.
3. Rocks which cannot sustain human habitation or economic life of their
own shall have no EEZ or continental shelf
Treaty setting Philippines, Indonesia EEZ boundary enters into force –
An agreement delineating the boundary between the overlapping EEZ of
the Philippines and Indonesia officially entered into force following the
exchange by the two countries’ foreign ministers of the instruments of
ratification in a special ceremony held on Aug 1, 2019 in BKK
Archipelagic Doctrine (Embodied in Art, 1 of 1987 Constitution) –
This articulates the archipelagic doctrine of National territory based on the
principle that an archipelago, which consists of a number of islands
separated by bodies of water, should be treated as one integral unit.
The South China Sea Arbitration
This arbitration concerned the role of historic rights and the source of
maritime entitlements in the South China Sea, the status of certain
maritime features and the maritime entitlements they are capable of
generating, and the lawfulness of certain actions by China that were
alleged by the Ph to violate the Convention.
In light of limitations on compulsory dispute settlement under the
Convention, the Tribunal has emphasized that is does not rule on any
question of sovereignty over land territory and does not delimit any
boundary between Parties.
Ruling of Tribunal on its Jurisdiction (July 12, 2016)
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The Tribunal noted that both parties, Ph and China are parties to the
Convention and that the Convention does not permit a State to except itself
generally from the mechanism for the resolution of disputes set out in the
Convention
So, the Tribunal held that China’s non-participation does not deprive the
Tribunal of jurisdiction and that the Tribunal had been properly constituted
pursuant to the provisions of Annex VII to the Convention, which include a
procedure to form a tribunal even in the absence of one party.
Tribunal’s Decisions on the Merits of the Ph Claims: (issues)
a. The 9-dash line and China’s claim to historic rights in the maritime area
of the South China Sea
b. The Status of Feature in the South China Sea
• Also, Chinese authorities were aware of these activities and failed to
fulfill their due diligence obligations under the Convention to stop them
• The Tribunal concluded that the Convention is clear in allocating
sovereign rights to the Ph with respect to sea areas in the EEZ
• The Tribunal found China had:
o Interfered with the Ph petroleum exploration at Reed bank o Purported to
prohibit fishing by Philippine vessels within the PH EEZ
o Protected and failed to prevent Chinese fishermen from fishing within the
Ph EEZ at Mischief Reef and Second Thomas Shoal , Reed Bank
o Constructed installations and artificial islands at Mischief Reef without
the authorization of the Ph

c. Chinese Activities in the South China Sea
d. Aggravation of the Dispute between parties
e. Future conduct of the Parties
RULING
The 9-dash line and China’s claim to historic rights
• The Tribunal found that China’s claim to resources was incompatible with
the detailed allocation of rights and maritime zones in the Convention and
concluded that, to the extent China had historic rights to resources in the
waters of the South China Sea, such rights were extinguished by the entry
into force of the Convention to the extent they were incompatible with the
Convention’s system of maritime zones
The Status of Feature in the South China Sea
• The Tribunal agreed with the Ph that Scarborough Shoal, Johnson Reef,
Cuarteron Reef, and Fiery Cross Reef, Hughes Reef, Mischief Reed, and
Second Thomas Shoal were submerged at high time in their natural
condition.
• However, the Tribunal disagreed with the Ph regarding the status of
Gaven Reef and McKennan Reef and concluded that both are high tide
features.
• The Tribunal concluded that all of the high-tide features in the Spratly
Islands (Itu Aba, Thitu, West York, Spratly, North-East Cay, South-West
Cay) are legally “rocks” that do not generate an EEZ or continental shelf
• They also held that the Convention does not provide for a group of islands
such as Spratly Islands to generate maritime zones collectively as a unit
• The Tribunal therefore concluded that China had violated Ph sovereign
rights with respect to its EEZ and continental shelf
Aggravation of the Dispute between parties
• The Tribunal noted that China has:
o Built a large artificial island on Mischief Reef
o Caused permanent, irreparable harm to the coral reef ecosystem
o Permanently destroyed evidence of the natural condition of the features in
question
The Tribunal concluded that China has violated its obligations to refrain
from aggravating or extending the Parties’ disputes during the pendency of
the settlement process
Future conduct of the Parties
 The Tribunal considered that the root of the disputes at issue in
this arbitration lies not in any intention on the part of China or
the Ph to infringe on the legal rights of the other, but rather in
fundamentally different understandings of their respective rights
under the Convention in the waters of the South China Sea.
 The Tribunal recalled that it is a fundamental principle of
international law that bad faith is not presumed and noted that
Art, 11 of Annex VII provides that the “award….shall be
complied with by the parties to the dispute.”
 It goes without saying the both Parties are obliged to resolve
their disputes peacefully and to comply with the Convention and
this Award in good faith.

• Having found that none of the features claimed by China was capable of
generating EEZ, the Tribunal found that it could- without delimiting a
boundary- declare that certain sea areas are within the EEZ of the Ph,
because those areas are not overlapped by any possible entitlement of
China Chinese

Activities in the South China Sea

• The Tribunal found that China’s recent large scale land reclamation and
construction of artificial islands at seven features in the Spratly Islands has CITIZENSHIP
caused severe harm to the coral reef environment and that China has
violated its obligation under Art, 192 and 194 of the Convention to preserve ART. 4
and protect the marine environment with respect to fragile ecosystems and
“Citizenship is a man’s basic right for it is nothing less than the right
habitat of depleted, threatened or endangered species.
to have rights.
• Tribunal also found that Chinese fisherman have engaged in the
Remove this priceless possession and there remains a stateless person,
harvesting of endangered sea turtles, coral, and giant clams on a substantial
disgraced, degraded in the eyes of his countrymen.” (CJ. Warren,
scale using methods that inflict severe damage to the coral reef
Dissention Opinion, Perez vs. Brownell, 356, U.S 44)
environment
What is Citizenship?

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 Citizenship is a legal device denoting political affiliation.
It is the “right to have rights.”
 It is one’s personal and permanent membership in a
political community. [David v SET, September 20,2016]
 It denotes possession within that particular political
community of full civil and political rights subject to
special disqualifications.
 Reciprocally, it imposes the duty of allegiance to the
political community. [Republic v. Karbasi July 29, 2015]
 Citizenship also entails obligations to the political
community of which one is part.
 Citizenship, therefore is the intimately tied with the notion
that loyalty is owed to the state, considering the benefits
and protection provided by it. [David v SET]
Core of Citizenship
 The core of citizenship is the capacity to enjoy political
rights, that is, the right to participate in government
principally through the right to vote, the right to public
office, and the right to petition the government for redress
of grievances. [David v SET; Republic v. Karbasi; Go v.
Republic, July 2, 2014]
Modes of acquiring Citizenship
1. Jus sanguinis [“right of blood”]- acquisition of
citizenship on the basis of blood relationship.
2. Jus soli [“right of the soil”] - acquisition of citizenship on
the basis of place of birth.
3. Naturalization- the legal act of adopting an alien and
clothing him with the privilege of native-born citizen
[Bernas]
There are two ways of acquiring citizenship:
1. By birth, and
2. By naturalization.
These ways of acquiring citizenship correspond to
the two kinds of citizens: the natural born citizen,
and the naturalized citizen. [Bengson v. HRET, May
7, 2001]
2012 Bar
Basic Philippine law, respect of the modes of acquiring citizenship, follows
the rule(s) of:
a. Jus soli and jus sanguinis
b. Naturalization and provides for jus soli
c. Jus sanguinis and provides for naturalization
d. None of the above
Historical development of the concept of “citizenship” in the Philippines
 Under the Spanish, the native inhabitants of the Philippine
Islands were identified not as citizens but as “Spanish
subjects”.
 The term “citizens of the Philippine Islands” first
appeared in legislation in the Philippine Organic Act,
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otherwise known as the Philippine Bill of 1902: [David v
SET]
 The Philippine Bill of 1902 explicitly covered the status of
children born in the Philippine Islands to its inhabitants
who were Spanish subjects as of April 11, 1899
[effectivity of the Treaty of Paris].
 The term in habitant was taken to include
1. Native born inhabitant
2. An inhabitant who was a native of Peninsular Spain
and
3. An inhabitant who obtained Spanish papers o or
before 11 April 1899. [Tecson v COMELEC, March
3, 2004]
 The Jones Law [Philippine Autonomy Act] 1916 provided
that a native born inhabitant of the Philippine Islands was
deemed to be a citizen of the Philippines as of April 11,
1899 if he or she was
1. “A subject of Spain on April11, 1899,
2. residing in the Philippines on said date, and
3. Since the date, not a citizen od some other country”.
[David v SET]
Principles of Jus sanguinis
 The signing into law of the 1935 Philippine Constitution has
established the principle of Jus sanguinis as basis for the
acquisition of the Philippine citizenship
 So also, the principle of Jus sanguinis which confers
citizenship by virtue of blood relationship, was
subsequently retained under the 1973 and 1987
Constitutions. [Valles v. COMELEC, August 9,2000]
1935 Constitution
Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippine Islands at the
time of the adoption of this Constitution.
2. Those born in the Philippine Islands of foreign parents
who, before the adoption of this Constitution, had
been elected to public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines
and, upon reaching the age of majority, elect
Philippine citizenship.
5. Those who are naturalized in accordance with law.
Election of Philippine citizenship- when applied
 Under Article 4, Section 1(4) of the 1935 Constitution, the
citizenship of a legitimate child born of a Filipino mother
and an alien father followed the citizenship of the father,
unless, upon reaching the age of majority, the child elected
Philippine citizenship. [Republic v. Sagun, February 15,
2012; contra Tecson V. COMELEC, March 3, 2004]
Legitimate and Illegitimate children
It is settled rule that only legitimate children follow the citizenship of the
father and that illegitimate children are under the parental authority of the
mother and follow her nationality. [Republic v. Sagun, February 15, 2012]
1973 Constitution
Section1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time
of adoption of this Constitution.
2. Those whose fathers or mothers are citizens of the
Philippines.
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3. Those who elect Philippine citizenship pursuant to the
provisions of the Constitution of 1935.
4. Those who are naturalized in accordance with law.
Note: [since] the new provision Sec. 1 (2) allowing
legitimate child to follow the citizenship of the
Filipino mother is NOT RETROACTIVE, provision
had to be made for legitimate children born of Filipino
mothers under the 1935 Constitution who by reason of
minority had not yet exercised their option when the
1973 Constitution took effect. [Bernas]
1973 Constitution
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.
2. Those whose fathers or mothers are citizens of
the Philippines.
3. Those who elect Philippine citizenship pursuant
to the provisions of the Constitution of the
nineteen hundred and thirty-five [1935].
4. Those who are naturalized in accordance with
law.
 The right to elect Philippine citizenship was recognized in
the 1973 Constitution when it provided that those who elect
Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five are citizens
of the Philippines. [Republic v. Sagun, February 15, 2012]
 Under the 1973 constitution definition, there were two
categories of Filipino citizens which were not considered
natural-born:
1. Those who were naturalized and
2. Those born before January 17, 1973, and of Filipino mothers who, upon
reaching the age of majority elected Philippine citizenship. [Bengson v.
HRET, May 7, 2001]
2013 Bar
A child born under either the 1973 or the 1987 Constitution, whose father
or mother is a Filipino citizen at the time of his birth, is ___.
a. Not a Filipino citizen as his father and mother must both be
Filipino citizens at the time of his birth.
b. Not a Filipino citizen if his mother is a Filipino citizen but his
father is not, at the time of his birth
c. a Filipino citizen no matter where he or she may be born
d. a Filipino citizen provided the child is born in the Philippines
e. a Filipino citizen if he or she so elects upon reaching the age of
21
Who are Filipino citizen under the 1987 Constitution?
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;
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
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4. Those who are naturalized in accordance with the law.
[Art. IV]
Note: Section 1(2) [Article IV] does not require one’s parents to be natural-
born Filipino citizens.
It does not even require them to conform to traditional conceptions of what
is indigenously or ethically Filipino. One or both parents can, therefore, be
ethically foreign. [David v. SET, September 20, 2016]
RETROACTIVE EFFECT
 The court interprets Section 1, Paragraph 3 as applying not
only to those who elect Philippine citizenship after February
2, 1987 but also to those who, having born of Filipino
mothers, elected citizenship before that date. The provision
in Paragraph 3 was intended to correct an unfair position
which discriminates against Filipino women. [Co v. HRET,
July 30, 1991].
 The present Constitution now considers [s] those born of
Filipino mothers before the effectivity of the 1973
Constitution and who elected Philippine citizenship upon
reaching the majority age as natural-born [Bengson v.
HRET, May 7, 2001]
DEEMED NATURAL BORN CITIZENS
Section 2. Those who elect Philippine citizenship in
accordance with Paragraph (3), Section hereof shall be
deemed natural-born citizens.
How election is made
 C. A. No. 625 [An act Providing the Manner in which the
Option to Elect Philippine Citizenship shall be Declared by
a Person whose Mother is a Filipino Citizen] which was
enacted pursuant to Section 1(3), Article IV of the 1935
Constitution, prescribes the procedure that should be
followed in order to make a valid election of Philippine
citizenship. [In re: Ching October 1, 1999]
Requirements apply only to legitimate children
Note: Plainly, the above constitutional and statutory requirements of
electing Filipino citizenship apply only to legitimate children, [Republic v.
Chule Y. Lim, January 13, 2004]
Statutory formalities
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.
Section1. The option to elect Philippine citizenship in accordance with
subsection (4) Section 1, Article IV, of the 1935 Constitution shall be
expressed in a statement to be signed and sworn to by the party concerned
before any officer authorized to administer oaths, and shall be filed with the
nearest civil registry. The said party shall accompany the aforesaid
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statement with the oath of allegiance to the Constitution and the
Government of the Philippines. [C.A 625]
Register as an Alien
 [No] election of Philippine citizenship shall be accepted for
registration under C.A No. 625 unless the party exercising
the right of election has complied with the requirements of
the Alien Registration Act of 1950.
 In other words, he should first be required to register as an
alien. [Republic v. Sagun, February 15, 2012]
 Pertinently, the person electing Philippine citizenship is
required to file a petition with the [Bureau of
Immigration] for the cancellation of his alien certificate of
registration based on his aforesaid election of Philippine
citizenship and said Office will initially decide, based on the
evidence presented the validity or invalidity of said election.
 Afterwards, the same is elevated to the [Department of
Justice] for the final determination and review. [Republic v.
Sagun]
Time period to elect not provided
 Note: however, the 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 provide that the election should be
made “upon reaching the age of majority”.
 The age of majority then commenced upon reaching twenty-
one (21) years. [In re: Ching October 1, 1999]
“within a reasonable time”
 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. [In re: Ching; Ma.
V. Fernandez; Republic v. Sagun]
What is “reasonable time”?
 The phrase “reasonable time” has been interpreted to mean
that the election should be made generally within three (3)
years from reaching the age of majority. [Republic v.
Sagun, February 15, 2012]
Categories of Filipino citizens
Today, there are only two 2 categories of Filipino citizens:
a. Natural-born and
b. Naturalized. [David v. SET]
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 In Bengson III v. HRET (2001), the Court pointed out that
there are only two types of citizens under the 1987
Constitution:
1. Natural-born citizen and
2. Naturalized, and
-that there is no third category for repatriated citizens. [ Poe-Llamanzares
v. COMELEC, March 8, 2016]
Who are natural-born citizens?
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.
“From birth”
 In Bengson III v. HRET the phrase “from birth” was
clarified to mean at the time of birth: a person who at the
time of his birth is a citizen of a particular country, is a
natural-born citizen thereof.” [Poe-Llamanzares v.
COMELEC, March 8, 2016]
“Having to perform any act”
 Means that the act must be personally done by the citizen.
[Poe-Llamanzares v. COMELEC, March 8, 2016]
Offices under the 1987 Constitution exclusive to natural-
born citizens
1. President
2. Vice-president
3. Senator
4. Member of the House of the Representatives;
5. Member of the Supreme Court or any lower collegiate
court;
6. Chairperson and Commissioners of the Civil Service
Commission;
7. Chairperson and Commissioners of the Commission
on Elections;
8. Chairperson and Commissioners of the Commission
on Audit;
9. Ombudsman and his or her deputies;
10. Board of Governors of the Bangko Sentral ng
Pilipinas; and
11. Chairperson and Members of the Commission of
Human Rights. [David v. SET]
Foundlings are natural-born
 The presumption that all foundlings found in the Philippines
are born to at least either a Filipino father or a Filipino
mother( and are thus natural-born, unless there is
substantial proof otherwise) arises when one reads the
Constitution as a whole, so s to “effectuate [its] whole
purpose”. [David v. SET]
 Though the matter is settled by interpretation exclusively
within the confines of constitutional text, the presumption
that foundlings are natural-born citizens of the Philippines
(unless substantial evidence of the foreign citizenship of
both the foundling’s parents is presented) is validated by…a
parallel consideration or contemporaneous construction of
the Constitution with acts of Congress, international
instruments in force in the Philippines, as well as acts of
executive organs such as the Bureau of Immigration, Civil
Registrars, and the President of the Philippines. [David v.
SET]
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 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
2011 Bar
A child born in the United States to a Filipino mother and an American
father is
Answer: d. a natural born Filipino citizen.
1990 Bar
Y was elected Senator in the May of 1987 national elections. He was born
out of wedlock in 1949 of an American father and a Filipina mother. Y
never elected Philippine citizenship upon reaching the age of majority.
Is Y natural born Filipino citizen?
Answer: Yes, because being illegitimate election does not apply to him.
Naturalization
 The admission to citizenship is one f the highest privileges
that the Republic of the Philippines can confer upon an
alien.
 It is a privilege that should not be conferred except upon
persons fully qualified for it, upon strict compliance with
the law. [In re: Petition for Admission as Citizen of RP,
September 27, 2017]
 Naturalization refers to the legal act of adopting an alien
and clothing him with the privilege of a native-born citizen.
[ Republic v. Karbasi, July 29,2015]
 Naturalization signifies the act of formally adopting a
foreigner into the political body of a nation by clothing him
or her with the privileges of a citizen. [So v. Republic.
January 29,2007]
Not a right but a privilege
 Naturalization is not a right, but one of privilege of the most
discriminating, as well as delicate and exacting nature,
affecting, as it does, public interest of the highest order, and
which may be enjoyed only under the precise conditions
prescribed by law therefor. [Republic v. Karbasi]
Matter of Grace
 The opportunity of a foreigner to become a citizen by
naturalization is a mere matter of grace, favour or privilege
extended to him by the State; applicant does not possess any
natural, inherent, existing or vested right admitted to
Philippine citizenship. Republic v. Go Pei Hung, April
4,2018]
Strictly construed
 Naturalization law should be rigidly enforced and strictly
construed in favour of the government and against the
applicant. [Republic v. Kerry Lao Ong, June 18, 2012;
Republic v. Huang Te Fu, March 18, 2015]
Who has the burden of proof?
 In naturalization proceedings, the burden of proof is upon
the applicant to show full and complete compliance with the
requirements of the law. [Republic v. Li Ching Chung,
March 20, 2013]
Who are naturalized citizens?
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 “Former aliens or foreigners who had to undergo a rigid
procedure, in which they had to adduce sufficient evidence
to prove that they possessed all the qualifications and none
of the disqualifications provided by law in order to become
Filipino citizens.” [David v. SET]
MODES
 Under current and existing laws, there are three ways by
which an alien may become a citizen by naturalization:
a. Administrative naturalization pursuant to R.A No.
9139
b. Judicial naturalization pursuant to C.A No. 473 as
amended; and
c. Legislative naturalization in the form of a law enacted
by Congress bestowing Philippine citizenship to an
alien. [So v. Republic]
 Under existing laws, an alien may acquire Philippine
citizenship through either judicial naturalization under CA
473 or administrative naturalization under Republic Act No.
9139 (“Administrative Naturalization Act of 2001”).
 A third option, called derivative naturalization, which is
available to alien women married to Filipino husbands is
found under Section 15 of CA 473 [Republic v. Batuigas,
October 7, 2013]
Legislative Naturalization
 In the form of a law enacted by Congress bestowing Philippine
citizenship to an alien. [ So. V. Republic, January 29, 2007]
Derivative naturalization
 Under this provision (Sec. 15, C.A 473), foreign women who
are married to Philippine citizens may be deemed ipso facto
Philippine citizens and it is either necessary for them to prove
that they possess other qualifications for naturalization at the
time of their marriage nor do they have to submit themselves to
judicial naturalization. [Republic v. Batuigas]
 Likewise, an alien woman married to an alien who is
subsequently naturalized here follows the Philippine citizenship
of her husband the moment he takes his oath s Filipino citizen,
provided that she does not suffer from any of the
disqualifications under said Section 4. [Republic v. Batuigas].
Procedure
 The alien woman must file a petition for the cancellation of her
alien certificate of registration alleging, among other things, that
she is married to a Filipino citizen and that she is not
disqualified from acquiring her husband’s citizenship pursuant
to Section 4 of Commonwealth Act No. 473, as amended.
 Upon the filing of said petition, which should be accompanied
or supported by the joint affidavit of the petitioner and her
Filipino husband to the effect that the petitioner does not belong
to any of the groups disqualified by the cited Section from
becoming naturalized Filipino citizen. The Bureau of
Immigration conducts an investigation and thereafter
promulgates its order or decision granting or denying the
petition. [Republic v. Batuigas citing Mo Ya Lim]
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Based on the lectures of Atty. JP Asong

JUDICIAL NATURALIZATION (C.A 473)
(C.A 473)
(Revised Naturalization Law)
 Moreover, it has been held that in determining the existence of a
 Jurisprudence dictates that in judicial naturalization, the
application must show substantial and formal compliance with
the law. [Republic v. Karbasi]
 To repeat, strict compliance with all statutory requirements is
necessary before an applicant may acquire Philippine citizenship
by naturalization. The absence of even a single requirement is
fatal to an application for naturalization. [Republic v. Go Pei
Hung]
 In other words, an applicant must comply with the jurisdictional
requirements
 Establish his or her possession of the qualifications and none of
the disqualifications enumerated under the law; and
expenses as to be able to provide for an adequate support in the
event of unemployment, sickness, or disability to work and thus
avoid one’s becoming the object of charity or a public charge.”
[Republic v. Kerry Lao Ong, June 18, 2012]
lucrative income, the courts should consider only the applicant’s
income; his or her spouses income should not be included in the
assessment.
 The spouses additional income is immaterial [Republic v.
Kerry Lao Ong, June 18, 2012; Republic v. Huang Te Fu,
March 18, 2015]
The economic qualification for naturalization may be seen to
embody the objective of ensuring that the petitioner would not
become a public charge or an economic burden upon society.
 The requirement relates, in other words, not simply to the
time of execution of the petition for naturalization but also
to the probable future of the applicant for naturalization.
[Republic v, Karbasi]

 Present at least two (2) character witnesses to support his

allegations. [Republic v. Karbasi] Special Qualifications (Sec.3)
 The ten years of continuous residence required under
C.A 473 v. R.A 9139
the second condition of the last preceding section
shall be understood as reduced to five years for any
 C.A No. 473 and R.A. No. 9139 are separate and distinct laws-
petitioner having any of the following qualifications:
the former [C.A] 473 covers all aliens regardless of class while
the latter [R.A. No. 9139 ] covers native-born aliens ho lived
1. Having honourably held office uner the
here in the Philippines all their lives. [So v. Republic]
Government of the Philippines or under that of
any of the provinces, cities, municipalities, or
Qualifications (Sec.2)
political subdivisions thereof;
1. He must not be less than (18) years of age on the day of
the hearing of the petition;
2. Having established a new industry or
introduced a useful invention in the
2. He must have resided in the Philippines for a continuous
Philippines;
period of not less than ten (10) years;
3. Being married to a Filipino woman;
3. He must be of good moral character and believes in the
4. Having been engaged as a teacher in the
principles underlying the Philippine Constitution, and must
Philippines in a public or recognized private
have conducted himself in a proper and irreproachable
school not established for the exclusive
manner during the entire period of his residence in the
instruction of children of persons of a particular
Philippines in his relation with the constituted government
nationality or race, in any of the branches of
as well as with the community in which he is living.
education or industry for a period of not less
than two years;
4. He must own real estate in the Philippines worth not less
5. Having been born in the Philippines.
than five thousand (5,000) pesos, Philippine currency, or
must have some known lucrative trade, profession, or
Who are Disqualified (Sec.4 )
lawful occupation.
a. Persons opposed to organized government or affiliated
with any association or group of persons who uphold and
5. He must be able to speak and write English or Spanish and
teach doctrines opposing all organized governments;
any one of the Principal Philippine languages; and
b. Persons defending or teaching the necessity or propriety
of violence, personal assault, or assassination for the
6. He must have enrolled his minor children of school age, in
success and predominance of their ideas;
any of the public schools recognized by the Office of
Private Education [DepEd] of the Philippines, where the
Philippine history, government and civics are taught or
c. Polygamists or believers in the practice of polygamy;
prescribed part of the curriculum, during the entire period
of the residence in the Philippines required of him prior to
d. Persons convicted of crimes involving moral turpitude.
the hearing of his petition for naturalization as Philippine
citizen. [Section 2, CA 473]
e. Persons suffering from mental alienation or incurable
“some known lucrative trade, profession, or lawful
contagious disease;
occupation”
f. Persons, who during the period of their residence in the
 It must be shown that the employment gives one an income such
Philippines, have not mingled socially with the Filipinos,
that there is an appreciable margin of his income over his
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or who have not evicted a sincere desire to learn and
embrace the customs, traditions, and ideals of the
Filipinos;
g. Citizens or subjects of nations with whom the United
States and the Philippines are at war, during the period of
such war;
h. Citizens or subjects of a foreign country other than the
United States whose laws do not grant Filipinos the right
to become naturalized citizens or subjects thereof
[reciprocity].
Declaration of Intention (Sec.5)
 One year prior to the filing of his petition for
admission to Philippine citizenship, the applicant for
Philippine citizenship shall file with the Bureau of
Justice [OSG] a declaration under oath that is bona
fide his intention to become a citizen of the
Philippines.
Such declaration shall set forth [the]
a. Name, age , occupation, personal description, place of birth, last
foreign residence and allegiance, the date of arrival, the name,
the name of the vessel or aircraft in which he came to the
Philippines at the time of making the declaration;
b. A certificate showing the date, place and manner of his arrival
[Certificate of Arrival];
Certificate of Arrival
 In Republic v. Judge De la Rosa, this court held that
the failure to attach a copy of the applicant’s
certificate of arrival to the petition as required by
Section 7 CA 473 is fatal to an applicant’s petition
for naturalization.
 [It] proves that the applicant’s entry to the country
was no illegal- that he was documented alien whose
arrival and presence in the country is in good faith
and with evident intention to submit to and abide by
the laws of the [Republic. Republic v. Go Pei Hung]
c. A statement that he has enrolled his minor children. If any, in
any of the public schools or private schools recognized by the
Office of Private Education of the Philippines, now the
Department of Education, where Philippine History,
government, and civics are taught or prescribed as part of the
school curriculum, during the entire period of residence in the
Philippines required of him prior to the hearing of his petition
for naturalization as Philippine citizen; and
d. Two photographs of himself.
“One year prior to the filing of his petition”
 The period is designed to give the government ample
time to screen and examine the qualifications of an
applicant and to measure the latter’s good intention
and sincerity of purpose. [Republic v. Li Ching
Chung, March 20,2013]
 As held in Tan v. Republic, the period of one year
required therein is the time fixed for the State to
make inquiries as to the qualifications of the
applicant.
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 Is this period is not given to it, the State will have no
sufficient opportunity to investigate the
qualifications of the applicants and gather evidence
thereon. [Republic v. Li Ching Chung, March
20,2013]
 Stated otherwise, the waiting period will unmask the
true intentions of those who seek Philippine
citizenship for selfish reasons alone, such as, but not
limited to, those who are merely interested in
protecting their wealth, as distinguished from those
who have truly come to love the Philippines and its
culture and who wish to become genuine partners in
nation buildeing. [Republic v. Li Ching Chung,
March 20,2013]
 The law is explicit that the declaration of intention
must be filled one year prior to the filing of the
petition for naturalization.
 Republic v. Go Bon Lee likewise decreed that
substantial compliance with the requirement is
inadequate. [Republic v. Li Ching Chung, March
20,2013]
Persons exempt requirement to make a declaration of intention (Sec. 6)
 Person born in the Philippines and have received their primary
and secondary education in public schools or those recognized
by the Government and not limited to any race or nationality,
and
 Those who have resided continuously in the Philippines for a
period of thirty (30) years or more before filing their
application, may be naturalized without having to make a
declaration of intention upon complying with the other
requirements of this Act.
 To such requirements shall be added that which establishes that
the applicant has given primary and secondary education to all
his children in the public schools recognized by the Government
and not limited to any race or nationality.
 The same shall be understood applicable with respect to the
widow and minor children of an alien who has declared his
intention to become a citizen of the Philippines, and dies before
he is actually naturalized.
 The only exception to the mandatory filing of a declaration of
intention is specifically stated in Section 6 of CA No. 473
[Republic v. Li Ching Chung]
Petition for Citizenship (Sec. 7)
Any persons desiring to acquire Philippine citizenship shall file with the
competent court, a petition in triplicate, accompanied by two photographs
of the petitioner, settling forth his
1. Name and surname;
2. His present and former places of residence
3. His occupation
4. The place and date of his birth
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 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
5. Whether single or married and the father of children, the name,
age, birthplace, and residence of the wife and of the each of the
children;
6. The approximate date of his or her arrival in the Philippines, the
name of the port of debarkation, and if he remembers it, the
name of the ship on which he came;
7. A declaration that he has the qualifications required by this Act,
specifying the same, and that he is not disqualified for
naturalization under the provisions of this Act;
8. That he has complied with the requirements of section five of
this Act; and
9. That he will reside continuously in the Philippines from the date
of filing of the petition up to the time of his admission to
Philippine citizenship.
10. The petition must be signed by the applicant in his own
handwriting and be supported by the affidavit of at least two
credible persons, stating that they are citizens of the Philippines
and personally know the petitioner to be a resident of the
Philippines for the period of time required by this Act and a
person of good repute and morally irreproachable, and the said
petitioner has in their opinion all the qualifications necessary to
become a citizen of the Philippine and is not in any way
disqualified under the provision of this Act.
11. The petition shall set forth the names and post-office addresses
of such witnesses as the petitioner may desire to introduce at the
hearing of the case.
12. The certificate of arrival, and the declaration of intention must
be made part of the petition.
Credible Persons
 In naturalization proceedings, it is the burden of the applicant to
prove not only his own good moral character but also the good
moral character of his or her witnesses, who must be credible
persons. [So v. Republic]
Character Witnesses
In Ong v. Republic of the Philippines (1958), the Court listed the
requirements for character witnesses, namely:
1. That they are citizen of the Philippines;
2. That they are “credible persons”,
3. That they personally know the petitioner;
4. That they personally know him to be a resident of the
Philippines for the period of time required by law;
5. That they personally know him to be a person of good repute;
6. That they personally know him to be morally irreproachable;
7. That he has, in their opinion all the qualifications necessary to
become a citizen of the Philippines; and
8. That he “is not in any way disqualified under the provisions” of
the Naturalization Law.
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 The law, in effect, requires that the character witnesses be not
mere ordinary acquaintances of the applicant, but possessed of
such intimate knowledge of the latter as to be competent to
testify of their personal knowledge; and that they have each one
of the requisite qualifications and none of the statutory
disqualifications. [Go v. Republic, July 2, 2014]
 What must be credible is not the declaration made but the
person making it.
 This implies that such person must have a good standing in the
community; that he is known to be honest and upright; that he is
reputed to be trustworthy and reliable; and that his word may be
taken on its face value, as a good warranty of the applicant’s
worthiness. [So v. Republic]
Competent Court (Sec.8)
The Court of First Instance [RTC] of the province in which the petitioner
has resided at least one year immediately preceding the filing of the petition
shall have exclusive original jurisdiction to have hear the petition.
Publication
 Sec. 9. Notification and appearance Immediately upon the filing
of a petition, it shall be the duty of the clerk of the court to
publish the same at the petitioner’s expense, once a week for
three consecutive weeks, in the Official Gazette, and in one of
the newspapers of general circulation in the province where the
petitioner resides, and to have copies of said petition and a
general notice of the hearing posted in a public and conspicuous
place in his office or in the building where said office is located.
 Setting forth in such notice
 The name, the birthplace and residence of the petitioner, the date
and place of his arrival in the Philippines,
 The names of the witnesses whom the petitioner proposes to
introduce in support of his petition, and
 The date of hearing of the petition, which hearing shall not be
held until after six months from the date of the last publication
of the notice.
Publication requisites
 To be a valid publication, the following requisites must concur:
a. The petition and notice of hearing must be published;
b. The publication must be once a week for three consecutive
weeks; and
c. The publication must be in the Official Gazette and in a
newspaper of general circulation in the province where the
applicant resides. [Republic v. Hong, March 24, 2006]
Publication requirement
 Publication of the petition for naturalization is the primordial
step in naturalization proceedings.
 Its purpose is to apprise the public of the pendency of the
petition so that those who may know of any legal objection to it
may come forward with the information in order to determine
the fitness of petitioner for Philippine citizenship.
[ In Re: Petition for Admission as Citizen of the Republic of the
Philippines, Annie, Hoy Bian So v. Republic, September 27,
2017]
Non-compliance with Sec. 9 fatal
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 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
o In Gan Tsitung v. Republic (1965), the Court held that non-
compliance with Section 9 of CA 473, relative to the publication
of the notice once a week for three consecutive weeks is fatal for
it impairs the very root or foundation of the authority to decide
the case, regardless of whether the one to blame is the clerk of
court or the petitioner or his counsel. [Republic v. Hong, March
24,2006]
 This doctrine equally applies to the determination of the
sufficiency of the contents of the notice of hearing or the
petition itself because an incomplete notice or petition even if
published, is no publication at all.
 Thus, in Sy v. Republic, it was held that the requirement under
Section 9 that the copy of the petition to be posted and published
should be a textual or verbatim restatement of the petition filed,
is jurisdictional, [Republic v. Hong. March 24, 2006]
Failure to state Detail Fatal
 In the same vein, the failure to state all the required details in the
notice of hearing, like the name of applicant’s witnesses
constitutes a fatal defect.
 The publication of the affidavit of said witnesses did not cure
the omission of their names in the notice of hearing. [Republic
v. Hong, March 24, 2006]
Decision Executory after 2 years
 [No] petition for Philippine citizenship shall be heard by the
courts until after six (6) months from the publication of the
application required by law, nor shall any decision granting the
application become executory until after two (2) years from its
promulgation and after the court, on proper hearing, with the
attendance of the Solicitor General or his representative,
 Satisfied and so finds, that during the intervening time the
applicant has
1. Not left the Philippines
2. Has dedicated himself continuously to a lawful calling or
profession,
3. Has not been convicted of any offense or violation of
Government promulgated rules,
4. Or committed any act prejudicial to the interest of the
nation or contrary to any Government announced policies.
[Sec. 1, RA 530]
 After the finding mentioned in section I RA
530, the order of the court granting citizenship
shall be registered and the oath provided by
existing laws shall be taken by the applicant,
whereupon, and not before, he will be entitled
to all the privileges of a Filipino citizen.
[Section 2, R.A. 530]
Effect of the Naturalization on Wife and Children (Sec. 15)
 Any woman who is now or may hereafter be
married to a citizen of the Philippines, and who
might herself be lawfully naturalized shall be
deemed a citizen of the Philippines.
 Minor children of persons naturalized under
this law who have been born in the Philippines
shall be considered citizens thereof.
 A foreign-born minor child, if dwelling in the
Philippines at the time of the naturalization of
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the parent, shall automatically become a
Philippine citizen, and
 A foreign-born minor child, who is not in the
Philippines at the time the parent is naturalized,
shall be deemed a Philippine citizen only
during his minority, unless he begins to reside
permanently in the Philippines when still a
minor, in which case, he will continue to be a
Philippine citizen even after becoming of age.
 A child born outside of the Philippines after the
neutralization of his parent, shall be considered
a Philippine citizen, unless within one year
after reaching the age of majority, he fails to
register himself as a Philippine citizen at the
[American Consulate] of the country where he
resides, and to take the necessary oath of
allegiance.
A necessary implication of the above provision is that children born within
the Philippines after the naturalization of their parent are unqualifiedly
citizens of the country. This implications holds true even if the naturalized
parent is purely of foreign blood.
Moreover, because of they do not need to perform any act to acquire
Philippine citizenship, they must be considered natural-born citizen be
definition. [CJ Sereno, Concurring Opinion, Poe-Llamanzares v.
COMELEC]
 Like foundlings, these groups are not expressly mentioned in the
Constitution. However, by implication of law, they are
considered natural-born citizens despite the absence of a single
drop of Filipino blood in them.
From this fact, one can draw no other conclusion: that the natural-born
classification has nothing to do with bloodline or birthright. [CJ Sereno,
Concurring Opinion, Poe-Llamanzares v. COMELEC]
Cancellation OF Naturalization Certificate Issued (Sec. 18)
 Upon motion made in the proper proceedings by the Solicitor-
General or his representative, or by the proper provincial fiscal,
the competent judge may cancel the naturalization certificate
issued and its registration in the Civil Registrar.
1. If it is shown that said naturalization certificate was
obtained fraudulently or illegally.
2. If the person naturalized shall, within five (5) years next
following the issuance of said naturalization certificate,
return to his native country or to some foreign country and
establish his permanent residence there:
Provided: that the fact of the person naturalized remaining
for more than one year in his native country or the country
of his former nationality, or two years in any other foreign
country, shall be considered as prima facie evidence of his
intention of taking up his permanent residence in the same;
3. If the petition on an invalid declaration of intention;
4. If it is shown that minor children of the person naturalized
failed to graduate from a public or private high schools
recognized by the Office of Private Education of the
Philippines, where Philippine history, government, and
civics are taught as part of the school curriculum, through
the fault of their parents either by neglecting to support
them or by transferring them to another school or schools.
A certified copy of the decree cancelling the naturalization
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 CONSTITUTIONAL LAW 1
Based on the lectures of Atty. JP Asong
certificate shall be forwarded by the clerk of the Court to
the Department of the Interior and the Bureau of Justice.
5. If it is shown that the naturalized citizen has allowed
himself to be used as a dummy requiring Philippine
citizenship as a requisite for the exercise, use or enjoyment
of a right, franchise or privilege.
2011 Bar
Filipino citizenship may be acquired through judicial naturalization only by
an alien
a. Born, raised, and educated in the Philippines who has all the
qualifications and none of the disqualifications to become a
Filipino citizen.
b. Who has all the qualifications and none of the disqualifications
to become to become a Filipino citizen.
c. Born and raised in the Philippines who has all the qualifications
and none of the disqualifications to become a Filipino citizen.
d. Whose mother or father is a naturalized Filipino and who
himself is qualified to be naturalized.
Administrative Naturalization
R.A. 9139
Remedial measure
R.A. 9139 (The Administrative Naturalization Law of 2000)
was enacted as a remedial measure intended to make the process
of acquiring Philippine citizenship less tedious, less technical
and more encouraging.
It likewise addresses the concerns of degree holders who, by
reason of lack citizenship requirement, cannot practice their
profession, thus promoting “brain gain” for the Philippines [So
v. Republic]
For native-born aliens
(R.A. 9139) covers native-born aliens who lived here in the
Philippines all their lives, who never saw any other country and
all along thought that they were Filipinos; who have
demonstrated love and loyalty to the Philippines and affinity to
the customs and traditions. [So v. Republic]
It must be stressed that R.A. No. 9139 applies only to aliens
who were born in the Philippines and have been residing here.
One of the qualifications set forth in R.A No. 9139 is that the
applicant was born in the Philippines and should have been
residing herein since birth. Thus, one who was born here but left
the country, though resided for more than ten (10) years from
the filing of the application is also disqualified. [So v. Republic]
What the legislature had in mind was merely to prescribe
another mode of acquiring Philippine citizenship which may be
availed of by native born aliens.
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The only implication is that, a native born alien has the choice to
apply for judicial or administrative naturalization, subject to the
prescribed qualifications and disqualifications. [So v. Republic]
Who has jurisdiction?
The special Committee on Naturalization with
1. The Solicitor-General as chairman
2. The Secretary of Foreign Affairs, or his
representative, and
3. The National Security Adviser, as members,
4. With the power to approve, deny or reject
applications for naturalization a provided in this Act.
[Sec.6]
Qualifications (Sec.3)
a) The applicant must be born in the Philippines and residing
therein since birth;
b) The applicant must not less than eighteen (18) years of age, at
the time of filing of his or her petition;
c) The applicant must be of good moral character and believes in
the underlying principles of the Constitution, and must have
conducted himself/herself in a proper and irreproachable manner
during his/her entire period or residence in the Philippines in his
relation with the duty constituted government as well as with the
community in which he/she is living;
d) The applicant must have received his/her primary and secondary
education in any public or private educational institution dully
recognized by the Department of Education, Culture and Sports
(DepEd), where Philippine history, government and civics are
taught and prescribed as part of the school curriculum and where
enrolment is not limited to any race or nationality;
Provided that, should he/she have minor children of
school age, he/she must have enrolled them in
similar schools;
e. The applicant must have a known trade, business, profession or
lawful occupation, from which he/she derives income sufficient
for his/her support and if he/she is married and/or has
dependents, also that of his/her family:
Provided, however, that this shall not apply to
applicants who are college degree holders but are
unable to practice their profession because they are
disqualified to do so by reason of their citizenship;
f. The applicant must be able to read, write and speak Filipino or
any of the dialects of the Philippines; and
g. The applicant must have mingled with the Filipinos and evinced
a sincere desire to learn and embrace the customs, traditions and
ideals of the Filipino people.
Disqualifications (Sec.4)
a) Persons opposed to organized government or affiliated
with any association or group of persons who uphold and
teach doctrines opposing all organized governments;
b) Persons defending or teaching the necessity or propriety
of violence, personal assault, or assassination for the
success and predominance of their ideas;
c) Polygamists or believers in the practice of polygamy;
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d) Those convicted of crimes involving moral turpitude.
e) Those suffering from mental alienation or incurable
contagious disease;
f) Persons, who during the period of their residence in the
Philippines, have not mingled socially with the Filipinos,
or who have not evicted a sincere desire to learn and
embrace the customs, traditions, and ideals of the
Filipinos; and
g) Citizens or subjects of a foreign country whose laws do
not grant Filipinos the right to be naturalized citizens or
subjects thereof [reciprocity].
Petition for Citizenship (Sec. 9)
1. Any person desiring to acquire Philippine citizenship under this
Act shall file the Special Committee on Naturalization created
under Section 6 hereof, a petition of five (5) copies legibly typed
and signed, thumbmarked and verified by him/her, with the
latter’s passport-sized photograph attached to each copy of the
petition, and setting fort the following:
a. The petitioner’s Name and surname, and any other name
he/she has used or by which he/she is known;
b. The petitioner’s present and former places of residence;
c. The petitioner’s place and date of birth, the names,
citizenship of his/her parents and their residences;
d. That petitioner’s trade, business, profession or occupation,
and if married, also that of his/her spouse;
e. Whether the petitioner is single or married or his/her
marriage is annulled. If married, petitioner shall state the
date and place of his/her marriage, and the name, date of
birth, birthplace, citizenship and residence of his/her
spouse; and if his marriage is annulled, the date of decree
of annulment of marriage and the court which granted the
same;
Determination of Sufficiency of Petition
Within fifteen (15) days from the receipt of the
petition, the Committee shall determine whether the
petition is complete in form and in substance.
If such petition is complete, the Committee shall
immediately publish pertinent portions of the petition
indicating the name, qualifications and other
personal circumstances of the applicant, once a week
for three (3) consecutive weeks in a newspaper of
general circulation, and have copies of the petition
posted in any public or conspicuous area.
The Committee shall immediately furnish the
Department of Foreign Affairs (DFA), the Bureau of
Immigration (BI), the civil registrar of the
petitioner’s place of residence and the National
Bureau of Investigation (NBI) copies the petition and
its supporting documents. These agencies shall have
copies of the petition posted in any public or
conspicuous area in their buildings, offices and
premises, and shall, within thirty (30) days from the
receipt of the petition, submit to the Committee a
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report stating whether or not petitioner has any
derogatory record on file or any such relevant and
material information which might be adverse to
petitioner’s application for citizenship.
If petition is wanting
If the petition is found by the Committee to be wanting in substance and
form, the petition shall be dismissed without prejudice. [Sec. 7]
Approval or Disapproval of the Petition (Sec.8)
Within sixty (60) days from receipt of the report of the agencies
which were furnished a copy of the petition or the date of the
last publication of the petition, whichever comes in late, the
Committee shall consider and review all relevant and material
information it has received pertaining to the petition and, may,
for the purpose call the petitioner for interview to ascertain
his/her identity, the authenticity of the petition and it annexes,
and to determine the truthfulness of the statements and
declarations made in the petition and its annexes.
If the Committee shall have received any information adverse to
the petition, the Committee shall allow the petitioner to answer,
explain or refute the information.
Thereafter, if the Committee believes, in view of the facts before
it, that the petitioner has all the qualifications and none of the
disqualifications required for the Philippine citizenship under
this Act, it shall approve the petition and henceforth, notify the
petitioner of the fact of such approval. Otherwise, the
Committee shall disapprove the same.
Decree of Naturalization and Naturalization Processing Fee
(Sec.9)
Within thirty (30) days from the receipt of the notice of the
approval of his/her petition, the applicant shall pay to the
Committee a naturalization fee of one hundred thousand pesos
(P100,000) payable as follows: fifty thousand pesos (P50,000)
upon taking the oath of allegiance to the Republic of the
Philippines, forthwith, a certificate of naturalization shall be
issued.
Within sixty (60) days from the issuance of the certificate, the
petitioner shall take an oath of allegiance in the proper form
upon proof of payment of the required naturalization processing
fee and certificate of naturalization.
Should the applicant fail to take abovementioned oath of
allegiance within said period of time, the approval of the
petition shall be deemed abandoned.
Status of Alien Wife and Minor Children (Sec. 11)
After the approval of the petition from administrative
naturalization and cancellation of applicant’s alien certificate of
registration, applicant’s alien lawful wife and minor children
may file a petition for cancellation of their alien certificates of
registration with the Committee subject to the payment.
Status of Alien Husband and Minor Children (Sec. 12)
If the applicant is a married woman, the approval of her petition
for administrative naturalization will not benefit her alien
husband but her minor children may file a petition for
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cancellation of their certificates of registration with the BI checking of the petitioner would be follow. The petition is also raffled and
subject to the requirements of existing laws. assigned to an accredited newspaper publishing company for publication
(note: it is the petitioner who will directly coordinates with the newspaper
Cancellation of the Certificate of Naturalization (Sec. 13) company.)

a. If it finds that the naturalized person or his duly authorized
representative made any false statement or
misinterpretation or committed any violation of law, rules
and regulations in connection with the petition for
naturalization, or if he otherwise obtains Philippine
citizenship fraudulently or illegally, the certificate of
naturalization shall be cancelled.
b. If the naturalized person or his wife, or any of his minor
children who acquire Filipino citizenship by virtue of his
naturalization shall within five (5) years next following the
grant of Philippine citizenship, establish permanent
residence in a foreign country, that individual’s certificate
of naturalization or acquired citizenship shall be cancelled
or revoked:
Provided, that the fact of such person’s remaining for more
than 1 year in his country of origin, or two (2) years in any
foreign country, shall be considered prima facie evidence
of intent to permanently reside therein;
c. If the naturalized person or his wife or child with acquire
citizenship allows himself or herself to be used as a
dummy in violation of any constitutional or legal provision
requiring Philippine citizenship as a condition for the
exercise , use or enjoyment of right, franchise or privilege,
the certificate of naturalization or acquired citizenship
shall be cancelled or revoked; and
Step 10: Waiting time for the said government agencies to submit their
reports regarding the petition, including the Affidavit of Publication of the
newspaper company.
Step 11: Evaluation time by the NRO if the reports received from various
government agencies about the petitioner.
Step 12: Submission by the petitioner of additional
requirements/documents, if required by the NRO/ SCN Committee.
Step 13: After all reports have been collated, the petitioner is scheduled for
a written exam and interview, including his/her character witnesses (note:
the character witnesses will be interviewed by the NRO and may be
required to answer a questionnaire about petitioner.)
Step 14: Submission by the petitioner of additional requirements/
documents, if required by the NRO/SRN Committee.
Step 15: The NRO will prepare an Evaluation Report and forward the
same to the SCN Committee for deliberation.
Step 16: Submission by the petitioner of additional
requirements/documents, required by the SCN Committee.
Step 17: After the deliberation, all petitioners whose petitions for
administrative naturalization were approved by the SCN Committee would
attend the oath-taking ceremonies.
Step 18: Cancellation of the petitioner’s ACR/I-Card with the Bureau of
Immigration.

d. If the naturalized person or his wife or child with acquire

citizenship commits any act inimical to national security,
the certificate of naturalization or acquired citizenship
shall be cancelled or revoked.

Administrative Naturalization Process

Step 1: Acquiring and Filling-up Petition/ Application Form (with list of

requirements).

Step 2: Pre-evaluation of petition and the documentary requirements.

Step 3: Filling of the Petition for Naturalization (Note: Petitioner

[applicant] must be present during the filing as his/her picture will be
taken).

Step 4: Assignment (by raffle) of the petition to the NRO (Naturalization

Review Officer) who is an Office of the Solicitor General (OSG) lawyer.

Step 5: evaluation proper by the NRO.

Step 6: Submission by the petitioner of additional requirements/ Judicial (CA 473) Administrative
documents, if required by NRO/Special Committee on Naturalization (SCN (R.A. 9139)
Committee). Not less than 21(now Not less than 18 years
18 under R.A 6809) of age, at the TIME
Step 7: Evaluation by the NRO of the additional requirements/ documents, years of age at the of FILING of the
submitted by the petitioner. DATE of HEARING petition.
AGE of the petition
Step 8: Submission by the petitioner of additional requirements/documents,
if required by the NRO/ Special Committee on Naturalization (SCN
Committee), if the additional requirements/ documents which had just been
submitted are still insufficient/ not compliant with the additional documents
required to be submitted.

Step 9: After all requirements/documents have been strictly complied with

and submitted by petitioner, the dispatching/ transmittal of copies of the
Continuous residence Born in RP and
petition to other government agencies for posting, background and record
RESIDENCY in RP of not less than residing in RP since
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10 years birth On the other hand, if he was originally a natural-born citizen
1.Good moral 1.Good moral before he lost his Philippine citizenship, he will be restored to
character character his former status as a natural-born Filipino. [Bengson v. HRET,
2.Believes in the 2.Believes in the May 7, 2001]
CHARACTER principles of the principles of the
Constitution Constitution Oath+Registration
1.Must own real Must have a known
estate in RP worth trade, business,
As distinguished from the lengthy process of naturalization,
P5, 000.00 or profession or lawful
2.Must have some occupation from repatriation simply consists of the taking of an oath of allegiance
PROPERTY/ lucrative trade, which he derives to the Republic of the Philippines and registering said oath in
PROFESSION profession or lawful income sufficient to the Local Civil Registry of the place where the person
occupation support his family concerned resides or last resided [and in BOI under R.A. 8171].
His minor children Must have received [Bengson v. HRET]
must be enrolled in a his primary and
school where PH secondary education Marriage to an Alien Spouse
history, civics and from DECS
government are recognized school RP Sec. 4. Citizens of the Philippines who marry aliens shall retain
taught and prescribed history, civics and their citizenship, unless by their act or omission they are
as part of the government are deemed, under the law, to have renounced it.
curriculum taught and prescribed
s part of the
EDUCATION curriculum and his The 1987 Constitution makes no reference to sex thus making
minor children must the rule applicable to both males and females
be enrolled in similar
schools The provision is prospective. It does not restore citizenship
Must be able to Must be able to read, already lost by marriage under the old law [See Sec. 1(7), C. A.
speak and write write, and speak 63- In the case of a woman, upon her marriage to a foreigner if,
1.English or Spanish 1.Filipino by virtue of the law in force in her husband’s country, she
LANGUAGE 2. Any principal PH 2. any PH dialect acquires his nationality. [Bernas]
language
Must have mingled Dual Allegiance
with Filipinos and
evinced desire to Section 5. Dual allegiance of citizens is inimical to the national
learn and embrace
interest and shall be dealt with by law.
OTHERS customs and
traditions of
Filipinos. Not-self executing
Section 5, Article IV of the Constitution is a declaration of a
policy and is not a self-executing provision. [AASJS v.
Datumanong, May 11, 2007]

Congress was given a mandate to draft a law that would set

specific parameters of what really constitutes dual allegiance

Loss and re-acquisition of citizenship Until this is done, it would be premature for the judicial
department, including this Court, to rule on issues pertaining to
Sec. 3 Philippine citizenship may be lost or re-acquired by law. dual allegiance. [AASJS v. Datumanong]

Loss of citizenship-laws

C.A 473 (Sec.18) For naturalized citizens

R.A. 9139 (Sec. 13)
Clearly, including Section 5 in Article 4 on citizenship, the
concern of the Constitutional Commission was not with dual
Re-acquisition of Citizenship-laws citizens per se not with naturalized citizens who maintain their
allegiance to their countries of origin even after their
R.A 9225 (Citizenship Retention and Re-acquisition Act of naturalization. [Mercado v. Manzano, May 26,1999]
2003) signed into law on August 29, 2003; effective September
17, 2003 Dual Citizenship v. Dual Allegiance

R.A. 8171 (An act providing for Repatriation of Filipino women
who have Lost their Philippine citizenship by marriage to Aliens
and Natural-born Filipinos) enacted on October 23, 1995.
Repatriation
Repatriation results in the recovery of the original nationality.
This means that a naturalized Filipino who lost his citizenship
will be restored to his prior status as a naturalized Filipino
citizen.
Dual citizenship arises when as a result of the concurrent
application of the different laws of two or more states, a person
is simultaneously considered a national by the said states.
[Mercado v. Manzano]
For instance, such a situation may arise when a person whose
parents are citizens of a state which adheres to the principle of
jus sanguinis is born in a state which follows the doctrine of jus
soli.

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Such person, ipso facto and without any voluntary act on his R.A. No. 9225 made natural-born Filipino’s status permanent
part, is concurrently considered a citizen of both states. and immutable despite naturalization as citizens of other
countries. [David v. SET]

Possible scenarios of dual citizenship No Retroactive effect

Considering the citizenship clause (Art. IV) of our Constitution,
it is possible for the following classes of citizens of the
Philippines to possess dual citizenship.
1. Those born of Filipino fathers and/or mothers in foreign countries which
follow the principle of jus soli.
R.A. No. 9225 contains no provision stating that it may be
applied retroactively as regards natural-born citizens who
became naturalized-born citizens who became naturalized
citizens of a foreign country prior to the effectivity of the said
law. [Tan v. Crisologo, November 8, 2017]

2. Those born in the Philippines of Filipino mothers and alien fathers if by

Moreover, to consider that the reacquisition of Philippine
the laws of their father’s country;
citizenship retroacts to the date it was lost would result in an
3.Those who marry aliens if by the laws of the latter’s country the former absurd scenario where a Filipino would still be considered a
are considered citizens, unless by their act or omission they are deemed to Philippine citizen when in fact he had already renounced his
have renounced Philippine citizenship. [Mercado v. Manzano; Cordora v. citizenship. [Tan v. Crisologo]
COMELEC , February 19, 2009]
In fact, correlating Sections 2 and 3 of the law would readily
Dual Allegiance reveal that only those falling under the second paragraph of R.A
No. 9225, ie., natural-born citizens who became naturalized
Dual allegiance, on the other hand refers to the situation in citizens of a foreign country after the effectivity of the said law,
which a person simultaneously owes, by some positive act, shall be considered as to not have lost their Philippine
loyalty to two or more states. While dual citizenship is citizenship. [Tan v. Crisologo]
involuntary, dual allegiance is the result of an individual’s
volition. [Mercado v. Manzano] Section 3. Retention of Philippine Citizenship- any provision
of law to te contrary withstanding, natural-born citizens by
2012 Bar reason of their naturalization as citizens of a foreign country are
hereby deemed to have re-acquired Philippine citizenship upon
Dual allegiance by citizen is:
taking the following oath of allegiance to the Republic.
a. Inimical to the national interest and is therefore proscribed by
law; “I, (name), solemnly swear that I renounce absolutely and
b. Inimical to the national interest and is therefore prescribed by forever all allegiance and fidelity to any foreign prince,
law. potentate, state or sovereignty, and particularly to the (country
c. Inimical to the national interest and is therefore shall be dealt of citizenship), of which at this time I am a subject or citizen;
with by law. that I will support and defend the Constitution of the
d. Inimical to the national interest and is therefore outside of Philippines  and that I will obey the laws, legal orders and
coverage of law. decrees promulgated by the duly constituted authorities of
the Commonwealth of the Philippines; and I hereby declare that
I recognize and accept the supreme authority of the United
States of America in the Philippines and will maintain true faith
R.A. 9225: Citizenship Retention and Re-acquisition Act and allegiance thereto; and that I impose this obligation upon
myself voluntarily without mental reservation or purpose of
Sec. 2. Declaration of Policy. It is hereby declared the policy of evasion.“
the State that all Philippine citizens of another country shall be
deemed not to have lost their Philippine citizenship under the Natural-born citizens of the Philippines who, after the effectivity
conditions of this Act. of this Act, become citizens of a foreign country shall retain
their Philippine citizenship upon taking the aforesaid oath.
R.A. No. 9225 is a statute and has been described as such in
several cases. Before and after effectivity

They include Sobejana-Condon v. COMELEC where we
described it as an “abbreviated repatriation” process that restores
one’s Filipino citizenship.[Poe-Llamanzares v. COMELEC,
March 8,2016]
NATURAL-BORN Filipinos naturalized in foreign countries after R.A
General Policy
While Section 2 declares the general policy that Filipinos who
have become citizens of another country shall be deemed “not to
have lost their Philippine citizenship,” such is qualified by the
phrase “under the conditions if this Act. [David v. Agbay,
March 18, 2005]
Note: the law thus makes a distinction between those natural-
born Filipinos who became foreign citizens before and after the
effectivity of R.A 9225. [David v. Agbay]
9225
Natural-born Philippine citizens who, after Republic Act 9225
took effect, are naturalized in foreign countries “retain” that is,
keep their Philippine citizenship, although the effectivity of this
retention and the ability to exercise the rights and capacities
attendant to this status are subject to certain solemnities (i.e.,
oath of allegiance and other requirements for specific rights
and/or acts, as enumerated in Section 5). [David v. SET]

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NATURAL-BORN Filipinos naturalized in foreign countries before
R.A 9225
Those who became citizens of another country before the
effectivity of Republic Act No. 9225 “reacquire” their
Philippine citizenship and may exercise attendant rights and
capacities, also upon compliance with certain solemnities.
[David v. SET]
Oath required for both
The taking of oath of allegiance is required for both categories
of natural-born Filipino citizens who became citizens of a
foreign country, but the terminology used is different, “re-
acquired” for the first group, and retain for the second group. .
[David v. Agbay]
Derivative Citizenship
Section 4. Derivative Citizenship. The unmarried child,
whether legitimate, illegitimate or adopted, below 18 years of
age, those who re-acquire Philippine citizenship upon effectivity
of this Act shall be deemed citizens of the Philippines.
Section 5. Civil and Political Rights and Liabilities. Those
who retain or re-acquire Philippine citizenship under this Act
shall enjoy full civil and political rights and subject to all
attendant liabilities and responsibilities under existing laws of
the Philippines and the following conditions:
1) Those intending to exercise their right of suffrage
must meet the requirements under Sec 1, Article V of
the Constitution, Republic Act No. 9189, otherwise
known “ The Overseas Absentee Voting Act of
2003” and other existing laws;
Note: R.A 9225, in implicit acknowledgement that
“duals” are most likely non-residents, grants under
its Section 5(1) the same right of suffrage as that
granted an absentee voter under R.A. 9189.
[Nicolas-Lewis v. COMELEC, August 4, 2006]
Since a natural-born Filipino may hold, at the same time, both
Philippine and foreign citizenship, he may establish residence
either in the Philippines or in the foreign country of which he is
also a citizen.
However, when a natural-born Filipino with dual-citizenship
seeks for an elective public office, residency in the Philippines
becomes material. [Caballero v. COMELEC, September 22,
2015]
Requirements for Elective Officials
Section 5 (2). Those seeking elective public office in the Philippines shall
1) Meet the qualification for holding such public office as required
by the Constitution and existing laws and,
2) At the time of filing of the certificate of candidacy, make a
personal and sworn renunciation and any and all foreign
citizenship before any public officer authorized to administer an
oath;
3) Breaking down, the afore-quoted provision, for a natural born
Filipino, who reacquired or retained hi Philippine citizenship
under Republic Act No. 9225, to run for public office, he must:
1.meet the qualifications for holding such public office as
required by the Constitution and existing laws; and
2. make a personal and sworn renunciation of any and all
foreign citizenships before any public officer authorized to
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administer an oath. [De Guzman v. COMELEC, June 19, 2009
citing Japzon v. COMELEC]
Twin Requirements
In Japzon v. COMELEC, court held that Section 5(2)
of R.A. No. 9225 requires the twin requirements of
swearing to an Oath of Allegiance and executing a
Renunciation of Foreign Citizenship [De Guzman v.
COMELEC]
Requirements
First, taking the oath of allegiance to the Republic.
This effects the retention or reacquisition of one’s
status as a natural-born Filipino.
This also enables the enjoyment of full civil and political rights,
subject to all attendant liabilities and responsibilities under
existing laws, provided the solemnities recited in Section 5 of
Republic Act No. 9225 are satisfied. [David v. SET]
Second, compliance with Article V, Section 1 of the 1987
Constitution, Republic act 9189, otherwise known as the
Overseas Absentee Voting Act of 2003, and other existing laws.
This is also to facilitate the exercise of the right of suffrage; that
is, to allow for voting in elections. [David v. SET]
Third, “making a personal and sworn renunciation of any all
foreign citizenship before any public officer authorized to
administer oath.”
This, along with satisfying the other qualification requirements
under relevant laws, makes one eligible for elective public
office. [David v. SET]
As explained in Cobejana-Condon v. Commission on Elections,
this required, sworn renunciation is intended to complement
Article XI, Section 18 of the Constitution in that “public officers
and employees owe the State and this Constitution allegiance at
all times and public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law.” [David v.
SET]
Oath in COC – Renunciation
The oath of allegiance contained in the Certificate of Candidacy,
which is substantially similar to the one contained in Section 3of
Republic Act No. 9225, does not constitute the personal and
sworn renunciation sought under Section 5 (2) of Republic Act
No. 9225. [De Guzman v. COMELEC; Jacot v. DAL]
Use of foreign passport after renunciation
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 [Maquiling v. COMELEC, April 16,
2013]
The ruling in Maquiling is indeed novel in the sense that it was
the first case dealing with the effect of the use of a foreign
passport on the qualification to run for public office of a natural-
born Filipino citizen who was naturalized abroad and
subsequently availed of the privileges under R.A 9225.
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It was settled in that case that the use of a foreign passport
amounts to repudiation or recantation of the oath of
renunciation. [Arnado v. COMELEC]
Requirements for Appointive officials
Sec. 5(3). Those appointed to any public office shall subscribe and
swear to an oath of allegiance to the Republic of the Philippines and
its duly constituted authorities prior to their assumption of office.
Provided, that they renounce their oath of allegiance to the
country where they took that oath.
Professionals intending to practice in the Philippines
Sec. 5(4). Those intending to practice their profession in the Philippines
shall apply with the proper authority for a license or permit to engage in
such practice; and
For Filipino lawyers
Since Filipino citizenship is a requirement for admission to the
bar, loss thereof terminates membership in the Philippine bar
and, consequently the privilege to engage in the practice of law.
In other words, the loss of Filipino citizenship ipso jure
terminates the privilege to practice law in the Philippines.
[Petition for Leave]
Not automatic
Filipino lawyer who becomes a citizen of another country and
later re-acquires his Philippine citizenship under R.A No. 9225,
remains to be a member of the Philippine Bar. [in re: Petition to
Re-acquire the Privilege to Practice Law in the Philippines,
B.M. No. 2112 July 24, 2012]
Although he is also deemed never to have terminated his
membership in the Philippine bar, no automatic right to resume
law practice accrues. [Petition for Leave to Resume Practice of
Law, Benjamin Dacanay]
Before a lawyer who reacquires Filipino citizenship pursuant to
RA 9225 can resume his law practice, he must first secure this
Court the authority to do so, conditioned on:
a. The updating and payment in full of the annual
membership dues in the IBP;
b. The payment of professional tax;
c. The completion of at least 36 credit hours of mandatory
continuing legal education; this is specially significant to
refresh the applicant/ petitioner’s knowledge of Philippine
laws and update him of legal developments and
d. The retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines.
Compliance with these conditions will restore his good standing as a
member of the Philippine bar[Petition for Leave, December 17, 2007]
When not exercised
Sec. 5 (5). The right to vote or be elected or appointed to any public office
in the Philippines cannot be exercised by, or extended, those who:
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a. Are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
b. Are in active service as commissioned or non-commissioned
officers in the armed forces of the country which they are
naturalized citizens.
SUFFRAGE (Art. V)
Article V. Section 1
Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year, and in the place
wherein they propose to vote, for at least six months immediately preceding
the election. No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
Not Absolute
To be sure, the right of suffrage is not at all absolute.
Needless, to say, the exercise of the right to suffrage,
as in the enjoyment of all other rights, is subject to
existing substantive and procedural requirements
embodied in our Constitution, statute books and
other repositories of law. [AKBAYAN v. COMELEC,
March 26, 2001]
Registration- indispensable precondition
[A ] citizen in order to be qualified to exercise his right to vote,
in addition to the minimum requirements set by fundamental
charter, is obliged by law to register, at present, under the
provisions of Republic Act No. 8189, otherwise known as the
Voter’s Registration Act of 1996.” [AKBAYAN v. COMELEC]
RESIDENCY
SECTION 1 prescribes residency requirement as a general
eligibility factor for the right to vote. [Nicolas-Lewis v.
COMELEC, August 4, 2006]
Dissecting the provision, one must meet the following
qualification in order to exercise the right of suffrage:
o First he must be a Filipino citizen;
o Second, he must not be disqualified by law; and
o Third, he must have resided in the Philippines for at least one
(1) year and in the place wherein he proposes to vote for at least
six (6) months immediately preceding the election.
[KABATAAN v. COMELEC, December 16, 2015]
Franchised nature
The second item more prominently reflects the franchised nature
of the right of suffrage.
The state may therefore regulate said right by imposing statutory
disqualifications, with the restriction, however, that the same do
not amount to, as per the second sentence of the provision, a
“literacy property or other substantive requirement.”
Based on its genesis, it may be gleaned that the limitation is
geared towards the elimination of irrelevant standards that are
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purely based on socio-economic considerations that have no
bearing on the right of a citizen to intelligently cast his vote and
to further the public good. [KABATAAN v. COMELEC]
Section 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of
the ballot.
Section 2 authorizes Congress to devise a system wherein
an absentee may vote, implying that a non-resident may, as
an exception to the residency prescription in the preceding
section (Section 1), be allowed to vote. [Nicolas-Lewis v.
COMELEC]
Considering the unison intent of the Constitution and R.A.
9189 and the expansion of the scope of that law with the
passage of R.A. 9225 the irresistible conclusion is that
“duals” may now exercise the right of suffrage thru the
absentee voting scheme and as overseas absentee voters.
[Nicolas-Lewis v. COMELEC]
The power to make laws- legislative power-is vested in
Congress.
Congress may not escape its duties and responsibilities by
delegating that power to any other body or authority.
Any attempt to abdicate the power is unconstitutional and void,
on the principle that “delegate potesta non potest delegari: -
“delegated power may not be delegated.” [Acosta v, Ochoa,
Ochoa 15, 2019; Chavez v. Romulo, June 9, 2004]
Section 1. The legislative power shall be vested in the Congress
of the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by
the provision on initiative and referendum. [Art. VI]
Bicameralism
The Philippines adheres to a bicameral form of Congress.
1. Senates and
2. House of Representative
Section 1 of Article VI of the Constitution recognizes the
distinction between original and derivative legislative power.
[Marmeto v. COMELEC, September 5, 2017]

The overseas Absentee Voting Act of 2003/2013

R.A. No. 9189 (amended by R.A. 10590) was enacted in
obeisance to the mandate of the first paragraph of Section 2,
Article V of the Constitution that Congress shall provide a
system for voting by qualified Filipinos abroad.
It must be stressed that Section 2 does not provide for the
parameters of the exercise of legislative authority in enacting
said law. [Macalintal v. COMELEC, July 10, 2003]
R.A. 9189-Coverage
Sec. 4 Sec. 3. Coverage
All citizens of the Philippines abroad, who are not otherwise
disqualified by law, at least eighteen (18) years of age on the
day of elections, may vote for president, vice-president, senators
and party-list representatives (as well as ain all national
referenda and plebiscites- R.A. 10590)
Original Legislative Power
Father Bernas explains that “in republican systems, there are
generally two kinds of legislative power, original and derivative.
Original legislative power is possessed by the sovereign people.
[Garcia v. COMELEC, September 30, 1994]
Derivative Legislative Power
Derivative Legislative Power has been delegated by the
sovereign people to such legislative bodies such as Congress.
Considering that Derivative Legislative Power is merely
delegated by the sovereign people to its elected representatives,
it is deemed subordinate to the original power of the people.
[Marmeto v. COMELEC]

Limitation on Legislative Power

The Legislative Department 1. Substantive Limitations
Art. VI a. Express substantive Limitations
b. Implied substantive Limitations
Legislative Power 2. Procedural Limitations
a. Sec. 26, Art. VI [one title-one subject rule]
The legislative power has been described generally as the power b. Sec 27, Art. VI [three readings and veto power]
to make, alter, and repeal laws. The authority to amend, change,
or modify a law is thus part of such legislative power. Express substantive limitations
It is the peculiar province of the legislature to prescribe general 1. Bill of Rights (Art.III)
rules for the government of society. [Yazaki Torres v. CA, June 2. Secs. 25 and 28, Art. VI [appropriations and
27,2006] taxation]
3. Sec. 4 (3), Art. XIV (educational institutions)
Legislative has plenary power
4. Sec. 9, Art. VI (public funds)
5. Sec 30, Art. VI (title royalty)
The Constitution, as the will of the people in their original,
6. Sec. 31, Art. VI (initiative and referendum)
sovereign an unlimited capacity, has vested this power in the
Congress of the Philippines. The grant of legislative power to Implied substantive limitations
Congress is broad, general and comprehensive.
1. Prohibition against delegation of legislative
The legislative body possesses plenary power for all purposes of power
civil government. [Ople v. Torres, July 23, 1998] 2. Prohibition against passage of irrepealable laws

37
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
 CONSTITUTIONAL LAW 1
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Non-delegation of Legislative Power
Delegatus non potest delegari
delegate potestas non potest delagari
Potestas delegate non delegari potest
(what has been delegated cannot be delegated)
What has once been delegated by Congress can no longer be
further delegated or redelegated by the original delegated to
another, as expressed in the Latin maxim Delegata potestas non
potest delegari. [ In re: Application for Land Registration, June
6, 2018]
Substantive contents of the law cannot be delegated
The rationale for the constitutional proscription is that
“legislative discretion as to the substantive contents of the law
cannot be delegated. [ Vivas v. Monetary Board, August 7,
2013]
What can be Delegated
What can be delegated is the discretion to determine how the
law may be enforced, not what the law shall be. The
ascertainment of the latter subject is a prerogative of the
legislature. This prerogative cannot be abdicated or surrendered
by the legislature to the delegate. [ Vivas v. Monetary Board]
Example
The classification of lands of the public domain into agricultural
lands, as well as their further classification into alienable and
disposable lands of the public domain, is a legislative
prerogative which may be exercised through enactment of valid
law.
As the President’s and the DENR Secretary’s discretionary
power to classify land as alienable and disposable is merely
delegated to them under CA No. 141 and PD No. 705,
respectively, they may not redelegate the same to another office
or officer. [ Dumov. Republic, June 6, 2018]
Remember: what has once been delegated by Congress can no
longer be further delegated or redelegated by the original
delegate to another.
What cannot be delegated
The powers which Congress is prohibited from delegating are
those which are strictly, or inherently and exclusively,
legislative. [ABAKADA v. Ermita, September 1, 2005]
What is purely legislative power?
Purely legislative power, which can never be delegated, has
been described as the authority to make a complete law-
complete as to the time when it shall take effect and as to whom
it shall be applicable- and to determine the expediency of its
enactment. [ABAKADA v. Ermita]
Thus, the rule is that in order that a court may be justified in
holding a statute unconstitutional as a delegation of legislative
power, it must appear that the power involved is purely
legislative in nature- that is, one appertaining exclusively to the
legislative department. [ABAKADA v. Ermita]
Exceptions
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
1. Delegation of tariff powers to the President under Section
28(2) of Article VI of the Constitution;
2. Delegation of emergency powers to the President under
Section 23(2) of Article VI of the Constitution;
3. Delegation to the people at large;
4. Delegation to local governments; and
5. Delegation to administrative bodies.
Licensing power
An exception sanctioned by immemorial practice permits the
legislative body to delegate its licensing power to certain
persons, municipal corporations, towns, boards, councils,
commissions, commissioners, auditors, bureaus and directors.
Such licensing power includes the power to promulgate
necessary rules and regulations. [Chavez v. Romulo, June 9,
2004]
License to possess firearms
As an exception to non-delegation of legislative power,
Congress has historically delegated to the chief of the police
force the power to approve or disapprove applications for
license to possess or deal with firearms. [Acosta v. Ochoa,
October 15, 2019]
Note: under R. A No. 6975, or Department of the Interior and
Local Government Act of 1990, the authority to issue licenses
for the possession of firearms and explosives is now exclusively
granted to the Philippine National Police. [Acosta v. Ochoa]
Delegation of Tariff Powers to the President
The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions
as it may impose, tariff rates, import, and export quotas, tonnage
and wharfage dues, and other duties or imposts within the
framework of the National development program of the
Government. [Sec. 28 (2), Art. Art. VI]
2011 Bar
The president may set a limit on the country’s import quota in
the exercise of his___
a. Delegated power
b. Concurring power
c. Residual power
d. Inherent power
Delegation of Emergency Powers to the President
In times of war or other national emergency, the 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 (Sec. 23 (2) Article VI).
Example: Bayanihan to Heal as One Act
[R.A No. 11469]
An act declaring the existence of a national emergency arising from the
coronavirus disease 2019 (COVID-19) situation and a national policy in
connection therewith, and authorizing the president of the republic of the
Philippines for a limited period and subject to restrictions, to exercise
powers necessary and proper to carry out the declared national policy and
for other purposes\
Sec.4. Authorized persons. - Pursuant to Article VI, Section 23(2) of the
Constitution, the President is hereby authorized to exercise powers that are
38
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necessary and proper to carry out the declared national policy. The
President shall have the power to adopt the following temporary emergency
measures to respond to crisis brought by the pandemic.
Likewise, legislative power was delegated to the President under
Sec. 453 of the LGC, which states:
Section 453 Duty to Declare Highly Urbanized Status.- it shall
be the duty of the President to declare a city as highly urbanized
within thirty (30) days after it shall have met the minimum
requirements prescribed in the immediately preceding Section,
upon proper application therefore and ratification in a plebiscite
by the qualified voters therein. [See Umali v. COMELEC, April
22, 2014]
Delegation to the people at large
Section 32. The Congress shall, as early as possible, provide for
a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the registration of
a petition therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative district
must be represented by at least three per centum of the
registered voters thereof.
[Art. VI; See also R.A 6735; COMELEC Resolution 10650
dated 31 January 2020]
o IN RE: PROPOSAL TO ENACT A NATIONAL
LEGISLATION ENTITLED “THE ABS-CBN
CORPORATION FRANCHISE ACT,” THROUGH
PEOPLE’S INITIATIVE
Delegation to local governments
(Local) governments may be allowed to legislate on purely local
matters.
This is an exception which according to Rubi v. Provincial
Board (1919) is “sanctioned by immemorial practice.” [Bernas]
LGU’s are able to legislate only by virtue of a valid delegation
of legislative power from the national legislature; they are mere
agents vested with what is called the power of subordinate
legislation. [Ferrer v. Bautista, June 30, 2015]
The power to create, divide, merge, abolish or substantially
alter boundaries of provinces and cities, municipalities or
barangays is essentially legislative in nature.
The framers of the Constitution have, however, allowed for
delegation of such power in Sec. 10, Art. X of the Constitution
as long as (1) criteria prescribe din LGC is met and (2) the
creation, division, merger, abolition or the substantial alteration
of boundaries is subject to approval by a majority vote in a
plebiscite. [ Umali v. COMELEC, April 22, 2014]
With the twin criteria of standard and plebiscite [Sec. 10, R.A
7160] satisfied, the delegation to LGU’s of the power to create,
divide, merge, abolish or substantially alter boundaries has
become a recognized exception to the doctrine of non-delegation
of legislative powers. [ Umali v. COMELEC, April 22, 2014]
Delegation to administrative bodies
In the face of the increasing complexity of modern life,
delegation of legislative power to various specialized
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
administrative agencies is allowed as an exception to this
principle. [Gerochi v. DOE, July 11, 2007]
Quasi-legislative power
Quasi-legislative power, otherwise known as the power of
subordinate legislation, has been defined as the authority
delegated by the lawmaking body to the administrative body to
adopt rules and regulations intended to carry out the provisions
of law and implement legislative policy. [ALFI v. Garin, April
26,2017]
Example: R.A NO. 11479. AN ACT TO PROHIBIT AND
PENALIZE TERRORISM, THEREBY REPEALING
REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE
“HUMAN SECURITY ACT OF 2007”
SECTION 1. Short ‘Title- This ac shall henceforth be known
as The Anti- Terrorism Act of 2020”
Section 54. Implementing Rules and Regulations- This ATC
and DOJ, with the active participation of police and military
institutions, shall promulgate the rules and regulations for the
effective implementation of this Act within ninety (90) days
after its effectivity. They shall also ensure the full dissemination
of such rules and regulations to both Houses of Congress and all
officers and members of various law enforcement agencies.
Note: the rule-making power of a public administrative body is a
delegated legislative power, which it may not use either to
abridge the authority given it by Congress or the Constitution or
to enlarge its power beyond the scope intended. [United BF
Homes v. BF Homes, July 14, 1999]
In every case of permissible delegation, there must be a showing
that the delegation itself is valid. T is valid only if the law
a. Is complete in itself, setting forth therein the policy to be
executed, carried out, or implemented by the delegate; and
b. Fixes a standard- the limits of which are sufficiently
determinate and determinable- to which the delegate must
conform in the performance of his functions.
Tests of valid delegation
In determining whether or not a statute constitutes an undue
delegation of legislative power, the Court has adopted two tests:
The completeness test and the sufficient standard test. [Council
of Teachers v. Secretary of Education, October 9, 2018]
Both test are intended to prevent a total transference of
legislative authority to the delegate, who is not allowed to step
into the shoes of the legislature and exercise a power essentially
legislative.
Completeness test
Under the first test, the law must be complete in all its terms and
conditions when it leaves the legislature such that when it
reaches the delegate, the only thing he will have to do is to
enforce it.
To determine completeness, all of the terms and provisions of
the law must leave nothing to the delegate except to implement
it.
“What only can be delegated is not the discretion to determine
what the law shall be but the discretion to determine how the
law shall be enforced.” [KMU v. Aquino, April 2, 2019]
Sufficient Standard Test
Jurisprudence holds that a law lays down a sufficient standard
when it provides adequate guidelines or limitations in the law to
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determine the boundaries of the delegate’s authority and prevent such act for interfering with the plenary powers of Congress.
the delegation from running riot. [Belgica v. Ochoa, November [Kida v. Senate, February 28,2012]
19, 2013]
Perpetual infallibility is not one of the attributes
To be sufficient, the standard must specify the limits of the
delegate’s authority, announce the legislative policy and identify desired in a legislative body, and a legislature which attempts to
the conditions under which it is to be implemented. [Belgica v. forestall future amendments or repeals of its enactments labors
Ochoa] under delusions of omniscience. Kida v. Senate, October
18,2011 citing City of Davao, v. RTC]
A sufficient standard is one which defines legislative policy,
marks its limits, maps out its boundaries and specifies the public
agency to apply it.

It indicates the circumstances under the legislative command is

to be effected. [ABAKADA v. Ermita]

Enforcement of a delegated power may only be effected in

conformity with a sufficient standard, which is used “to map out
the boundaries of the delegate’s authority and thus prevent the
delegation from running riot.”

The law must contain the limitations or guidelines to determine

the scope of authority of the delegate. [KMU v. Aquino, April 2,
2019]

What are examples of sufficient standards?

The Court had, in the past accepted as sufficient standards the
following: “interest of law and order;” adequate and efficient
instruction;” “public interest;” “justice equity;” “public
convenience and welfare;” “simplicity, economy and
efficiency;” “standardization and regulation of medical
education;” and “fair and equitable employment practices.”
[Gerochi v. DOE, July 17, 2007]

Example- R.A 9335

Section 2. Declaration of Policy. - it is the policy of the State to
optimize the revenue-generation capability and collection of the
Bureau of Internal Revenue (BIR) and the Bureau of Customs
BOC) by providing for a system of rewards and sanctions
through the creation of a Rewards and Incentives Fund and a
Revenue Performance Evaluation Board in the above agencies
for the purpose of encouraging their officials and employees to
exceed their revenue targets.

At any rate, this Court has recognized the following as sufficient

standards: “public interest”, “justice and equity,” “public
convenience and welfare” and “simplicity, economy and
welfare.”

In this case, the declared policy of optimization of the revenue-

generation capability and collection of the BIR and the BOC is
infused with public interest. [ABAKADA v. Purisima, 2008]

Note: Congress does not abdicate its functions or unduly

delegate power when it describes what job must be done, who
must do it, and what is the scope of his authority; [ABAKADA v.
Ermita]

Prohibition against passage of irrepealable laws

Irrepealable laws deprive succeeding legislatures of the

fundamental best senses carte blanche in crafting laws
appropriate to the operative milieu. [City of Davao, v. RTC,
August 18, 2005]

Where the legislature, by its own act, attempts to limit its power
to amend or repeal laws, the Court has the duty to strike down

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ATENEO DE DAVAO COLLEGE OF LAW
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A place where a party actually or constructively has his
permanent home, where he, no matter where he may be found at
any given time, eventually intends return and remain (“animus
maninde”) [Caballero v. COMELEC]

A domicile of origin is acquired by every person at birth.

It is usually the place where the child’s parents reside and

continues until the same is abandoned by acquisition of new
domicile (domicile of choice). [Caballero v. COMELEC]

The Senate
New domicile-requisites
The Senate Composition
1. Residence or bodily presence in a new locality;
Section 4. The Senate shall be composed of twenty-four 2. An intention to remain there (animus manendi); and
Senators who shall be elected at large by the qualified voters of 3. An intention to abandon the old domicile (animus non
the Philippines, as may be provided by law. [Art. VI] revertendi). [Poe-Llmanzeres v. COMELEC]

Note: senators are elected at large, that is senatorial candidates In other words, there must basically be animus manendi (intention to
submit themselves to a vote of the entire national electorate. remain) coupled with animus non revertendi (intention not to return)

animus manendi + animus non revertendi= domicile

This manner of electing senators can only be changed by
Term of Office
constitutional amendment. [Bernas]
Section 4. The term of office of the Senators shall be six years and shall
Qualifications
commence, unless otherwise provided by law, at noon on the thirtieth (30 th)
Section 3. No person shall be a senator unless he is a natural- day of June next following their election. No Senator shall serve for more
born citizen of the Philippines, and on the day of the election, at than two consecutive terms. Voluntary renunciation of the office for any
least thirty-five years of age, able to read and write, a registered length of time shall not be considered as an interruption in the continuity of
voter, resident of the Philippines for at 2 least years immediately his service of the full term for which he was elected.
preceding the day of the election
First Senators elected under 1987 Constitution
1. Natural-born citizen Section 2. The Senators, members of the House of Representatives, and the
2. At least 35 years old on the day of the election local officials first elected under this Constitution shall serve until noon of
3. Able to read and write June 30, 1992.
4. A registered voter
5. Resident of the Philippines for at 2 least years immediately preceding Of the Senator elected in the election in 1992, the first twelve obtaining the
the day of the election highest number of votes shall serve six years and the remaining twelve for
three years. [Art XVIII]

2011 Bar
CHRONOLOGY
A candidate for senator must be at least 35 years old on__
It must be remembered that the 24 Senators first elected under 1987
a. The day he is duly proclaimed. Constitution on May 2, 1987 served only for five years ending on June 30,
b. The day the election is held. 1992.
c. The day he files his certificate for candidacy.
d. The day he takes his oath of office. 24 Senators June 30, 1992.

On “Residence” Until

When it comes to qualifications for running for public office,

residence is synonymous with domicile.
The term ‘residence’ as so used is synonymous with ‘domicile’
which imports not only intention to reside in a fixed place, but
also personal presence in that place, coupled with conduct
indicative of such intention. [Jalosjos v. COMELEC. February
26, 2013]
Of the Senators elected in 1992 the first twelve obtaining the highest
number of votes served for the full term of six years expiring in 1998, and
the last served only three years and ended in 1995.
After which, the twelve senator elected in 1995 shall serve the full term of
six years or until 2001.

The term “residence” is to be understood not in its common First 12- 6 years
acceptation as referring to “dwelling” or “habitation,” but rather
to “domicile” or legal residence. [Caballero v. COMELEC, Last 12- 3 years (1995) 1992 elections
September 22, 2015]

12 Senators-1995 elections
What is Domicile?
12 Senators-1998 elections

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ATENEO DE DAVAO COLLEGE OF LAW
 CONSTITUTIONAL LAW 1
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12 Senators- 2001 elections
12 Senators- 2004 elections
12 Senators-2007 elections
12 Senators- 2010 elections
12 Senators-2013 elections
12 Senators- 2016 elections
12 Senators- 2019 elections
12 Senators- 2022 elections
Term vs. Tenure
The term means the time during the officer may claim hold
office as of right, and fixes the interval after which the several
incumbents shall succeed one another.
Tenure
Represents the term during which the incumbent actually holds
the office. The term of office is not affected by the hold-over.
The tenure may be shorter than the term of reasons within or
beyond the power of the incumbent. [Gaminde v. COA,
December 13, 2000]
Q. Does the limitation on number of elections mean that a Senator who has
served two consecutive terms must wait for six years before he can run
again for the Senate?
A: A Senator can run again years three after the expiration of his second
term. [Bernas]
The House of Representatives
QUALIFICATIONS
Section 6. No person shall be a member of the House of
Representatives unless he is a natural-born citizen of the
Philippines, and on the day of the election, is at least twenty five
years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he
shall be elected, and a resident thereof for a period of not less
than one year the immediately preceding the day of the election.
1. Natural-born citizen
2. on the day of the election, is at least twenty five (25) years of age,
3. Able to read and write
4. except the party-list representatives. A registered voter a registered
voter in the district in which he shall be elected, and
5. a resident thereof for a period of not less than one (1) year the
immediately preceding the day of the election.
Section 9. Qualifications of Party-list Nominees. No person shall be
nominated as party-list representative unless he is a natural-born citizen of
the Philippines, a registered voter, a resident thereof for a period of not less
than one (1) year the immediately preceding the day of the election, able to
read and write, a bona fide member of the organization which seeks to
represent for at least ninety (90) days preceding the day of the election, and
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW
07/20/2020
is at least twenty five (25) years of age on the day of the election. [R.A
7941 (Party-list System Act)]
Youth Sector Nominee
In case of a nominee of the youth sector, he must at least
twenty-five (25) but not more than thirty (30) years of age on
the day of the election.
Any youth sectoral representative who attains the age of thirty
(30) during his term shall be allowed to continue in office until
the expiration of his term.
Example: COMELEC cancels Cardema’s Duterte Youth
Nomination
Term of Office
Section 7. The Members of the House of Representatives shall
be elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth (30 th) of June
next following their election. No member of the House of
Representative shall serve more than three (3) consecutive
terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected. [Art.
VI]
Remember
o Term of office: 3 years [contra 6 years for Senator]
o No Member of the House of Representatives shall
serve for more than three consecutive terms.
[3+3+3=9]
Composition
The House of Representatives shall be composed of not more than
two hundred and fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the
provinces, cities, and Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be
elected through a party-list system of registered national, regional and
sectoral parties or organizations. [Section 5 (1), Art. VI]
(IN THE 18TH CONGRESS COMPOSED OF 301)
Composition
The House of Representatives shall be composed of:
a. District representatives and
b. Party-list representatives.
Note: [From] Constitution’s point of view, it is the party-list
representative who are “elected” into office, not their parties or
organizations.
These representatives are elected, however, through that
peculiar party-list system that the Constitution authorized and
that Congress by law established where the voters cast their
votes for the organizations or parties to which such party-list
representatives belong. [Abayon v. HRET, February 11, 2010]
Once elected, both the district representatives and the part-list
representatives are treated in like manner.
They have the same deliberate rights, salaries and emoluments.
They can participate in the making of laws that will directly
benefit their legislative districts or sectors.
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They are also subject to the same term limitation of three years
for a maximum of three consecutive terms. [Abayon v. HRET]

Party-list representatives (source: congress.gov.ph)

Sectoral Representatives

For three consecutive terms after the ratification of the

Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.

Note: Under Section 7, Article XVIII of the Constitution, the appointment

of sectoral representatives is vested upon the President until otherwise
provided by law, as follows:

Section 7. Until the law is passed, the President may fill by appointment
from a list of nominees by the respective sectors the seats reserved for
sectoral representation in paragraph (1), Section 5 of the Article VI in this
Constitution.

250 Members

Note: The initial total membership was arrived at taking into

consideration a national population of 55 million. [Bernas]
The constitution allows the legislature to modify the number of
the members of the House of Representatives. [Banat v.
COMELEC]

“Unless otherwise fixed by law”

As thus worded, the Constitution did not preclude Congress
from increasing its membership by passing a law, [Mariano v.
COMELEC]

Vested exclusively in Congress

Under the present Constitution, as well as in past Constitutions,
the power to increase the allowable membership in the House of
Representatives, and to reapportion legislative districts, is vested
exclusively in Congress. [Sema v. COMELEC, July 16, 2008]

This can be done through reapportionment resulting in the

creation of new districts or
through the creation of new provinces (since each province is
entitled to at least one district), or
through the creation of cities meriting one legislative district
under Section 5 (3). [Bernas]

The Legislature has the option to choose whether the increase in

the number of members of the House of Representatives is done
by piecemeal legislation or by enactment of a law authorizing a
general increase. [Banat v. COMELEC, July 8, 2009]

No Constitutional requirement for absolute proportional representation in

the allocation of party-list seats

 [The] principle of proportional representation applies only to

legislative districts, not to the party-list system.
 The allocation of seats under the party-list system is governed
by the last phrase of Section 5 (1), which states that the party-
list representatives shall be “those who, as provided by law,
xxx” giving the legislature wide discretion in formulating the
allocation of party-list seats. [Banat v. COMELEC, July 8,
2009]

43
COMPILED BY MARY NOVE PATANGAN
ATENEO DE DAVAO COLLEGE OF LAW