ARTICLE III: BILL OF RIGHTS

- A declaration and numeration of the individual rights and privileges which the constitution is designed to protect
TYPES OF RIGHTS
NATURAL RIGHT – innate in man
STATUTORY RIGHTS – provided by and may be abolished by law
CONSTITUTIONAL RIGHT – found in the constitution; cannot be modified or taken away by a law-making body
 Political right – suffrage/give power to participate directly or indirectly in the establishment or administration of government
 Civil right – those which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment
of their means of happiness
 Social and Economic right – those intended to insure the well-being and economic security of the individual
 Rights of the Accused – civil rights intended for the protection of a person accused of a crime
BASIC RIGHTS
Sec 1: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection
of the laws. (Due process and equal protection of the laws)
- A procedure which hear before it condemns, which proceeds upon inquiry and render judgment only after trial
- Trial by publicity?
- Rich vs. poor – all persons subject to legislation should be treated alike, under like circumstances and conditions both in the privileges
conferred and liabilities imposed
Sec 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, and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
(Right to privacy)
- Communication(wiretapping)
- Letters/documents
- Bank accounts
(Right against Unreasonable Searches and Seizures/Arrest)
Warrant
- Order in writing
- Issued in the name of the people of the Philippines
- Signed by a judge
- Directed to a police officer
Search Warrant
- Order to search for personal property to be brought to court
- Persons, houses, papers and effect
Warrant of Arrest
- Command to arrest a person and take him into the custody of the court
Valid Warrant
- Issued upon probable cause done by the judge himself
- Done by the presentation of evidences/witnesses
- Specific description of things to be seized or person to be arrested
Warrantless Searches
- There is consent or waiver given (written)
- Search is an incident to a lawful arrest
- In the case of contraband or forfeited goods to be transported
- Prohibited articles are in plain view or open to eye and hand
- As an incident of inspection, supervision and regulation in the exercise of police power
- Routinary searches in the interest of national security and the proper enforcement of customs and immigration laws
Warrantless Arrest
- If the command is to arrest a person and take him into the custody of the court
- In the presence of police officer, person to be arrested, has committed, is actually committing, or is about to commit
- When an offense just took place and he has personal knowledge of facts indicating that the person has actually committed it
- The person is a prisoner who escaped from penal establishment or temporarily confined while your case is pending
- When you voluntarily waived your right against warrantless arrest
Republic Act No. 10175 (Cybercrime Prevention Act of 2012) should be court arrests.
At of 2012
- In an administrative matter unanimously approved last month by all SC justices, the rules on warrants and orders involve “the
preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data”
under RA 10175.
- The SC said the rule supplements the Rules of Criminal Procedures on the preliminary investigation and all stages of the prosecution
of criminal action involving violations of RA 10175 within the use of information and communication technologies (ICT).
- All crimes enumerated in the RA 10175 are cognizable by the regional trial courts (RTCs) in the country and those courts specifically
designated as “cybercrime courts.”
- The SC said “the detection, investigation, and prosecution of cybercrime offenses necessitate a rule of procedure therefore, especially
for the application, issuance, and implementation of court warrants technically suited to the nature of cybercrime offenses.”
- Among the crimes punishable under RA 10175 are libel, cybersex, child pornography, and offenses against the confidentiality,
integrity and availability of computer data and systems like illegal access, illegal interception, data interference, misuse of devices,
cyber-squatting, computer-related fraud, computer-related identity theft, and unsolicited commercial communications.
- A person found guilty of violation of RA 10175 may be imprisoned from 6 years and 1 day to 12 years (prision mayor) or imposed a
fine ranging from P200, 000 to P500, 000 or both.
Sec 3
1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Sec 4: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble
and petition the government for redress of grievances. (Expression of the press/speech)
 - Opinions can be expressed – oral/written/action/manner of dressing/rallies
- Freedom is NOT ABSOLUTE
- Libel/slander/oral defamation
Sec 5: No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment
of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights. (Religious freedom)
- No religious test can be given/separation of church & state/manner worship cannot be dictated/propagation of religion is not checked.
Sec 6: The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided
by law. (Liberty of abode and travel)
- Dwell anywhere but state can forcibly evacuate people
- Quarantine – people/animals in case of an outbreak

Sec 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. (Right to information)
- Full public disclosure
- Public documents, SALN, financial statements, national budget, expenditures, physical health or health condition of government
officials
- Importance of mass media
Sec 8: The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged. (Right to form associations)
- Association vs. union
- Right to strike, right to assembly, right to demonstrate
- Limitation to right
Sec 9: Private property shall not be taken for public use without just compensation.
Sec 10: No law impairing the obligation of contracts shall be passed.
Sec 11: Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
(Right to adequate legal assistance)
- Lawyers/appearance fee, acceptance fee
- PAO/exemption from payment of court fines
(Right to free access to courts and quasi-judicial bodies)
- Poor/indigent people can go to court
- Exempted in payment of fees
Sec 12: (Right of person under investigation)
1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel.
– Miranda Doctrine/Warning
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention
places, solitary, incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions of violations of this section as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Sec 13: All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient securities, or be released on recognizance as may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.( Right to bail and excessive
bail)
- Bail – the security required by court for the provisional or temporary release of a person
- Accused should appear otherwise he is deemed to have “jumped bail”
- Excessive bail – that which is reasonable to a man of wealth is equivalent to a denial of right if exacted of a poor man charged with a
like offense
- No bail for cases considered capital offense or an offense punishable by reclusion perpetua (life imprisonment) or death if the
evidence is strong
ADMINISTRATIVE CIRCULAR NO. 12-94: AMENDMENTS TO RULE 114 OF THE 1985 RULES ON CRIMINAL PROCEDURE
AS AMENDED
SEC. 9 Amount of Bail; Guidelines. – The judge who issued the warrant or granted the application shall fix a reasonable amount of bail
considering primarily, but not limited to the following guidelines:
[a] Financial ability of the accused to give bail;
[b] Nature and circumstances of the offense;
[c] Penalty of the offense charged;
[d] Character and reputation of the accused;
[e] Age and health of the accused;
[f] The weight of the evidence against the accused;
[g] Probability of the accused appearing in trial;
[h] Forfeiture of other bonds;
[i] The fact that accused was a fugitive from justice when arrested; and
[j] The pendency of other cases in which the accused is under bond
Excessive bail shall not be required.
Forms of Bail
- Cash Deposit
- Property Bond – land titles
- Surety Bond – surety company will secured it
- Recognizance – a person is released to the custody of a responsible member of society.
Sec 14
1. No person shall be held to answer for a criminal offense without due process of law.
 (Right to Due Process of Law in Criminal Cases)
- Accused is tried before a competent court
- Fair and impartial trial
- Allowed to use all legal means and opportunity to defend himself
- safeguard against false conviction
- burden of proof lies with the prosecution.
Complaint – when you want to bring someone to the judicial process, you start by filing a criminal complaint. A complaint can be filed by any
citizen, or a law enforcement officer such as the police, or if the complaint is against state agents, the Commission on Human Rights (CHR).
Citizens who have a reliable lawyer can prepare their own complaint and file it straight before government prosecutors. Others go to the police,
which will conduct an initial investigation and prepare the complaint on behalf of the citizen.
Others go to the National Bureau of Investigation (NBI), which will do the same thing. The police, the NBI, or the CHR will then file the
complaint before government prosecutors.
Prosecutors – push the case against the accused/Government prosecutors are the city, provincial, and regional prosecutors and the state
prosecutors.
State prosecutors are those with the Department of Justice (DOJ) or the Office of the Ombudsman. If the complaint is against a private citizen,
it is filed before city prosecutors or the prosecutors of the DOJ.
If the complaint is an offense covered by anti-graft court Sandiganbayan – ‘criminal and civil cases involving graft and corrupt practices and
such other offenses committed by public officers and employees, including those in government owned or controlled operations, in relation to
their office” – then it is filed before prosecutors of the Office of the Ombudsman.
Inquest – is a proceeding done by prosecutors when the person was arrested without a warrant.
A warrantless arrest is allowed under conditions set by the rules of criminal procedure – when the person commits the crime in the presence of
the officer, or when there is probable cause to believe a crime has just been committed, or if it is a prisoner escaping from jail, or if the offense
is a continuing offense like rebellion.
Warrantless arrests you usually see in the news are the results of raids, Ozamiz City Vice Mayor Nova Princess Parojinog and brother
Reynaldo Parojinog Jr. The inquest proceedings by DOJ prosecutors were done to determine if the arrest was valid. (DOJ prosecutors ruled it
was.)
Inquest proceedings are also used to determine if there is a probable cause to indict the person.
Preliminary Investigation – if the offense is punishable by jail time of at least 4 years, 2 months, and 1 day, the complaint is required to
undergo a preliminary investigation (PI)
In the event that the person is arrested without warrant, and the offense is required to undergo a PI, inquest proceedings may suffice.
Indictment – after inquest or preliminary investigation by prosecutors, they will issue a resolution which contains the findings. Prosecutors
will either dismiss the complaint or find probable cause to file charges against the person. If there is probable cause, then that person is
indicted.
When a person is indicted, it does not mean that he or she is charged. Only when the prosecutors file the information before a court is a person
considered charged or in Filipino kinasuhan.
Senator Miriam Santiago correctly introduced a legislative formula through a bill she drafted and called it An Act to Prevent Luxurious
Conditions in Prisons.
“…prison officials shall provide living conditions and opportunities to prisoners within its prison that are not luxurious than those conditions
and opportunities the average prisoner would have experienced…”
STAGES OF CRIMINAL ACTIONS IN PHILIPPINE COURT
Preparing for a case – preliminary investigation – filing of information – arraignment – pre-trial – trial – judgment – appeal - execution
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet
the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.
(Accusation against Himself)
Arraignment – done in open court by the judge
- Accused is furnished with a copy of the complaint or information
- List of witnesses
- Read in language known by the accused. Guilty or not guilty?
(Right to have Speedy, Impartial, and Public Trial)
- Speedy trial – as soon as possible
- Impartial trial – judge as unbiased or unprejudiced
- Public trial – not to every person but to all those who have concerns with the trial
(Right to Confrontation of Witnesses)
- Cross examination of witnesses – to test recollection and veracity
- Ex parte affidavits are not basis of conviction
- Sworn affidavit are not enough
- Assessment by the court of credibility of witness
(Right to Compulsory Production of Witnesses and Evidences)
- Subpoena duces tecum – person is ordered to appear in court with document and testify
- Subpoena – order a person to appear and testify in court
- Perjury – if the witness is not telling the truth after he is sworn in.
(Trial in Absentia/absence of the accused)
- He has been arraigned, duly notified of a trial
- His failure to appear is unjustifiable
Sec 15: The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety
requires it.
- Writ of Habeas Corpus – order issued by a court of competent jurisdiction directed to a person detaining in other to produce the
body of the person at a designated time and place.
Sec 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Sec 17: No person shall be compelled to be a witness against himself. (Right against self-incrimination)
- No person shall testify against himself
- To avoid the commission of perjury
- Prevent the extortion of confession by force
- Protects a person, whether he is the accused/witness
Not violation:
- Accused is asked to discharged drugs from his mouth
- Placing of a foot on a piece of paper
- Compelled to be photographed
- Physical examination
- Voluntary confession of the accused is admitted at the trial
Sec 18: (Right against detention solely by reason of his political beliefs and aspirations)
1. No person shall be detained solely by reason of his political beliefs and aspirations.
2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
- Political prisoners/detainees – especially during martial law
- Involuntary servitude – enforced and compulsory service to another
- Slavery – entire subjection of one person to the will of another
- Peonage – voluntary submission to pay debt
Sec 19
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall
be reduced to reclusion perpetua. (Right against excessive fines)
- similar to the concept of bail and excessive bail
2. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman conditions shall be dealt with by law. (Right against cruel, degrading or inhuman punishment)
- should be humane
- should not bring about shame and humiliation to the accused
- Death penalty/decapitation/mutilation/hanging/destierro
Sec 20: No person shall be imprisoned for debt or non-payment of a poll tax. (Non-imprisonment for debt)
- Debt – any liability to pay money arising out of a contract
- A person can be imprisoned for non-payment of tax

Sec 21: No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance,
conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (Right against double jeopardy)
- Cannot be charged with the same of identical offense
- Protection against the perils of a second punishment as a second trial for the same offense
(Right to Appeal in Criminal Cases)
- The accused, after having been convicted, may go to a higher court
- The penalty may be increased – this is not double jeopardy
- The penalty may be decreased
- Government has no right to appeal if the judgment is accquital
Requisites: Brought to trial, has been arraigned, convicted and acquitted, case dismissed/terminated
Sec 22: No ex post facto law or bill of attainder shall be enacted. (Ex Facto Law)
- Law which operates retroactively
- Action which is not punishable before is now punishable; punishment is even greater
- Bill of attainder – legislative act punishing a person without judicial trial
- When a law is passed to punished somebody without due process e.g. putting to prison members of the Metropolitan church)
SC Adopts Revisions to the Law Student Practice Rule
July 16, 2019
The Supreme Court en banc, on June 25, 2019, adopted and promulgated A.M. No. 19-03-24-SC Rule 138-A Law Student Practice, otherwise
known as the Revised Law Student Practice Rule (Revised Rule). The Revised Rule is a n amendment to the existing provisions of Rule 138-A
of the Rules of Court. A salient feature of the Revised Rule is that a law student must now be certified to be able to engage in the limited
practice of law.
Pursuant to the provisions of Section 5(5), Article VIII of the 1987 Constitution, the Supreme Court used its power to adopt and promulgate
rules concerning legal assistance to the underprivileged through the amendment of the provisions of Rule 138-A. This amendment ensures
access to justice of the marginalized sectors, enhances learning opportunities of law students by instilling in them the value of legal
professional social responsibility, and to prepare them for the practice of law. The Supreme Court also addressed the need to institutionalize
clinical legal education program in all law schools in order to enhance, improve, and streamline, law student practice, and regulate their limited
practice of law.
Once the law student is certified, the certificate number must be used in signing briefs, pleadings, letters, and other similar documents produced
under the direction of a supervising lawyer. (Section 7) The law student shall also take the Law Student Practitioner’s Oath, a modified
lawyer’s oath, under Section 8 before engaging in the limited practice of law.
The duties of law student practitioners, law schools, and supervising lawyers are also enumerated in Section 6, 9, and 11 respectively.
The Revised Rule also enumerates in Section 13 acts considered as unauthorized practice of law as well as the corresponding sanctions,
without prejudice to existing laws, rules, regulations, and circulars. It stresses that “unauthorized practice of law shall be a ground for
revocation of the law student practitioner’s certification and/or disqualification for a law student from taking the bar examinations for a period
to be determined by the Supreme Court.”
NATURE
1. Mere Privilege
- Suffrage is not a natural right of the citizens but a privilege to be given or withheld by the lawmaking power subject to constitutional
limitations.
- It is granted to individuals only upon the fulfilment of certain minimum conditions deemed essential for the welfare of the country.
LOCAL ABSENTEE VOTING
- Based on data from Committee on Local Absentee Voting (CLAV) of the Commission on elections (Comelec), a total of 34,693
applicants have been received as of March 23 from all the regions in the country.
- The applicants consist of government personnel from the regional offices of the Comelec, Department of Education, National Bureau
of Investigation, Bureau of Jail management and Penology, Bureau of Fire Protection, and Department of Labor and Employment.
- Members of the Armed Forces of the Philippines, Philippine National Police, Philippine Navy, Philippine Air Force, Philippine Cost
Guard also signed up for LAV.
PERSON DEPRIVED OF LIBERTY VOTING
- Person Deprived of Liberty Voting is the process by which a registered deprive voter, whose registration is not transferred,
deactivated, cancelled or deleted, may still have exercise his right to vote.
 - Pursuant to the Implementing Rules and Regulations of Republic Act No. 10575, a detainee, inmate, prisoner, or other person under
confinement or custody in other manner shall be called “Person Deprived of Liberty” (PDL) in compliance with Article 10 of the
International Covenant on Civil and Political Rights (ICCPR).
- The use of the term “detainee” in any rules and regulation, forms and other documents previously issued shall be read as “PDL” in so
far as the same is not inconsistent hereto.
REPUBLIC ACT 8189 “VOTERS REGISTRATION ACT OF 1996”
- 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.
PERSONS DISQUALIFIED TO VOTE
- Any person sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been
removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of five
(5) years after service of sentence

DISTINGUISHED FROM NATIONALITY AND NATIONS

 From the point of view of international law, “Citizenship” and “citizen” do not exactly mean the same as “Nationality” and “national”
 The national of a State include not only its citizens who enjoy full civil and political privileges but also all others who are not its
citizens, but because they owe allegiance to it, are not regarded as aliens, while all citizens are nationals of a State, not all nationals are
citizens of a State
ARTICLE IV: CITIZENSHIP
Sec 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  
4. Those who are naturalized in accordance with law.
Sec 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.
Sec 3
Philippine citizenship may be lost or reacquired in the manner provided by law.
Sec 4
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to
have renounced it.

Sec 5
Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
DUAL ALLEGIANCE OF CITIZENS
Section 5 prohibits more particularly naturalized Filipinos from practicing what is called “dual allegiance” which refers to the continued
allegiance of naturalized national to their country even after they have acquired Filipino citizenship. It is declared inimical to national interest.
And congress is required that it be dealt with by law.
Dual citizenship, on the other hand, refer to the possession of two citizenships by an individual, that of his original citizenship and that of the
country where he became a naturalized citizen.
CITIZENSHIP
- is a term denoting membership of a citizen in a political society, which membership implies, reciprocally, a duty of allegiance on the
part of the member and duty of protection on the part of the State.
- person having a title in a territory called citizen
WHAT ARE THE BASES OF ACQUIRING CITIZENSHIP?
There are 3 bases for acquiring citizenship by birth, namely:
1) Jus soli (right of soil) which is the legal principle that a person’s nationality at birth determined by the place of birth (i. e., the territory
of a given state).
- Jus soli is the law of the soil, or where one is born.
- The 14th Amendment confers citizenship to any person born within the United States.
2) Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural
parent/s. The Philippines adheres to this principle;
- Jus sanguinis is the law of the blood, or to whom one is born.
- A child who is born abroad to at least one citizen, and who has at some time lived within the Unites States, can petition for citizenship.
3) Naturalization which is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. It implies
the renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. (2 Am.Jur.561, par.
188)
WHAT ARE THE MODES OF ACQUIRING CITIZENSHIP?
There are two (2) generally recognized modes of acquiring Philippine citizenship, namely:
1) By birth; and
Jus soli (right of soil) which is the legal principle that a person’s nationality at birth determined by the place of birth (i. e., the territory of a
given state).
Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The
Philippines adheres to this principle;
2) By naturalization which is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. It
implies the renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. (2
Am.Jur.561, par. 188)
WAYS OF ACQUIRING BY NATURALIZATION
 A person may be naturalized in three ways:
1. By judgment of the court,
 The foreigner who wants to become a Filipino citizen must apply for naturalization with the proper Regional Trial Court. The revised
naturalization act is the present naturalization law; such law shall also continue in force pursuant to the transitory provision of the
Constitution (Art. XVII, Section 3)
2. By direct act of congress
  In this case our law-making body simply enacts an act directly conferring citizenship or a foreigner.
3. By administrative proceeding
 Under R. A. No. 9139 (Jan 8, 2001), Known as the administrative naturalization law of 2000, “aliens born and residing in the
Philippines may be granted Philippine citizenship by administrative proceedings before a special committee on naturalization. The
petition for citizenship shall be filled with the committee which have the power to approve, deny, or reject application as provided in
the law.
WHO MAY QUALIFY AS PHILIPPINE CITIZEN BY NATURALIZATION UNDER THE REVISED NATURALIZATION ACT?
Under Section 2 of the revised Naturalization Law the applicant must possess the following qualifications:
 He must not be less than twenty-one years of age on the day of the hearing of the petition;
 He must have resided in the Philippines for a continuous period of not less than ten years;
 He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted
himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the
constituted government as well as with the community in which he is living;
 He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known
lucrative trade, profession, or lawful occupation;
 He must be able to speak or write English or Spanish or anyone of the principal languages;
 He must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Public
Schools of the Philippines where Philippine history, government and civics are taught or prescribed as part of the school curriculum,
during the entire period of the residence in the Philippines required of him prior to the hearing of the petition for naturalization as
Philippine citizen;
WHO ARE NOT QUALIFIED TO APPLY FOR NATURALIZATION OF THE REVISED NATURALIZATION LAW?
Under Section of 4 of the Revised Naturalization Law, the following persons cannot qualify for Philippine citizenship:
 Persons opposed to organized government of affiliated with any association or group of persons who uphold and teach doctrines
opposing all organized governments;
 Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and
predominance of their ideas;
 Polygamists or believers in the practice of polygamy;
 Persons convicted of crimes involving moral turpitude;
 Persons suffering from mental alienation or incurable contagious diseases;
 Persons who during the period of their stay in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a
sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
 Citizens or subjects of nations with whom the Philippines is at war;
 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 subject thereof;

Republic Act No. 9225 (August 29, 2003)

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT
AMENDING FOR THE PURPOSE COMMONWEALTH ACT NO. 63, AS AMENDED AND FOR OTHER PURPOSES
“Citizenship Retention and Re-acquisition Act of 2003”
Section 3. Retention of Philippine Citizenship
Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country
are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:
“I ____________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the
laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the
supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself
voluntarily without mental reservation or purpose of evasion.”
Section 4. Derivative Citizenship
The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine
citizenship upon effectivity of this Act shall be deemed citizenship 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 be 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 Section 1, Article V of the Constitution, Republic
Act No. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public officer authorized to administer an oath;
(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
POLITICAL PARTY: a group of people who have joined together because they share common principles, common beliefs, and common
values, and they are seek to control government by winning elections.
: a group of people that is organized for the purpose of winning government power, by electoral or other means. Voluntary association of
individuals who advocate certain principles or policies as superior to all others for the general conduct of government and which nominates and
supports certain of its leaders as electoral candidates.
: May have weakened, but they will survive because they are the major connection between the people and the policy makers. If political
parties no longer existed, who would we the people blame all of our problems on?
PLATFORM: a public statement of the party’s main beliefs and guiding principles
5 FUNCTIONS OF POLITICAL PARTIES
1. The Nomination Function – the major function of political parties is nominate candidates for public office.
- Parties recruit and choose candidates; they provide nominees with a solid support base.
2. The Informer-Stimulator Function – the party helps to inform and stimulate their members’ interest and participation.
- Parties take stand on issues and criticize their opponents; they use the media to perform their educational function.
3. The Bonding Agent Function – the party serves as a bonding agent to ensure the good performance of its candidate and office
holders. ** Get candidates that are qualified and of good character, or at least not unqualified and without serious blemishes on their
record.
 - Parties try to nominate people that are qualified and of good character; they work to ensure the elected officials perform their duties
well.
4. Government Function – to conduct the business of running the government; passes laws.
- Parties appoint state and national officials on a partisan basis; they encourage the cooperation between the branches.
5. The Watchdog Function – parties act as a “watchdog” over the conduct of the public’s business.
- Party out of power scrutinizes and criticizes the actions of government officials; they force officials to be more responsive to public.
a. Particularly the function of the minority party.
b. Example: Criticize the policies of the party in power.
INTEREST GROUPS:
ONE PARTY SYSTEM
- In some countries, only one party is allowed to control and run the government. For example, in China, only the Communist Party is
allowed to rule.
TWO PARTY SYSTEM
- In some countries, power is shared between two main parties. For example, the USA and UK are two party system.n
Democrats Republicans
African Americans White Males
Jewish Americans Members of the Business Community
Both have middle class
Members of Labor Unions Higher incomes
Lower incomes Catholics & Protestants
Thomas Jefferson and his followers created the basis for the Democratic-Republicans
MULTI PARTY SYSTEM
- If several parties compete for power, and more than two parties have reasonable chance of winning, we call it a multi-party system. In
India we have a multi-party system. Since multi-party system tend to offer more choices to the voters, it is often considered better than
the other party systems.
COMPARISON BETWEEN TWO PARTY AND MULTIPLE PARTY SYSTEM
TWO PARTY SYSTEM MULTI PARTY SYSTEM
The two party system presents voters a simple choice. Multi party system provides voters with many choices.
This provides for stable governance. Government is not stable in this system
Two party systems are not as flexible because they have a more A multi party system is more responsive to a change or shift in
or less rigid set of opinions on every issue. public opinion.
Examples: USA and UK Example: India

THE ELECTORAL PROCESS

Basic Understandings
- To hold political office, a person must go through a series of steps.
- It is a long process that begins with winning the party nomination, and ends with the winning of the election.
- The Constitution, Federal and State Laws protect this process.
THE NOMINATING PROCESS
- To be named to run for office is the first step in serving as a public official.
- The nominating process limits the choices that voters have on election day.
- There are five ways to be nominated.
Essential Ideas
- The nominating process is the way Americans choose people for public office
- American voters elect candidates in general elections
- Political Parties and Candidates spend enormous amounts of money during an election
Five Types of Nomination
1. Self Announcement
- A person who wishes to run for a position in government/office, can announce it.
- Often they will call a press conference and invite people to be in the audience for the official announcement.
- A write in candidate can also be an example of self announcement.
2. The Caucus
- A caucus is a private meeting of members of a political party. They meet to decide which candidate to support.
- Often the party members will interview prospective candidates and choose the one they feel has views closest to theirs
- The party will “vet” the possible candidates to be sure they are without blemish and will represent the party well.
3. The Convention
- A convention is a meeting of delegates of a specific political party.
- Conventions are held at the County, State and National levels.
- Delegates continue to vote until there is a clear majority for one candidate for each office.
4. The Direct Primary
- There are OPEN and CLOSED Primaries. States determine which type they will have.
- Closed Primaries only allow registered party members to vote. Members of the specific party choose a fellow party member to run for
office.
- Open Primaries let any registered voter elect a candidate. Sometimes an opposition party will use the primary against their rival
groups.
5. Nomination by Petition
- To be nominated by petition, a candidate must get a certain number of registered voters from their party [usually 10-20% of voters per
precinct] to sign a petition or written request.
- Petition must be returned to the commissioner of elections by a specific date and must contain the correct number of signatures.
- Signatures are certified by the commissioner.
Elections
Once nominated by their party, candidates face each other in a general election. These are final elections where the voters choose who they
want to hold the office.
Gerrymandering
Although traditionally states had only done this once a decade, in recent years aggressive Republican efforts to gain House seats led states like
Tom DeLay’s Texas to redraw district lines not once but twice after the 2000 census.
Following each census, House seats are reapportioned to reflect the changing geographical distribution of the American population.
As a result of reapportionment, states often must redraw district lines. This creates an opportunity for gerrymandering.
Propaganda Technique
- Swaying the opinion of the masses with words. Manipulate, influence, and win.
- There are eleven techniques that are commonly used to get others to do what we want them to do they are:
1. TESTIMONIALS
- Testimonials are quotations or endorsements, in or out of context, which attempt to connect a famous or respectable person with a
product or item.
2. BANDWAGON
- Bandwagon is an appeal to follow the crowd, to join in because others are as well. Bandwagon propaganda is trying to convince the
subject that one side is the winning side, because more people have joined it. The subject is meant to believe that since so many people
have joined, that victory is guaranteed.
- The subject is to be convinced by the propaganda that since everyone else is doing it, they will be left out if they do not.
3. CARD STACKING OR SELECTIVE OMISSION
- It involves only presenting information that is positive to an idea or proposal and omitting information contrary to it. Card stacking is
used in almost all forms of propaganda, and is extremely effective in convincing the public. The best way to deal with card stacking is
to get more information.
4. GLITTERING GENERALITIES
- It also occurs very often in politics and political propaganda. Glittering generalities are words that have positive meaning for people.
When these words are used, they demand approval without thinking, simply because such an important concept is involved.
- For example, when a person is asked to do something in “defense of democracy” they are more likely to agree. Words often used as
glittering generalities are honor, glory, love of country, and especially in the Unites States, freedom.
5. PLAIN FOLKS
- A method used to convince the public that a person’s views reflect those of the common person and that they are also working for the
benefit of the common person.
- The person will often attempt to use the accent of a specific audience as well as using specific idioms or jokes or may attempt to
increase the illusion through imperfect pronunciation, stuttering, and a more limited vocabulary. Errors such as these help add to the
impression of sincerity and spontaneity.
6. NAME CALLING
- It is the use of derogatory language or words that carry a negative connotation when describing an enemy. Often, name calling is
employed using sarcasm and ridicule, and shows up often in political cartoons or writings.
7. TRANSFER
- Transfer is often used in politics and during wartime. It is an attempt to make the subject view a certain item in the same way as they
view another item. Although this technique is often used to transfer negative feelings for one subject to another, it can also be used in
positive ways.
- By linking an item to something the subject respects or enjoys, positive feelings can be generated for it. However, in politics, transfer
is most often used to transfer blame or bad feelings from one politician to another of his friends or party members, or even to the party
itself.

8. SIMPLIFICATION OR STEREOTYPING
- This method often reduces a complex situation to a clear-cut choice involving good and evil. This technique is often useful in swaying
uneducated audiences.
9. ASSERTION
- An enthusiastic or energetic statement presented as a fact, although it is not necessarily true.
- Any time an advertiser states that their product is the best without providing evidence.
- The subject, ideally, should simply agree to the statement without searching for additional information or reasoning. Assertions,
although usually simple to spot, are often dangerous forms of propaganda because they often include falsehoods or lies.
10. LESSER OF TWO EVILS
- This method tries to convince us of an idea or proposal by presenting it as the least offensive option. This technique is often
implemented during wartime to convince people of the need for sacrifices or to justify difficult decisions.
- This technique is often accompanied by adding blame on an enemy country or political group.
- One idea or proposal is often depicted as one of the only options or paths.
11. PINPOINTING THE ENEMY
- This method is used often during wartime, and also in political campaigns and debates. This is an attempt to simplify a complex
8situation by presenting one specific group or person as the enemy.