Article 4

Citizenship
-it denotes membership of a permanent character in a political community
-A citizen of a state is one who owes allegiance to it and is correspondingly entitled to its
protection

Entitled of permanent protection since you owe allegiance when you have citizenship
Issue

2nd slide

The ff are citizens

Those who are citizens of the ph at the time of the adoption of this constitution
Those whose fathers or mothers are citizens of the ph
Those born before january 17, 1973, of filipino mothers, who elect Ph citizenship upon reaching
the age of majority
Those who are naturalized in accordance with law

january 17, 1973 where ph 1973 constitution is now effective

3rd slide

In Re: Petition of habeas corpus of willie yu vs. miriam defensor-santiago, january 24 1989
-it denotes membership of a permanent character in a political community
-ph citizenship, it must be stressed, is not a commodity or were to be displayed when required
and suppressed when convenient.

Removing citizenship is not easy, it requires a specific process

4th slide

Concept of citizenship

In the 18th century, the concept was limited, by and large, to civil citizenship, which established
the rights necessary for individual freedom, such as rights to property, personal liberty, and
justice

Its meaning expanded during 19th century to include political citizenship, which encompassed
the right to participate in the exercise of political power

Tecson v, Comelec march 3, 2004 tungkol kay fpj at sa kanyang citizenship na chinallenge
Nanay ni fpj ay us citizen, tatay ay filipino. (isa sa mga parents ay filipino) (isa siyang filipino)
Subjects of spain ang mga pilipino during spanish period.
Saka lang nagkaron ng citizenship noong dumating ang mga amerikano
Hindi nagpalista si fpj sr. kaya automatic filipino

Illegitimate term is now non marital and marital child

Fpj is a filipino citizen because father is filipino

5th slide

Take note

Citizen - member of democratic state

Subject - a member of a monarchical state

6th slide

Methods of acquiring citizenship

By birth
Jus Sanguinis - blood relationship is the basis for the acquisition under this rule. The children
follow the citizenship of the parents or one of them

Kahit na astronaut magulang at pinanganak sa outer space, kung isa sa magulang ay filipino,
filipino ang magiging citizenship ng bata

Jus Soli - place of birth serves as the basis for acquiring citizenship under this rule

Kung saan pinanganak, yun ang citizenship

Pinanganak siya sa u.s, siya ay u.s citizenship at filipino citizenship, dual citizenship

Pag foreign couple, nagkaanak sa ibang bansa, stateless person tawag, wala siyang
citizenship, need niya magreport sa nearest counselar office o embassy.

Gusto baguhin ni trump yung jus soli kasi maraming migrates na walang citizenship na
nagkakaanak at nagkakaroon agad ng dual citizenship sa u.s

If pinanganak ang bata sa isang u.s embassy, dual citizenship na agad. Embassy acts as an
extension of that state ng embassy na kung ano man yon
8th slide

Citizenship by naturalization

Judicial Process - Commonwealth Act. No. 473

Administrative Process - R. A No. 9139
Legislative Process
R.A 10636 - Andray Blatche
R.A 10146 - Marcus Doughtit

9th slide

Natural Born Citizens

Citizens of the philippines from birth without having to perform any act to acquire or perfect their
ph citizenship
Those born before January 17, 1973 of filipino mothers, who elect philippine citizenship upon
reaching the age of majority.

10th slide
Loss of citizenship

By naturalization in a foreign country

By express renunciation of citizenship
By subscribing to an oath of allegiance to support the constitution or laws of a foreign country
upon attaining 21 years of age or more
By rendering services to, or accepting commission in, armed forces of a foreign country
Cancellation of certificates of naturalization
By having been declared by competent authority, a deserter of the Philippine Armed Forces in
times of war
In the case of a woman, upon her marriage to a foreigner, by virtue of the laws in force in her
husband’s country, she acquires his nationality

Dating batas ay nakukuha agad ng babae ang citizenship ng foreigner niyang asawa.
Ngayon kailangan na ng due process, tulad ng naturalization
11th slide

Repatriation

Shall be effected by merely taking the necessary oath of allegiance to the Commonwealth of the
Philippines and registration in the proper civil registry
The privilege under R.A 8171 is available only to natural born Filipinos who lost their citizenship
on account of political or economic necessity, and the minor children of the said natural-born
Filipinos
This means that if a parent who had renounced his Ph citizenship due to political or ecnomic
reasons later decides to repatriate under R.A 8171, his repatriation also benefits minor children
according to the law

12th slide

Effects of repatriation

Moreover, repatriation results in the recovery of original nationality

This means that a naturalized filipino who lost his citizenship will be restored to his prior status
as a naturalized filipino citizen
On the other hand, if he was originally a natural-born citizen before he lost his philippine
citizenship, he will be restored to his former status as a natural born filipino

Pag umalis ng pilipinas, bumalik, naturalized ang status mo

14th slide

Derivative citizenship

The unmarried child, whether legitimate, illegitimate, or adopted, below 18 years of age of those
who reacquire philippine citizenship upon effectivity of this act shall be deemed citizen of the
philippines

Di pwedeng maiwanan ang mga bata o minors

15th slide

Doctrine of effective nationality

Article V of the Hague Convention of the Conflict of Laws

As far as the 3rd state is concerned, a person having more that one nationality shall be treated
as if he had only one
Either the nationality of the state where he habitually resides or the nationality of the
state where based on circumstances

It concerns about dual citizenship

Pag nagkaproblema sa isang foreign country, dalawa lang ang choices niya sa pagpili ng
nationality niya, either kung saang state siya madalas or sa state na closely related sa issue

Article 6

Our government are divided in 3 branches

Each department have power that no department can interfere

1st slide

Legislative Power

It is the authority under the Constitution to make laws, to alter them, and to repeal them.
Vested in Congress composed of House of Representatives and the Senate
The grant of legislative power to congress is plenary
Congress may legislate on any subject matter provided that the limitations are observed

Walang mas powerful sa pagitan house of representatives and the senate, same have
legislative power
Slide 2

The Senate

The senate is composed of 24 members elected by all qualified voters all over the country.
The Senators shall have the following qualifications:
Natural born citizens of the Philippines
At least 35 years old on the day of election
Able to read and write
A registered voter
A resident of the Philippines for at least two years before the election day

Senators have six-years term of office and may be re-elected for not more than two terms.

*not 2 consecutive years

Slide 3

The house of representatives

Composed of not more than 250 members

They shall be elected by the qualified voters in the different distiricts all over the country of
through the partylist systems

Slide 4

Number of members of house of representatives

The constitution states that the House shall be composed of not more than 250 members,
unless otherwise fixed by law and that at least 20% of it shall be sectoral representatives

At present 18th congress, there are 304 seats in the House of Representatives

Slide 5

District Representatives

Elected from legislative districts apportioned among the provinces, cities, and metro manila area

Qualifications of a Representatives
A natural born citizen of the Philippines
At least 25 years old on the day of election
 Able to read and write
A registered voter
A resident of the Philippines for not less one year before the election day

The congressmen have a term of three years and may be re-elected for not more than 3 terms

Slide 6

Party-List Representatives

Section 5, The partylist representatives shall constitute twenty per centum of the total number of
representatives including those under partly list

The labor, peasant, urban poor, indigenous, cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector

Slide 7

Qualified Sectors

Labor
Peasant
Fisherfolk
Urban Poor
Indigenous Cultural Communities
Erderly
Handicapped
Women
Youth
Veterans
Overseas Workers
Professionals

Slide 8

Disqualified Parties

Religious Sects
Foreign Organizations
Those advocating violence and Unlawful Means
Receiving support from any foreign government, foreginpolitical party, foundation. Organization,
whether directly or any of its officers or members or indirectly through third parties for partisan
election purposes. (politics of utang na loob)
Slide 9

Incompatible Office

May not hold any other office or employment in the government during his term without forfeiting
his seat
Forfeiture of the seat in Congress shall be automatic upon the member’s assumption of such
office deemed incompatible

You cannot have any other office from different branch of government, one must forfeit its
position to change into another

Slide 10

Forbidden Office

May not be appointed to any office created or the emoluments thereof were increase during the
term for which he was elected.

He cannot validly take the office even if he is willing to give up his seat

Cannot personally appear as counsel before any court, electoral tribunal, quasi judicial
administrative bodies during his term of office

Slide 11

Disciplining Members

Each House of Congress inter-alia to punish its Members, for disorderly behavior, and suspend
or expel a Member by a vote of the two-thirds of all its Members subject to the qualification that
the penalty of suspension, when imposed should not exceed sixty days

Mga hearing sa senate, committtee on ethics ang may hawak

Slide 12

Commission on Appointments

Senate President as ex-officio Chairman

Twelve Senators
Twelve Members of House of Representatives
Elected by each House on the basis of proportional representation from the political parties and
parties or organizations registered under the partylist system represented therein
In case of tie, the Chairman has to vote
Slide 13

The Electoral Tribunals

The SET consist of 6 Senators nominated by the Senate, and 3 Justices of the Supreme Court
of the Philippines, who are designated by the Chief Justice.

The equivalent tribunals for elections to the House of Representatives is the HRET or the House
of Representatives Electoral Tribunal

Slide 14

Duties of Legislative Department

Enact laws, amend, repeal

Choose who shall become President in case two or more candidates have equal number of
highest votes
Approve the annual budget of the government
Ratify treaties and agreements between the Philippines and other countries
Conduct inquiries and investigations in aid of legislation
Confirm through the Commission on Appointments certain appointees of the President
Declare the existence of a state war
Impose taxes
Impeach Government Officials

Slide 15

Sessions

The Congress has regular sessions through out the year which starts on the fourth monday of
July until June of the succeeding year

The President may also call on Congress for special sessions anytime to settle important issues
affecting the country.
Article 7

Executive Department

Implement the law

Slide 1

Article 7 the executive department

The president (sec. 1)

Executive power shall be vested in the President of the Philippines

May any other person exercise this power?

No. Only the president may exercise this power

Exception: Alter-ego Doctrine or Doctrine of Qualified Political Agency

The President shall have control of all the executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.

Function of the executive department is to execute and implement the laws. Ensure that it is
faithfully executed.

The president have the control of different executive departments

Slide 2

Doctrine of Qualified Political Agency - All executive and administrative organizations are
adjuncts of the Executive Department, and except in cases where the Chief Executive is
required by the Constitution or law to act in person or the exigencies of the situation demand
that he act personally, the multifarious functions of the Chief Exevutive are performed by and
through the executive departments and the acts are presumed to be acts of the Chief Executive,
unless disapproved.

Alter egos may act on behalf of president, as long as allowed by the president.

Not allowed if the Constitution or the law mandates that the president perform the acts.
Slide 3

Qualifications of President and Vice President

Natural born citizen of the Philippines

Registered Voter
Able to read and write
At least 40 years of age
Resident of the Philippines for at least 10 years

Elected by direct vote of the people for a term of 6 years, with no re-election

Slide 4

Re-election

Rule:

President, General Rule, no re-election

If president served for less that 4 years, example President Arroyo.

Vice-President Valid for re-election Only 2 successive terms

Meaning of re-election
(tatakbo uli)

Slide 5

Vice President

(in case the president dies or failed to do its tasks, vice pres will replace)

“Spare tire” not entirely true. Vice president may be appointed as a member of the cabinet.
Without need for confirmation.

Suppose not appointed, does that mean the vice-president does nothing? No. The
Vice-President may carry out their own projects as long as not violative of the Constitution and
the Law
Slide 6

Hierarchy of assuming presidency

Vice President
Senate President
Speaker of the House

Slide 7

Vice President

May assume presidency (Sec.8)

Death
Permanent Disability- Current Petition for Mandamus filed against President Duterte
Removal from Office - Impeachment
Resignation

Slide 8

Impeachment

Impeachable officers:

President
Vice President
Members of Supreme Court
Members of Constitutional Commissions
Ombudsman

Slide 9

Impeachment

Grounds:

Conviction of culpable violation of the Constitution

Treason
Bribery
Graft
Corruption
Other high crimes, or betrayal of public trust
Other high crimes depends on Congress to define
Slide 14

Executive prohibitions, inhibitions, disqualifications

Hold any other office or employment, unless allowed by law

Prohibition on practicing employment, directly or indirectly
Participate in any business
Be financially interested in any contract or franchise
Avoid conflict of interest in their office
Avoid nepotism (within 4th degree of consanguinity and affinity)

Slide 15

Presidential Immunity

Following the doctrine of state immunity from suit, and legislative immunity, does the president
have executive immunity?

Yes, the president has executive immunity.

The rationale is to assure the exercise of presidential duties and functions free from any
hindrance or distraction, considering that being a Chief Executive is ajob that, aside from
requiring all of the office holder’s time, also demands undivided

Slide 16

Question

A complaint for graft and corruption was filed against the incumbent president. The president
contends that he enjoys immunity from suit. The complainant, on the other hand, contends that
the Anti-Graft and Corrupt Act provides that any public official may be charged for violation of
this law, and that if the president were not to be charged during his term, then the case would be
dismissed. Decide.

The President is correct, The president enjoys immunity from suit following the doctrine
laid down in Soliven vs. Makasiar

Slide 17

What if the case was filed after the term of the president, may the president invoke the
immunity?

No. A non-sitting president does not enjoy immunity from suit, even for acts committed
during the latter's tenure
Slide 19

Following rumors and doubts as to the health of the incumbent president, a petition for
mandamus was filed against the president to disclose his health for purposes of determining his
capability to carry out his function as chies executive. The president invoked immunity from suit.
Is the president correct?

No, following the pronouncement of Rodriguez vs. Arroyo, there will be no criminal,
civil,.or administrative sanction on the president. A Writ of Mandamus is for the purpose of
mandating a government official to perform what is incumbent upon him. The Constitution
provides that the public shall be informed of the state of the president’s health

Slide 21

Executive Power

● Appointing Power
● Power of Control
● Commander in chief powers
● Pardoning Powers
● Borrowing Power
● Diplomatic Power
● Budgetary Powers
● Informing Power
● Residual Power
● Emergency Power
● Veto Power
● Power to Call Congress to Convene

Slide 22

Appointing Power

The president shall nominate and with consent of CoA, Appoint

Heads of the executive departments, ambassadors, other public ministers and consuls, officers
of the Armed Forces from rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution

All other officers of government whose appointment not provided for by law

Those whom the president may be authorized by law to appoint

Officers lower in ran whose appointments the Congress may vest in the President alone.
Slide 25

Types of Appointment

Regular appointment

Ad interim appointment - appointed during the recess of Congress, whether voluntary or

compulsory, but shall be effective only until disapproved by the CoA or until next adjournment of
Congress

Purpose: Need to appoint, while in recess, because it will hamper the progress of the
Country, avoid interruption in vital government services

don t look at it as temporary vs. permanent by rather by the manner which they were appointed

Slide 26

What’s the difference

Regular appointment

It does not take effect immediately and requires confirmation

Made while Congress is in session

Ad interim appointment

Permanent appointment as it takes effect immediately and can no longer be withdrawn by the
president

Made while congress is in recess

Slide 27

Once Congress resumes session, what would happen to an ad interim appointment?

By-Passed - Ad interim appointee may still be reappointed because it was not acted upon on
the merits of the appointee’s qualification

Not by-passed, but instead disapproved- May no longer be reappointed. The disapproval is final
as it is based on the merits of the appointee’s qualifications.
Slide 28

Limitations

Nepotic/Nepotism

Those within 4th civil degree of president to be appointed as member of the Constitutional
Commissions, Office of the Ombudsman, Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including GOCCs

Midnight appointments

2 months immediately before the next presidential election and up to the end of term, the
president or acting president shall not make appointments, except temporary appointments to
executive positions when continued vacancies will prejudice public service or endanger public
safety.

Slide 29

Midnight Appointments on judicial departments are allowed

Slide 30

Military Power

Graduated powers of the president

Calling out power

Suspension of the privilege of habeas corpus
Martial Law
Slide 35

Requirements for Martial Law

Actual invasion or rebellion; and

Public safety requires it.

Requirements upon declaration of Martial Law

Within 48 hours from declaration, submit report in person or in writing to Congress

Congress
Congress voting jointly, by a vote of a least majority, may revoke such proclamation
Congress, upon initiative of the president, may likewise extend the proclamation
If Congress is not in session, it shall convene within 24 hours from proclamation without need
for call
Supreme Court may review in appropriate proceeding filed by any citizen

Slide 36

Martial law effects

Does not suspend operation of Constitution

Does not supplant functioning of the civil courts or legislative assemblies
Does not authorize conferment of jurisdiction on military courts and agencies over civilians
Supensionof privilege shall apply only to persons judicially changed with rebellion or offenses
inherent to or directly connected with invasion
During suspension of privilege of the writ, the person arrested shall be charged within 3 days,
otherwise he shall be released.

*summary of these, even if there is martial law, the operation of the constitution is still in effect,
di dapat matakot may karapatan pa rin tayo.

Slide 37

The president cannot use call out powers during a pandemic because there is no invasion or
rebellion.
Slide 38

Pardoning Powers

Except in cases of impeachment, or as otherwise provided in the Constitution, the President

may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgement.

He shall also have the power to grant amnesty with the concurrence of all Members of the
Congress.

Slide 39

Pardon - private act of teh president, and excuses convict from service of sentence. It does not
erase criminal complexion of the act, as it applies prospectively. It can only be availed if there is
conviction by final judgement.

Amnesty - public act of the president, and erases criminal complexion of the act as though
innocent. There is no need for conviction.

Commutation - reduction of penalty imposed upon convince

Reprieve - suspension of death sentence

Slide 41

Limitations:

Not apply to impeachment cases

Only applies to final judgment
Does not apply to legislative contempt
Violation for election laws, rules and regulations, unless granted with favorable recommendation
from COMELEC

Slide 44

Treaty Making/Diplomatic Powers

No treaty or international agreement shall be valid and effective unless concurred in by at least
⅔ of all the members of the Senate

The power to ratify a treaty is vested in the president, and not the legislature. The role of the
Senate is limited to giving or withholding consent or concurrence to ratification
Slide 46

Informing Power

The President shall address Congress at the opening of its regular session. He may also appear
before it at any other time.

SONA, 4th monday of July every year.

Slide 47

Emergency Power

In times of war or other national emergenct, the Congress may, by law, authorize the
Preseident, 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.

*in order to avoid abuse of power, legislative department still checks before executive
department implement its power

Slide 48

This is a valid delegation of powers by Congress to the Executive, provided:

There is war or other national emergency

Limited period only
Subject ot restrictions as Congress prescribe
For purposes of carrying out national policy declared by Congress

Slide 49

Veto Power

Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
If he approves the same he shall sign it otherwise, he shall veto it and return the same with his
objections to the House where it originates

The president shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object
Slide 50

Rule on Veto Power

President has to veto entire bill

Exception, item veto is allowed only with regard to appropriation, revenue, tariff bills

Exception: doctrine of inappropriate provisions - provision that is constitutionally inappropriate

for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue
item

Slide 51

Pocket Veto - President fails to act on bill and the reason he does not return the bill to Congress
is that Congress is not in session.

This is not applicable in the Philippines. If a bill is left unsigned or not vetoed, it lapses into law
30 days

Slide 52

Power to Call Congress to Convene

Rule:

Congress convenes once every year on the fourth Monday of July

The President may call Congress to Convene

Case in point, D30 called congress to convene in relation to COVID 19 purposes of emergency
Powers.

Article 8

The Judicial Department

Interpreters of the law

Slide 1

The Judicial Power shall be vested in one Supreme Court and in such lower courts as may be
established by law
*no department other than judicial department have judicial powers, wala sa exec at legislative

Slide 2

Composition of Supreme Court

Composed of one Chief Justice and 14 Associate Justices

It may sit en banc or in its discretion, in divisions of three, five, or seven members

*decision of any division, is considered as the decision of the supreme court. Sa kabuuan sila
mababase once na may conflict.

Slide 3

Qualifications of Supreme Court Justices

A natural born citizen of the PH

At least 40 years old
A judge of a lower court or a practicing lawyer in the Philippines for at least 15 years
A person with proven competence, integrity , probity, and independence

Slide 4

Powers of the Supreme Court

Settle actual controversies involving rights which are legally demandable and enforceable
*may mga kasong dumadating sa sc kasi sila ang final arbirtrer kapag paulit ulit ang pagsampa

Determine whether there has been a grave abuse of power on the part of any branch of
government
*sila nag identify pag nag act ang isang branch of government ng more than the authority given
to them by the constitution

Slide 5

The Judicial and Bar Council

Chief Justice as ex officio chairman

Secretary of Justice as ex officio member
A representative of congress as ex officio member
A representative of the Intergrated bar
A professor of law
A retired member of the supreme court
A representative of the private sector

Slide 6

The regular members of the council shall be appointed by the President for a term of 4 years
with the consent of the Commisision on Appointments

Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least 3 nominees prepared by the the Judicial and Bar Council for
every vacancy

Such appointments need no confirmation *because it is a co equal branch of the CoA

Slide 7

The Court of Appeals

Composed of a Presiding Justice and 50 Associate Justices

Has 17 divisions composed of three members

Decides on appealed cases coming from the Regional Trial Courts and other constitutional and
administrative bodies

Slide 8

Regional Trial Court

Presided by a Regional Trial Judge in eact of the 18 regions of the country

It has jurisdiction over:

Criminal cases whose penalty is more than 6 years

Civil cases in which the total claim exceeds 400 thousand in metro manila and 300 thousand
outside Metro Manila

Cases incapable of pecuniary estimation

Slide 9

Metropolitan Trial Courts

Municipal Trial Courts in the towns and cities in the Metropolitan Manila, as distinguished from
the other political subdivisions in the Philippines are referred toas Metropolitan Trial Courts

In cities outside Metro Manila, the equivalent of the Municipal Trial Courts are referred to as
Municipal Trial Court in Cities

Slide 10

Municpal Trial Court

Every municipality in the Philippines has its own Municipal Trial Court

It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit
Trial Court if it covers two or more municipalities.

Slide 11

The Special Courts

Court of Tax Appeals

Created under R.A 1125 as amended by R.A 9282 which has the exclusive power to review on
appeal the decisions of the Commissioner of Internal Revenue involving internal revenue taxes
and the decisions of the Commissioner of Customs regarding customs duties

Slide 12

Sandiganbayan

Created by PD No. 1606 whose function is to hear and decide on cases of corruption involving
government officials and employment with SG 27 and above in the performance of their duties

R.A 10660 - April 16, 2015

Amended PD 1606
7 divisions with 3 members
Slide 13

Shariah Court

Created by PD 1083

Code of Muslim Personal Laws of the Philippines

Shariah courts handle cases or complaints such as divorce, property or real estate disputes,
child support, dowry questions, determination of degrees of affinity or consanguinity,
determination of paternity and filiation, and like cases.