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1) (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 nineteen hundred and thirty- five.
(4) Those who are naturalized in accordance with law.
2) 1973 vs 1935
Where the 1935 Constitution recognized those whose fathers were
Filipinos as citizens, the same does not hold true for those with
alien fathers and Filipino mothers. They need to first elect to become
citizens upon reaching the age of majority;
2. The 1973 Constitution required that both parents must be Filipinos;
3) 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 Philippine
adheres to this principle.
4) jus sanguinis rule. Under the 1973 Constitution, however, children born of Filipino
mothers were already considered Filipinos.
5) No
6) Naturalization
7) Suffrage is a political right wherein the citizens of the country has a participation
in choosing its leaders. As a citizen you have the political right in a state you are
in and it includes the right of suffrage. It is an endowed right once you become a
citizen and it should be exercised properly. Through suffrage the people’s
participation in the government is counted. It is also the venue wherein the
people be able to democratically support their candidates during election. It is an
important political right because it where people’s participation is counted
through voting the deserving individual for a particular position in the
government. Through suffrage it is where the voice of the people is channeled.
Exercising suffrage is also the basis of the country’s future. As a citizen of the
country, you have the right to choose for the people you want to be in the
government who will lead the people and will serve as guardians of the state.
8) Disqualifications: (discuss)
1. Any person sentenced by final judgment to imprisonment of not less than 1
year, which disability has not been removed by plenary pardon, provided,
however, That such a person shall automatically reacquire the right to vote upon
expiration of 5 years after service of sentence.
3. Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
4. Insane or incompetent persons as declared by competent authority.
9) Art 6 sec 1- the congress is solely has legislative power with exceptions by
provisions on initiative or referendum. Though the congress has the power to
legislate there is also the power vested upon the people through provision of
initiative wherein the people has the power to propose amendments with regards
to the Constitution and has also the power to approve or reject legislation through
an election pursuant to the provision of a referendum.
Initiative: The power of the people to propose
amendments to the Constitution or to propose and
enact legislation called for the purpose.
Referendum: Power of the electorate to approve or
reject legislation through an election called for the
purpose.
10)Non-delegability of legislative power
Doctrine of Non-delegation of legislative powers: The rule is delegata potestas
non potest delagari-what has been delegated cannot be delegated. The doctrine
rests on the ethical principle that a delegated power constitutes not
only a right but duty to be performed by the delegate by the instrumentality of his
own judgment and not through the intervening mind of another.
11)Exceptions to non-delegability of legislative
power: (PETAL)
1. Delegation to the people through initiative and referendum
2. Emergency powers delegated by Congress to the President
3. Congress may delegate tariff powers to the President
4. Delegation to administrative bodies
5. Delegation to local governments
12)Independence of the Electoral Tribunals
The Congress may not regulate the actions of the electoral tribunals even in
procedural matters. The tribunal is an independent constitutional body electoral
tribunal independent from Congress. It is believed that this system tends to
secure decisions rendered with a greater degree of impartiality and fairness to all
parties. It also enables Congress to devote its full time to the performance of its
proper function, which is legislation, rather than spend part of its time acting
as judge of election contests. Its jurisdiction to hear and decide
congressional election contests is not to be shared by it with the Legislature nor
with the Courts. "The Electoral Commission is a body separate from and
independent of the legislature and though not a power in the tripartite scheme
of government, it is to all intents and purposes, when acting within the limits of its
authority, an independent organ; while composed of a majority of members of the
legislature it is a body separate from and independent of the legislature. [Bondoc
v. Pineda, (1991)]
13)War
War is defined as “armed hostilities between the two states. The Congress, by a
vote of two-thirds of both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war
14). Executive Impoundment- refusal of the President to spend funds already
allocated by Congress for specific purpose. It is the failure to spend or obligate
budget authority of any type (Philconsa vs. Enriquez,
G.R. No. 113105. August 19, 1994)
15)The privilege of immunity from
suit pertains to the President by virtue of the
office and may be invoked only by the holder
of the office; not by any other person in the
President's behalf.
Thus, an accused in a
criminal case where the President is a
complainant cannot raise the presidential
privilege as a defense to prevent the case from
proceeding against the accused.

Moreover, there
is nothing in our laws that would prevent the
President from waiving the privilege. The
President may shed the protection afforded by
the privilege and submit to the court's jurisdiction.

Privilege of immunity from suit is personal to


the President and may be invoked by him
alone. It may also be waived by the
President, as when he himself files suit.

The President as such cannot be sued, enjoying


as he does immunity from suit, but the validity of
his acts can be tested by an action against
the other executive officials or such
independent constitutional agencies as the
Commission on Elections and the Commission on
Audit. [Carillo vs. Marcos (1981)]

16)Executive privilege- the power of the President to withhold certain types of


information from the public, from the courts, and from Congress
17)Under the Constitution, Article VII, Section 4, paragraph 5, “the person having the
highest number of votes shall be proclaimed elected, but in case two or more
shall have ail equal and highest number of votes, one of them shall forthwith be
chosen by the vote of a majority or all the Members of both Houses of the
Congress, voting separately.” Thus, in case of a tie for president and vice-
president, Congress, as the representative of the people, shall vote separately to
break such tie.
18)Ad-interim appointment - one made by the President while Congress is not in
session, takes effect immediately, but ceases to be valid if disapproved by the
Commission on Appointments or upon the next adjournment of Congress. (Art.
VII, Sec. 16, par. 2)
 Ad interim appointment – a
permanent appointment made by
the Pres in the meantime that
Congress is in recess. It is
permanent as it takes effect
immediately and can no longer be
withdrawn by the President once
the appointee has qualified into
office. The fact that it is subject to
the confirmation of the Commission
on Appointments does not alter its
permanent character. Hence, said
appointment is effective until (1)
disapproved by the CA or (2) the
next adjournment of Congress
[Matibag vs Benipayo (2002)]
19)Declaration of State of Rebellion
IBP v. Zamora, G.R. 141284
The factual necessity of calling out the armed
forces is something that is for the President to
decide, but the Court may look into the factual basis
of the declaration to determine if it was done with
grave abuse of discretion amounting to lack of
jurisdiction
Declaration
of the state of rebellion is within the calling-out
power of the President. When the President
declares a state of emergency or a state of
rebellion her action is merely a description of the
situation as she sees it but it does not give her new
powers. The declaration cannot diminish or violate
constitutionally protected rights. (Sanlakas v.
Executive Secretary, G.R. No. 159085, February
3, 2004.)
20)Pardons, and
 Permanent cancellation of sentence.
(BLACK)
 It is an act of grace proceeding from the
power entrusted with the execution of
the laws, which exempts the individual
on whom it is bestowed, from the
punishment the law inflicts for the crime
he has committed. It is a remission of
guilt, a forgiveness of the offense.

Plenary or partial
o Plenary - extinguishes all the
penalties imposed upon the
offender, including accessory
disabilities
o Partial – does not extinguish all
penalties imposed
 Absolute or conditional
o Conditional - the offender has the
right to reject the same since he
may feel that the condition imposed
is more onerous than the penalty
sought to be remitted.
o Absolute pardon - pardonee has no
option at all and must accept it
whether he likes it or not. In this
sense, an absolute pardon is similar
to commutation, w/c is also not
subject to acceptance by the
offender.
d. Remit fines and forfeitures, after conviction
by final judgment

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