Chapter 5: Citizenship and Domicile

a. Who are Citizens of the Philippines?

Natural-born Filipino citizens are citizens of the

Philippines from birth without having to perform any
act to acquire or perfect their Philippine citizenship.
If they are born on and after 17 January 1973, their
father or mother should be a Filipino citizen at the
time of their birth.

If born before 17 January 1973, their father should

be a Filipino citizen. If the father is not a Filipino
citizen, the mother should be a Filipino citizen and
the applicant should have elected Philippine
citizenship upon reaching the age of majority (18
years old).

b. Dual-Citizenship

Republic Act 9225 otherwise known as the

Citizenship Retention and Reacquisition Act of 2003
(more popularly known as the Dual Citizenship Law)
enables former natural-born Filipinos who have
become naturalized citizens of another country to
retain/reacquire their Philippine citizenship by taking
an oath of allegiance to the Republic of the
Philippines before a Philippine Consular Officer.
Upon retaining/reacquiring their Philippine
citizenship, they shall enjoy full civil, economic and
political rights as Filipinos.

c. Naturalization: its Meaning, Process and Effect

For foreign individuals who wish to become Filipino citizens, the process of
naturalization offers a pathway to gain Philippine citizenship. This article
serves as a comprehensive guide, outlining the requirements and
procedures for obtaining naturalization in the Philippines.

Step 1: Eligibility Requirements

 To be eligible for naturalization, you must meet the following

requirements:
 Be at least 18 years old.
 Have resided in the Philippines for a continuous period of at
least 10 years.
 Possess good moral character and have no criminal record.
 Be able to speak and write in Filipino or any of the Philippine
regional languages.
 Have a thorough understanding of the Philippine
government, culture, and history.

Step 2: Document Preparation

 To initiate the naturalization process, you must gather and

prepare the following documents:
 Birth certificate or equivalent proof of identity and age.
 Marriage certificate (if applicable).
 Proof of residence in the Philippines for at least 10 years.
 Police clearance and NBI clearance (to establish good moral
character).
 Affidavit of Intent to become a Filipino citizen.
 Two character references from reputable individuals.

Step 3: Filing of Application

 Once you have prepared the necessary documents, you can

proceed with the filing of your naturalization application at
the Bureau of Immigration (BI) or the Philippine
Embassy/Consulate in your country of residence.
  Complete the application form and attach the required
documents.
 Submit the application form and pay the prescribed fees.
 Wait for the processing of your application, which may take
several months.

Step 4: Naturalization Hearing

 Upon the approval of your application, you will be

scheduled for a naturalization hearing. During the
hearing, you will be required to take an oath of
allegiance to the Republic of the Philippines and
answer questions related to your application.

Step 5: Oath-Taking and Issuance of Naturalization Certificate

 After successfully completing the naturalization

hearing, you will take an oath of allegiance and be
issued a Naturalization Certificate, officially declaring
you as a Filipino citizen.

d. What is Domicile?

The terms “Domicile” and “Residence” are terms

often interchanged and mistaken as the same.
However, the two have different legal definitions
and implications. “Domicile” is your “permanent
home,” while “Residence” is your “temporary home.”

Generally, there are three kinds of

domicile: domicile of origin, domicile of choice, and
domicile by operation of law. At birth a person
acquires a domicile of origin, almost always that of
his father. If the father is deceased or a child is born
out of wedlock, the domicile is that of his mother.

Chapter 6: Selected Topics in the Bill of Rights

a. Right to Due Process and Equal Protection of Law

In a broad sense, due process is interpreted here

as the right to be treated fairly, efficiently and
effectively by the administration of justice. The
rights to due process place limitations on laws and
legal proceedings, in order to guarantee
fundamental fairness and justice.
Three types of due process are procedural (right to
have a fair and just legal proceeding, incorporation
(Bill of Rights protection extends to states), and
substantive (rights outside of legal proceedings
must also be protected

Equal Protection

It states: "Every individual is equal before and under

the law and has the right to the equal protection and
equal benefit of the law without discrimination and,
without discrimination based on race, national or
ethnic origin, colour, religion, sex, age or mental or
physical disability.

b. Right Against Illegal Searches and Seizures

Article III, Section 2 of the Constitution provides:

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, 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.
The foregoing wording of Article III, Section 2 of the
Constitution implies that there may be instances
when there can be "reasonable" searches and
seizures which may be valid, even if done without a
warrant.

It should be noted that what may be "reasonable" in

relation to a lawful warrantless search may be
different from what may be "reasonable" in relation
to a lawful warrantless arrest. The reasonableness
must be considered in relation to the values being
protected by the Constitution.

The right against unreasonable searches protects

the implicit right of the person to be left alone or the
person's right to privacy. In other words, the right
recognizes and protects inviolable spaces, which
cannot be intruded into by the State, except when
compelling State interests are present, and even
then, only when such intrusion is the least restrictive
way to meet that State interest.

Search warrant- A search warrant is a written

order, signed by a judge, directing a law
enforcement officer to conduct a search of a
person or property and seize property
specified in the warrant. (b) Persons or
Property which may be Seized with a Warrant.

Search warrants must be in duplicate, both

signed by the judge. The duplicate copy
thereof must be given to the person against
whom the warrant is issued and served. Both
copies of the warrant must indicate the date
until when the warrant shall be valid and must
direct that it be served in the daytime.
 Warrant of Arrest - In the Philippines, arrest
warrants are issued by a judge and are a
crucial part of the criminal justice process.
They are issued based on probable cause and
are necessary for law enforcement officers to
carry out arrests without a warrant in specific
situations

Question: Can police officers in the Philippines

take me to the police station without a
warrant?

ANSWER:
The general rule in the Philippines is that a person cannot
be arrested, detained, or taken to the police station
without a valid warrant of arrest. However, there are
exceptions to this rule, as outlined in the Revised Penal
Code and the Rules of Court. Here are the circumstances
where a warrantless arrest is permissible:
1. In-Flagrante Delicto Arrests:
 A person can be arrested without a warrant if, in the
presence of the police officer, the person has
committed, is actually committing, or is attempting
to commit an offense. Essentially, the police officer
is witnessing the crime as it happens.
2. Hot Pursuit Arrests:
 A police officer may arrest a person without a
warrant if the person has just committed an offense,
and the officer has personal knowledge of facts
indicating that the person is responsible for the
crime. The arrest must be made shortly after the
criminal act.
3. Arrests of Escaped Prisoners:
 If a person has escaped from prison or detention or
is evading the service of a valid sentence, they can
be arrested without a warrant.
4. Arrest of a Person who Voluntarily Surrendered:
  A person who voluntarily surrendered and
confessed to committing a crime before any law
enforcement personnel or government functionary
can be taken into custody without a warrant.
5. Lawful Arrests during Checkpoints:
 While routine inspections during checkpoints don't
justify a warrantless arrest, if, during the course of
the checkpoint inspection, there's visible evidence
of a clear violation of the law (like illegal possession
of firearms or prohibited drugs), a warrantless arrest
may be made.
It's important to note the following:
 Even during a valid warrantless arrest, an arrested
individual has rights, including the right to remain
silent and the right to counsel.
 The arresting officer must inform the arrested
individual of their rights, reasons for the arrest, and
show a proper identification.
 Any arrest or detention should be immediately
reported to the nearest court.

c. Freedom of The Press and of Expression

Freedom of expression is the freedom for us all to

express ourselves. It is the right to speak, to be
heard, and to participate in political, artistic, and
social life. It also includes the 'right to know': the
right to seek, receive, and share information through
any media.

d. Freedom of Assembly and the Right to Form Associations

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

e. Freedom of Religion
 he constitution provides for the free exercise of
religion and religious worship and prohibits the
establishment of a state religion. No religious test is
required for the exercise of civil or political rights.
The constitution provides for the separation of
religion and state.

f. Right to Remain Silent

The 1987 Constitution of the Philippines, in section

12(1) of Article 3 (Bill of Rights), states: 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

NOTE: An inquest is a swift process that follows

warrantless arrests, aiming to determine the
lawfulness of detention. In contrast, regular filing
involves a more extended preliminary investigation
where the accused is not under immediate
detention.

To answer or not to answer. That is the question.

Oftentimes in courtroom dramas, we would hear a
witness utter “I invoke the right to remain silent!” or
“I invoke the right against self-incrimination!”. So,
what is this so-called right?

The right against self-incrimination is found in Art.

III, Sec. 17 of the 1987 Philippine Constitution which
states that “No person shall be compelled to be a
witness against himself”. This is based on the
grounds of public policy and humanity — of policy,
because if the party were required to testify, it would
place the witness under the strongest temptation to
commit the crime of perjury, and of humanity,
because it would prevent the extorting of
 confessions by duress [U.S. vs. Navarro, G.R. No.
1272, 11 January 1904].

g. Right Against Self Incrimination

This right is available not only in criminal

prosecutions but also civil and administrative
actions, as well as legislative investigations. The
right against self-incrimination is bestowed to every
person who gives evidence, whether voluntary or
under compulsion of subpoena, in any civil, criminal
or administrative proceeding. The right against self-
incrimination applies only to testimonial compulsion.

h. Writ of Habeas Corpus

is a legal action or writ by means of which detainees can

seek relief from unlawful imprisonment.

Writ of Amparo

Whose right to life, liberty and security is violated

or threatened with violation by an unlawful act or
omission of a public official or employee, or of a
private individual or entity. enforced
disappearances or threats.

Writ of Habeas Data

The writ of habeas data is a remedy available to any

person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act
or omission of a public official or employee, or of a
 private individual or entity engaged in the gathering,
collecting or storing of data or information

I.
Chapter 7: Persons

'persons are of two kinds: natural and artificial. A

natural person is a human being. Artificial persons
include (1) a collection or succession of natural
persons forming a corporation; (2) a collection of
property to which the law attributes the capacity of
having rights and duties.

a. Capacity, Defined

Juridical capacity is the fitness to be the subject of

legal relations; it is inherent in every natural
person. Capacity to act is the power to do acts
with legal effect; it may be acquired and it may
also be lost; it is acquired upon the attainment of
the age of majority.

b. Birth Determines Personality

Birth determines personality; but the conceived

child shall be considered born for all purposes that
are favorable to it, provided it be born later with
the conditions specified in the following article.

For civil purposes, the foetus is considered born if

it is alive at the time it is completely delivered from
the mother's womb. However, if the foetus had an
intra-uterine life of less than seven months, it is
not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal
womb.womb.