Professional Documents
Culture Documents
Citizenship VotersEducation SMontales
Citizenship VotersEducation SMontales
•CITIZENSHIP
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
What is Citizenship?
[c] By Marriage
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Who are Filipino Citizens under the 1987
Constitution?
A.Yes
B.No
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Tanggol, 30, was born in the Philippines from
parents Ramon, a Filipino, and Marites, a
Brazillian. Is Tanggol a Filipino citizen?
A.Yes
A.Filipino
B.American
C.Both A and B (dual citizenship)
D.Both A and B (dual allegiance)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PROBLEM:
Tanggol, 30, was born in the United States from
parents Ramon and Marites, both Filipino
citizens. What is/are Tanggol’s citizenship?
A.Filipino
B.American
C.Both A and B (dual citizenship)
D.Both A and B (dual allegiance)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PROBLEM:
Tanggol, 30, was born in the United States from parents Ramon
and Marites, both Filipino citizens. Philippine laws only allow
Filipino Citizens to run for public office. Tanggol wishes to run
as Barangay Captain in Brgy. Siga in Quiapo. Is he disqualified
to run in the barangay election?
A.Yes
B.No
C.It depends
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PROBLEM:
Tanggol, 30, was born in the United States from parents Ramon
and Marites, both Filipino citizens. Philippine laws only allow
Filipino Citizens to run for public office. Tanggol wishes to run
as Barangay Captain in Brgy. Siga in Quiapo. Is he disqualified
to run in the barangay election?
A.Yes
B.No
C.It depends
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
As it now stands, dual citizens are subject to
one essential requirement for them to be
qualified to run for public office:
In compliance with the provisions of Sec 5 (2) of R.A.
9225 or the … it is necessary that the candidate for public
office must state in clear and unequivocal terms that
he/she is renouncing all foreign citizenship.
[Lopez v. COMELEC, G.R. No. 182701, July 23, 2008].
Those, who, during the period of their residence in the Philippines, have
not mingled socially with Filipinos or who have not evinced a sincere desire
to learn and embrace customs, traditions and ideals of Filipinos
•CITIZENSHIP
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PART 2
Universal Declaration
Natural Rights of Human Rights
(UDHR)
Article III, 1987
Constitution Civil Rights,
Collective Righrs
(Bill of Rights)
Political Rights
Article V, 1987 Constitution
(Right to Suffrage)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
UDHR
OVERLY BROAD
(overbreadth doctrine)
CHILLING EFFECT
VAGUE
(VOID-for-VAGUENESS
Doctrine)
CUSTOMS SEARCH
•Voter’s Education
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
What is SUFFRAGE?
The right to vote in :
• the election of officers chosen by the people and
• The determination of questions submitted to the people
SCOPE:
ELECTION PLEBISCITE INITIATIVE REFERENDUM
The means by an electoral process Power of the people the power of the
which people by which an to: electorate to
a) Propose
choose their initiative on the approve or reject
amendments to the
officials to whom Constitution is Constitution a legislation
they will entrust the approved or b) Propose & enact through an election
powers of the rejected by the legislation through an called for the
government people
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
election called for the purpose."
purpose
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
The right to suffrage is a political right, granted
only to those intended by the constitution to
participate in the governance. It is not a natural
right that can be demanded from the
government.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
In the Philippines, suffrage is both
A PRIVILEGE AND
AN OBLIGATION.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Those eligible to register as
regular/barangay voters are:
• any Filipino citizen
• at least 18 years of age on or before the barangay
elections
• a resident of the Philippines for at least one year,
• a resident in the place wherein he/she intends to
vote for six months immediately preceding the
election; and
• not otherwise disqualified by law.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
FOR SK ELECTIONS:
• Filipino citizens
• at least 15 years old but not more than 30 years of
age on or before election day,
• a resident for six months in the place wherein
he/she intends to vote immediately preceding the
election;
• and are not otherwise disqualified by the law.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Who are NOT QUALIFIED to vote?
B) Absentee Voting
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
DOMESTIC ABSENTEE OVERSEAS ABSENTEE
VOTING VOTING
DETAINEE VOTING
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Sec. 12, Republic Act No. 7166 “DOMESTIC
ABSENTEE VOTING”
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales Applies to AFP, PNP and
government officers
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
DETAINEE VOTING
RESOLUTION CHR (IV) NO, A2009-131
• Process by which a registered
detainee voter casts vote in a
specially designated polling
place inside jails or elsewhere,
provided registration record is
not transferred , deactivated or
cancelled or deleted.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
A DETAINEE is a person who is:
1. Confined in jail, formally charged for
any crime and awaiting or undergoing
trial OR
2. Serving sentence of imprisonment for
less than 1 year OR
3. Whose conviction of a crime involves
disloyalty to the government (ex.
Rebellion, Sedition, Violation of
Firearms Law) and is on appeal
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Universal Declaration of Human
Rights (UDHR)
UDHR
• more or less 52% of voters come from the youth sectors. A large
part of you will decide the future of the Philippines.