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Filipino Citizenship

Rights of Filipino Citizens


w/ Voters’ Education
By
Atty. Shannah Marie O. Montales, MLL, LPT
September 30, 2023
Today’s Learning Goals
• Define citizenship/Distinguish citizenship from nationality/
CITIZENSHIP • Who are Filipino citizens under the 1987 Constitution?
• KNOW YOUR RIGHTS AS FILIPINO CITIZENS

• SELECTED RIGHTS UNDER ART 3, 1987


CONSTITUTION

• Right to Suffrage (Art 5, 1987 Constitution)


• Who are qualified/not qualified to vote
• Voting process
• VOTER’s EDUCATION • Absentee Voting/Voting for illiterate, Seniors, PWDs
• Challenges re: Suffrage

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


PART 1

•CITIZENSHIP
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
What is Citizenship?

› membership in a political or democratic community


which is personal & more or less permanent in
character
*possession of full civil and political rights

subject to: constitutional and statutory limitations

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


What is the difference between
CITIZENSHIP and
NATIONALITY?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


CITIZENSHIP NATIONALITY

membership in a political or membership in any class or form of


democratic community political community
which is personal & more or less
permanent in character Nationals may be CITIZENS [members
of a democratic community]
or
SUBJECTS
[members of a monarchical
community]

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


CITIZENSHIP NATIONALITY

membership in a political or membership in any class or form of


democratic community political community
which is personal & more or less
permanent in character Nationals may be CITIZENS [members
of a democratic community]
or
SUBJECTS
[members of a monarchical
community]

Conferred by a government of a not legally conferred; innate


country to individuals who meet the
requirements set by the country‘s law.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


CITIZENSHIP NATIONALITY

membership in a political or membership in any class or form of


democratic community political community
which is personal & more or less
permanent in character Nationals may be CITIZENS [members
of a democratic community]
or
SUBJECTS
[members of a monarchical
community]

Conferred by a government of a not legally conferred; innate


country to individuals who meet the
requirements set by the country‘s law.

Always includes the right/privilege of Does not necessarily include the


exercising full civil and political rights right/privilege of exercising full civil
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
and political rights
What are the usual modes of
acquiring citizenship?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Modes of Acquiring Citizenship
[a] BY BIRTH
[i] jus soli – right of soil – place of birth
[ii] jus Sanguinis – right of blood – relationship with parents

[b] Naturalization – adopting a foreigner, giving him with the privileges


of a native – born

[c] By Marriage
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Who are Filipino Citizens under the 1987
Constitution?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Who are Filipino Citizens under the 1987
Constitution?
Art. IV, Section 1-
➢Those citizens at the time of its adoption
➢Those whose fathers or mothers are citizens
➢Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority
➢Those naturalized in accordance with law
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Who are NATURAL-BORN
Citizens of the Philippines?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


NATURAL-BORN PH CITIZENS
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 shall be
deemed natural-born citizens [Sec. 2, Art IV, 1987
Constitution]
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
What happens if a
Filipino/Filipina
marries a foreigner?
Will s/he lose
his/her Filipino
citizenship?
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Sec. 4, Art IV, 1987 Constitution
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.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Are DUAL CITIZENS allowed in
the Philippines?
How does dual citizenship happen?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Yes. Dual Citizenship is allowed in
the Philippines.

WHAT IS DUAL CITIZENSHIP?


Dual Citizenship arises as a result
of concurrent application of
different laws of two or more
states, and thus the individual is
simultaneously considered as a
citizen of both states.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Is DUAL ALLEGIANCE
allowed in the Philippines?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


No. The 1987 Constitution itself provides for a policy against
Dual Allegiance:

Dual Allegiance of citizens is inimical to national


interest and shall be dealt with by law [Sec 5, Art IV].

What is Dual Allegiance?


This is a situation in which a person simultaneously owes LOYALTY, by
some positive act, to two or more states as a result of his/her own volition.
This is considered inimical to national interest.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
TAKE NOTE OF THE DIFFERENCE!!!

DUAL CITIZENSHIP DUAL ALLEGIANCE

arises as a result of concurrent a situation in which a person


application of different laws of simultaneously owes LOYALTY,
two or more states, and thus the by some positive act, to two or
individual is simultaneously more states as a result of his/her
considered as a citizen of both own volition. This is considered
states. inimical to national interest.

Allowed by law Prohibited by law and is inimical


to national interest.
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
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

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


REMEMBER:

The Philippine citizenship of the child born of


Filipino mother or father is never affected simply
because the nationality law of his alien parent makes
him also a citizen of his country; anyway, dual
citizenship is, by jurisprudence, allowed;

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Such as:
▪ Born of Filipino fathers and/or mothers in foreign countries which
follows the principle of jus soli;

▪ Born in the Philippines of Filipino mothers and alien fathers if by


the laws of their fathers’ country such children are citizens;

▪ Those who marry foreigners, if by the laws of the latter’s country,


the former are considered citizens, unless by their act or omission
they are deemed to have renounced Philippine citizenship (Gaudencio
Cordova vs. COMELEC, February 19, 2009)
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. 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].

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


PROBLEM:
Tanggol, 30, is a dual citizen of both the Ph and
the US. He filed a Certificate of Candidacy as
barangay captain in Brgy. Siga in Quiapo. The
COMELEC official who received his COC told him
that he was disqualified to run because:
(a)he was still a dual citizen and that
(b)He still needs to categorically renounce his US
citizenship
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Tanggol argued that:
(A)Dual citizens are absolutely allowed by
law to run for public office
(B) the filing of his COC automatically
operates as a renunciation of his
foreign citizenship because in the
COC, he already declared under oath
therein that he is a Filipino citizen,
that he will support & defend the
Constitution and will maintain true faith
and allegiance to the same.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Who between the COMELEC Official and
Tanggol is correct?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Who between the COMELEC Official and
Tanggol is correct?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


TAKE NOTE!
Filing of a COC does not automatically operate
as renunciation of one’s foreign citizenship!
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].

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


TRUE OR FALSE
Ryan Bang, 32, is a Korean,
but has lived in the Philippines
for 25 years. Because he has
lived in the Philippines for
such a long time, he can
therefore be considered as a
Filipino Citizen.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


FALSE

Ryan Bang, 32, is a Korean,


but has lived in the Philippines
for 25 years. Because he has
lived in the Philippines for
such a long time, he can
therefore be considered as a
Filipino Citizen.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


NOTES:

Considering we adhere to jus sanguinis principle under the


present charter, it does not make one a Filipino just
because he was born in the Philippines and has been
residing thereat for so long a time already.

Neither will make him an alien simply because he was


born outside the Philippines.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
In the previous problem, is there a way for
Ryan Bang to be a Filipino Citizen?

• Yes, that is through a process called NATURALIZATION.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Who are Filipino Citizens under the 1987
Constitution?
Art. IV, Section 1-
➢ Those citizens at the time of its adoption
➢ Those whose fathers or mothers are citizens
➢ Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority

➢Those naturalized in accordance with law

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Naturalization
Direct Derivative
Citizenship is acquired by: Citizenship is conferred on:
a) Individual (through
administrative proceedings) a) Wife of naturalized
b) Special act of Legislature husband
c) Collective change of nationality b) Minor children of
as a result of cession or naturalized individual
subjugation c) Alien woman upon
d) Adoption of orphan minors as marriage to a national
nationals of the State where
they are born
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Naturalization laws:
Commonwealth Act. No 473 (June 17, 1939)
Revised Naturalization Law – Judicial Naturalization
Republic Act No. 9139 (June 8, 2001)
Administrative Naturalization Law
– Administrative Naturalization

Special naturalization by Congress

Letter of Instruction 270(April 11, 1975),


by Pres. Marcos)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Commonwealth Act. No 473 (June 17, 1939)
Revised Naturalization Law – Judicial Naturalization
Requirements:
Age – 21 y.o. and above
Residence in PH – 10 years but may be reduced to 5, if:
a) married a Filipina
b) held office under government or any or political
subdivision
c) engaged as teacher in public or private school for
at least two years
d) born in the Philippines
e)Good Moral Character; Believes in the principles underlying
Constitution; conducts himself in reproachable manner
f) owns real estate not less than P5k or with lawful occupation
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
g) Must be able to speak and write English or Spanish or
anyone of the principal languages

h) Enroll his minor children of school age, in any of


private schools and recognized by the government

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Who are Aliens Disqualified to be naturalized under C.A. 473?
• Opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all
organized government;

• Persons defending or teaching the propriety of violence, personal


assault, or assassination for the success and predominance of ideas;

 Polygamists or believers in the practice of polygamy(should be


interpreted in the context of the law of the country of origin)

 Persons convicted of a crime involving moral turpitude


Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
 Persons suffering from mental alienation or incurable disease
Who are Aliens Disqualified to be naturalized under C.A. 473?

 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

 Citizens or subjects of nations with whom the Philippines is at war


Doctrine of Indelible allegiance – retention of original nationality
even if he has already renounced or forfeited the same, particularly, if
the country where he wants to be a national is at war with the
Philippines. (People vs. Manayaoi, et.al, 78 Phil. 721)

• Citizens or subject of foreign country whose laws do not grant Filipinos


the right to be naturalized thereat (Principle of Reciprocity)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Effects of Naturalization to wife and minor children
• Naturalization of the husband will affect the foreigner-wife, if she may also be
naturalized (Moy Ya vs. Lim vs. Commission on Immigration)

• Likewise, will benefit the minor children


Rules:
-if born in the Philippines or outside of the Philippines, but living
here, at the time of the naturalization;
-if born abroad and not in the Philippines at the time of
naturalization, citizen only during his minority, unless he begins
to reside in the Philippines while still a minor;
-if born abroad, after naturalization, shall be considered
Filipino, provided, within one year upon attaining the age of
majority, registers as Filipino before Philippine Consulate and
takes oath of allegiance.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Administrative Naturalization (R.A. No. 9139)

File with the Special Committee on Naturalization


Composed of :
❑ Solicitor General – chairman
❑ Secretary of Foreign Affairs, or his
representative – member
❑ National Security Adviser – member

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Qualifications
Same as CA 473 EXCEPT:
Age – at least 18 years old
Residence – continuously in the Philippines since birth
Must have a known trade, business, profession, or lawful
occupation, from which he derives income sufficient for his
support and of his family (NOTE: this shall not apply to
applicants who are degree holders but are unable to
practice their profession because they are disqualified to
do so by reason of their citizenship)
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
END OF PART 1

•CITIZENSHIP
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PART 2

•What are your rights


as Filipino Citizens?
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
LEGAL BASES

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

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


UDHR

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


BILL OF RIGHTS

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


SECTION 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
Let’s break this down:
• No person shall be deprived of life, liberty, or property
without due process of law
• No person shall be denied the equal protection of the
laws
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
LIFE

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
LIBERTY

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


PROPERTY

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Can
• s
foreigners
own property
in the
Philippines?
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Section 7, Article XII of the 1987
Constitution states:

Save in cases of hereditary


succession, no private lands shall
be transferred or conveyed except
to individuals, corporations, or
associations qualified to acquire
or hold lands of the public
domain.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Hereditary Succession
- No WILL -
(property of deceased
automatically goes to his/her
HEIRS)

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Can Foreigners Own Condominium Units?

Foreigners are prohibited from


owning land in the Philippines,
but can legally own a
residence. The Philippine
Condominium Act allows
foreigners to own condo units, as
long as 60% of the building is
owned by Filipinos.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
EQUAL PROTECTION CLAUSE

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Freedom of Speech and Expression

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Can the State prevent its citizens from
expressing their opinions & sentiments even if
it be against the Government?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


General Rule: No!
FREEDOM OF SPEECH & EXPRESSION!
Citizens have the
liberty to criticize
the government
and speak their
minds without fear
of being censored
or persecuted
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
How do we determine if a law curtails one’s
Freedom of Speech & Expression?
If the law is :

OVERLY BROAD
(overbreadth doctrine)
CHILLING EFFECT

VAGUE
(VOID-for-VAGUENESS
Doctrine)

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


How do we determine if a law curtails one’s
Freedom of Speech & Expression?
“CHILLING EFFECT”

A person who does not know whether his speech


constitutes a crime under an overbroad or vague law
may simply restrain himself from speaking in order to
avoid being charged of a crime. The overbroad or
vague law thus chills him into silence.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Can the State prevent its citizens from expressing their
opinions & sentiments even if it be against the Government?
Exception: if Freedom of S&E is abused
BASIS: Freedom of expression
is not absolute, nor is it an
"unbridled license” that
gives immunity for every
possible use of language and
prevents the punishment of
those who abuse this freedom."
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
What is the rule to be followed in order for the State
to be able to restrain Freedom of S & E, in general?

clear and present danger


rule

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


clear and present danger rule
Speech may be restrained because there is substantial danger that
the speech will likely lead to an evil the government has a
right to prevent.
This rule requires that the evil consequences sought to be prevented
must be substantive, "extremely serious and the degree of
imminence extremely high”

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


What is the rule to be followed in order for the State to be able to
restrain Freedom of S & E when in it comes to
incitement & advocacy speech?

lawless imminent action


> Brandenburg v. Ohio (1969)

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


lawless imminent action

• In Brandenburg v. Ohio (1969), it was held that


inflammatory speech, such as racist language by a leader
of the Ku Klux Klan, should generally be protected
unless it is likely to cause imminent violence..
where such advocacy is directed to
inciting/producing imminent lawless action & is
likely to incite or produce such action.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Speech regulation in re: election
• Let us determine whether the following laws show curtailment of one’s
Freedom of S & E:

law requiring prior notice sa COMELEC re:


candidate’s TV guesting

law prohibiting posting of candidate tarpaulins


on one’s own house and vehicles

Law drastically reducing airtime of political TV


ads to only 5 seconds

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Speech regulation in re: election
• Let us determine whether the following laws show curtailment of one’s
Freedom of S & E:

law requiring prior notice sa COMELEC re:


candidate’s TV guesting NO

law prohibiting posting of candidate tarpaulins


on one’s own house and vehicles YES

Law drastically reducing airtime of political TV


ads to only 5 seconds YES

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Note:
• ABSENT a COMPELLING
STATE INTEREST that
will JUSTIFY the
imposition of the
prohibitive measure and
consequently, curtailing the
freedom of speech… said
measure fails to pass
constitutional muster &
must be stricken down
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Speech regulation in re: media

- differentiation in treatment between broadcast and print


media;
- TV shows/Movie censorship
o MTRCB Board of Review can exercise powers ONLY for
purposes of CLASSIFICATION; not censorship.
• Ex. Creating labels “For Adults Only, Rated SPG”
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Freedom of Religion

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


ISSUE: Can the government impose tax on the sale of religious items
such as bibles?

NO. This is a restraint


on the exercise of
religious freedom.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
ISSUE: Students who are members of Jehovah’s witness refuse to salute
to the flag & pledge the Panatang Makabayan during flag ceremony.
Can they do so on the basis of religious freedom?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


YES. Accdg to the SC, the Jehovah’s
Witnesses’ nonparticipation in the
flag ceremony in no way poses a
clear and present danger to society.
Thus, restraint on the part of the
government would be unjustified.
(Ebralinag v. Superintendent)

The2-fold aspect of religious freedom:


(1) the absolute freedom to believe as long as such is
limited within the realm of thought
(2) the freedom to act on one’s belief, which may be
regulated.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Right Against Unreasonable Searches &
Seizures

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


Sec. 2, Art. III of the 1987 Constitution
Right Against Unreasonable Searches & Seizures
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,

Requirements of a Valid Search Warrant and Warrant of Arrest


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.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
If the security guard in a
mall wants to open my
bag and check the inside
thereof, isn’t there a
violation of my right
against unreasonable
search?

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


No, there is no violation of your right.
Private search is not covered by the
constitutional guarantee.

The protection against unreasonable


search and seizure cannot be
extended to acts committed by private
individuals so as to bring it within the
ambit of alleged unlawful intrusion by
the government. [People vs. Marti [193
SCRA 57]
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Are vehicle checkpoints violative of my right Against
Unreasonable Search?

No. These are valid


only if limited to
VISUAL
SEARCH
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
EXCEPTIONS

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


VALID WARRANTLESS ARRESTS VALID WARRANTLESS SEARCHES
IN FLAGRANTE DELICTO ARRESTS WARRANTLESS SEARCH INCIDENTAL
(“Caught in the Act”) TO LAWFUL ARREST

SEIZURE OF EVIDENCE IN “PLAIN


HOT PURSUIT ARRESTS
VIEW” (plain view doctrine)
(“Offense just committed + w/ probable cause)

SEARCH OF A MOVING VEHICLE


PRISONER ESCAPEE
CONSENTED WARRANTLESS SEARCH

CUSTOMS SEARCH

STOP AND FRISK (Terry Search)

EXIGENT AND EMERGENCY


Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
CIRCUMSTANCES
Read more at https://www.divinalaw.com/dose-of-law/warrantless-arrest-1-caught-in-the-act/#:~:text=Under%20Rule%20113%2C%20Section%205,attempting%20to%20commit%20an%20offense.
https://pnl-law.com/blog/valid-warrantless-searches-in-the-philippines/#:~:text=WARRANTLESS%20SEARCH%20INCIDENTAL%20TO%20LAWFUL,the%20process%20cannot%20be%20reversed
ARTICLE XIV - Education, Science and
Technology, Arts, Culture, and Sports
SECTION 1. The State
shall protect and promote
the right of all citizens to
quality education at all
levels and shall take
appropriate steps to make
such education
accessible to all.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
Article XII – National Economy & Patrimony

SECTION 14. The sustained development of a reservoir of national


talents consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be promoted by the State. The State shall
encourage appropriate technology and regulate its transfer for the
national benefit.
The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
END OF PART 2

•What are your rights


as Filipino Citizens?
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
PART 3

•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?

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
A) Creation of the COMELEC and policies to ensure the security
& sanctity of elections (ex. AUTOMATED ELECTION
SYSTEM/AES -R.A. No. 8436 as amended by R.A. No. 9369)

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

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
CHALLENGES

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


vote-buying

infringes on the people’s right to suffrage as


it undermines their free will
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales

Corrupt Officials/
”TraPos”

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


insist on the right to freedom of
expression and free speech.
Fight against Fake News and Propaganda!

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


vote and let your voice be heard
regardless of whether other people are
satisfied with the status quo or not
Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales
YOUTH VOTERS
take part in the electoral process!

• more or less 52% of voters come from the youth sectors. A large
part of you will decide the future of the Philippines.

Lecture on Ph Citizenship, Rights & Voter's Ed by Atty. SM Montales


END OF
PRESENTATION
Dios Mabalos!
Love and serve your country.

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