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FREEDOM OF EXPRESSION
Importance: As individual particle of sovereignty, every citizen has a right to offer his views and suggestion in the discussion of the common problems of the community or the nation that the ultimate good desired is better reached by a free trade of ideas that the best test of truth is the power of the thought to get itself accepted in the competition of the market. Scope: Includes articulation of even the unorthodox view Includes the right to be silent Mode of Expression: Language oral or written Symbolisms Placards, graffiti, slogans, poems and lyrics, and others ART III. SEC. 4 No law shall be passed the freedom of speech, of expression or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. ART III. SEC. 18 (1) No person shall be detained solely by reason of his political beliefs and affiliations. Elements of Freedom of Expression: a. Freedom from previous restraint or Censorship b. Freedom from subsequent punishment 1) FREEDOM FROM CENSORSHIP Conditions the exercise of the freedom of expression upon prior approval of the government Need not partake of total suppression; even restriction of circulation is UNCONSTITUTIONAL

CASES: Iglesia ni Cristo v. CA The criticisms did not create a clear and present danger requiring the prior restraint of the state.

Primicias v. Fugoso The SC ordered the permit issued, holding that the respondent could only reasonably regulate, not absolutely prohibit, the use of public places for the purpose indicated. Fear of serious injury cannot alone justify suppression of free speech. To justify suppression of free speech, there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that evil to be prevented is a serious one. Moreover, even imminent danger cannot justify resort to prohibition of these functions essential to effective democracy, unless the evil apprehended is relatively serious. The fact that speech is likely to result in some violence or in the destruction of property is not enough to justify its suppression. There must be probability of serious injury to the state. The condition of Manila at the dime did not justify the mayors fears.

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Navarro v. Villegas In 1970, Manila was in ferment, the people were edgy and the speeches planned to be delivered at Plaza Miranda, the most sensitive place in the City, could, in the view of the Supreme Court, ignite the turbulence the mayor wanted to prevent.

2) FREEDOM FROM PUNISHMENT - Freedom of speech includes freedom after the speech. Without this assurance, the citizen would hesitate to speak for fear he might be provoking the vengeance of the officials he has criticized. Limitations of the Freedom of Expression: POLICE POWER may be properly regulated in the interest of the public. THREE (3) TESTS FOR CENSORSHIP OR PUNISHMENT a. The Clear and Present Danger Rule b. The Dangerous Tendency Doctrine c. The Balancing Test A. THE CLEAR AND PRESENT DANGER RULE whether the words used are in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the state has the right to prevent a question of PROXIMITY and DEGREE clear a causal connection with the danger of the substantive evil arising from the utterance questioned. present the time element Terminiello v. City of Chicago A function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are or even stirs people to anger. A conviction resting on any of the grounds above may not stand.

Feiner v. New York The conviction of a person under a statute forbidding speaking on the public streets with intent to provoke a breach of the peace was affirmed.

B. THE DANGEROUS TENDENCY DOCTRINE I the words uttered create a dangerous tendency which the state has a right to prevent, then such words are punishable. It is not necessary that some definite or immediate acts of force, violence or unlawfulness be advocated. It is sufficient that such acts be advocated in general terms. Nor is it necessary that the language used be reasonably calculated to incite persons to acts of force,

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violence and unlawfulness. It is sufficient if the natural tendency and probable effect of the utterance be to bring about the substantive evil which the legislative body seeks to prevent. A highly unacceptable criterion

C. THE BALANCE-OF-INTEREST TEST When a particular conduct is regulated in the interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented.

CRITICIMS OF OFFICIAL CONDUCT The official acts, and now even the private life, of a public servant are legitimate subjects of public comment.

CASE: People v. Alarcon Newspaper publications tending to impede, obstruct, embarrass, or influence the courts in administering justice in a pending suit or proceeding constitutes criminal contempt which is summarily punishable by the courts. This rule is otherwise after the case is ended.

ASSEMBLY AND PETITION

Public issues are better resolved after an exchange of views among citizens meeting with each other for the purpose.

Public Assembly Act A permit for the holding of a public assembly shall not be necessary where the meeting is to be held in a private place, in the campus of a government-owned and operational educational institution or in a freedom park. 5 days filing at Mayors office 2 days must be acted upon, otherwise, permit is deemed granted Denial must be justified clear and present danger to public order safety, convenience, morals or health Actions communicated to applicant within 24 hours, appeal must be decided within 24 hours Law enforcers 100 meters away from the area

* TESTS (Lawful Assembly) a. purpose test the purpose of the meeting; b. auspices test relations of the speakers

RIGHT OF ASSOCIATION
ART. III. SEC 8:

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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 shall not be abridged. However, public employees are not allowed to strike.

ACCESS TO INFORMATION
Restrictions: 1. 2. 3. 4. National security matters and Intelligence information Trade secrets and Banking transactions Criminal matters Other Confidential information

THE IMPAIRMENT CLAUSE

No law impairing the obligations of contracts shall be passed. Limitation: 3 inherent powers of the state

EX POST FACTO LAWS

is one that would make a previous act criminal although it was not so at the time it was committed.

No ex post facto law or bill of attainder shall be enacted. KINDS: 1. Every law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. 2. Every law that aggravates a crime, or makes it greater that it was when committed. 3. Every law that changes punishment, and inflicts a greater punishment than the law annexed to the crime when committed. 4. Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender. 5. Every law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right for something which when done was lawful. 6. Every law which deprives persons accused of crime of some lawful protection to which they become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnesty. CHARACTERSTICS OF AN EX POST FACTO LAW:

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a) refers to criminal matters; b) be retroactive in its application; c) to the prejudiced of the accused CASES: Bayot v. Sandiganbayan Where a law amending R.A. 3019 provided for the suspension pendente lite of any public officer or employee accused of offenses involving fraudulent use of public funds or property, including those charged earlier was not ex post facto even if applied retroactively because the suspension was not punitive but merely preventive P.D. No. 1606, creating the Sandiganbayan, was held to be not a penal law and therefore not ex post fact.

People v. Vilo The Supreme Court sustained the retroactive application to the accused of an amendatory law allowing affirmation of the death sentence by only eight justices although unanimity was required when the crime was committed by the defendant. The majority decided that the amendment was merely procedural in nature and so did not partake of the nature of an ex post facto law.

People v. Ferrer The Supreme Court rejected the argument that the Anti-Subversion Act was unconstitutional on the ground inter alia that it punished past membership in the Communist Party and other similarlyoriented organizations. It declared that the prohibition applied only to acts committed after the approval of this Act. Only those who knowingly, willfully and by overt acts affiliate themselves with, become or remain members of the Communist Party of the Philippines and/or its successors or of any subversive association after June 20, 1957, are punished.

Bill of Attainder is a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt. It is when a statute applies either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial.

NON-IMPRISONMENT FOR DEBT

No person shall be imprisoned for debt or non-payment of a poll tax. As long as the obligation to pay arises ex contractu, it is considered a private matter between the creditor and the debtor and the punitive arm of the State cannot be employed in a criminal action to enforce the formers right. The remedy in this case is a civil action only for the recovery of the unpaid debt.

debt any civil obligation arising from contract, expressed or implied. CRIME But although the debtor cannot be imprisoned for his failure to pay his debt, he can be validly punished in a criminal action if he contracted his debt through fraud; In such a case, the act for

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which he is penalized is the deception he employed in securing the debt, not his default in paying it. CASE: Lozano Case The gravamen of the offense punished by BP 22 is the act of making and issuing a worthless check or a check that is dishonored upon its presentation for payment. It is not the nonpayment of an obligation which the law punishes. The thrust of the law is to prohibit, under pain of penal sanctions, the making of worthless checks and putting them in circulation. Because of its deleterious effects on the public interest, the practice is proscribed by the law. The law punishes the act not as an offense against property, but an offense against public order.

POLL TAX Since a tax is not a debt but arises from the obligation of the person to contribute his share in the maintenance of the government, failure to pay the same can be validly punished with imprisonment. The only EXCEPTION is failure to pay a poll tax, which is defined as a specific fixed sup levied upon every person belonging to a certain class without regard to his property or occupation.

INVOLUNTARY SERVITUDE
ART. III. SEC. 18 (1)No person shall be detained solely by reason of his political beliefs and aspirations. (2)No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. involuntary servitude the condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is aid or not. slavery that civil relation in which one man has absolute power over the life, fortune and liberty of another peonage a condition of enforced servitude by which the servitor is restrained of his liberty and compelled to labor in liquidation of some debt or obligation, real or pretended, against his will. EXCEPTIONS: punishment for a crime whereof the party shall have been duly convicted Malefactors may be validly punished with imprisonment and compelled to work in atonement for their crimes. While a person may not as a rule be compelled to accept a public appointive office, he may not refuse to do so if the position is intended for the defense of the State. Art. II, Sec. 4, of the Constitution provides all citizens may be required, under conditions provided by law, to render personal military or civil service.

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Pursuit of persons who have violated the law, such as brigands, the authorities might command all the male inhabitants of a certain age to assist them, this would be justified under the police power. Unemancipated minors under the patria potestas and so are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.

Kaisahan ng Manggagawa sa Kahoy v. Gotamco Sawmills Striking workers in industries affected with public interest may be required to return to work pending settlement of the labor dispute. The purpose of the compulsion is to prevent disruption, to the detriment of the public, of essential services being performed by the strikers.

THE WRIT OF HABEAS CORPUS

is a prerogative writ of liberty employed to test the validity of persons detention is directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf

ART. III. SEC. 15 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. In the absence of the exceptional conditions mentioned, the privilege of the writ of habeas corpus may not be suspended and the individual shall be entitled to the full protection of the writ against any attempt to restrain him.

GROUNDS FOR SUSPENSION ART. VII. SEC. 18 The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding SIXTY DAYS, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within FORTYEIGHT HOURS from the proclamation of martial law or the suspension of the writ of habeas corpus, the President shall SUBMIT A REPORT IN PERSON OR IN WRITING TO THE CONGRESS. The Congress, voting jointly, by a vote of a least a MAJORITY of all its Members in regular or special session may REVOKE such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, EXTEND such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

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The Congress, if not in session, shall, within TWENTY-FOUR HOURS following such proclamation or suspension, convene in accordance with its rules without need of a call. The SUPREME COURT may review, in an appropriate proceeding filed by ANY citizen, the sufficiency of the factual basis of the proclamation of martial law, or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within THIRTY DAYS from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within THREE DAYS, otherwise he shall be released.

QUESTION: Supposing that the suspension is based on the grounds prescribed by the constitution (invasion or rebellion), will the Supreme Court have the competence to ascertain the existence of such grounds for the purpose of determining the validity of the suspension? SUGGESTED ANSWER: The Supreme Court declared that it had the power to inquire into the factual basis of the suspension of the privilege of the writ of habeas corpus. (Lansang v. Garcia; 42 SCRA 448) AUTHORITY OF THE COMMANDER-IN-CHIEF: 1. He may call out the armed forces to prevent or suppress violence, invasion or rebellion only. 2. The grounds for the suspension of the privilege of the writ and the proclamation of martial law are now limited to invasion or rebellion when the public safety requires it. 3. The duration of such suspension or proclamation shall not exceed sixty days, following which it shall be automatically lifted. 4. Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to the Congress. 5. If not in session, Congress shall convene within 24 hours following the proclamation or suspension. 6. The Congress may, by a majority vote of all its members voting jointly, revoke his action. The revocation may not be set aside by the President.

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7. By the same vote and in the same manner, the Congress may, upon the initiative of the President, extend his suspension or proclamation for a period to be determined by the Congress if the invasion or rebellion shall continue and the public safety requires the extension. 8. The action of the President and the Congress shall be subject to review by the Supreme Court, which shall have the authority to determine the sufficiency of the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filed. 9. The challenge may be filed by any citizen. 10. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies are not conferred jurisdiction over civilians where the civil courts are functioning. 11. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion. 12. Any person arrested for such offenses must be judicially charged therewith within three days. Otherwise he shall be released. THE ILAGAN CASE May 10, 1985 Atty. Ilagan and Atty. Arellano were arrested May 13, 1985 Atty. Risonar was also arrested May 16, 1985 The writ of habeas corpus was issued but respondents contended that the detainees were covered by a preventive detention action issued against them on Jan. 25, 1985 May 27, 1985 information for rebellion was filed against the detained attorneys before the RTC of Davao and a warrant of arrest as been issued against them HELD: The petition herein has been rendered moot and academic by virtue of the filing of an Information against them for Rebellion before the RTC of Davao City and the issuance of a Warrant of Arrest against them. The remedy of habeas corpus no longer lies. DISSENTS: Justice Teehankee Petitioners must be granted their constitutional right to due process and the right to preliminary investigation. THE WRIT OF AMPARO AND HABEAS DATA Writ of Amparo the courts will be more diligent in the protection of the life liberty and security of the desaparecido and can order the respondent to exert more and actual effort in locating the missing person and showing that he is in good condition and has not been maltreated by the authorities

Writ of Habeas data intended to insure human right to privacy by requiring the respondent to produce the necessary information to locate the missing person or such data about him that have been gathered in secret to support the suspicion that he has been taken into

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custody in violation of his constitutional rights or, worse, has been salvaged without benefit of lawful trial. - to secure destruction of such secret information gathered in violation of the persons right to privacy to justify summary action against him by the government or any private entity.

SPEEDY DISPOSITION OF CASES

ART. III. SEC. 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies. ART. VIII. SEC 5(5) The Supreme Court shall provide a simplified and inexpensive procedure for the speedy disposition of cases.

RIGHTS OF THE ACCUSED

CRIMINAL DUE PROCESS ART. III. SEC. 14(1) No person shall be held to answer for a criminal offense without due process of law. ASPECTS OF CRIMINAL DUE PROCESS: a. Substantive b. Procedural Criminal due process requires the accused be tried by an impartial and competent court in accordance with the procedure prescribed by law and with proper observance of all the rights accorded him under the Constitution and the applicable statutes.

RIGHT TO PRELIMINARY INVESTIGATION is a statutory rather than constitutional in its fundament, it is a component part of due process in criminal justice The right to have a preliminary investigation conducted before being bound over to trial for a criminal offense and hence formally at risk of incarceration or some other penalty is not a mere formal or technical right; it is a SUBSTANTIVE RIGHT. To deny the accuseds claim to a preliminary investigation would be to deprive him of the full measure of his right to due process.

Salonga v. Pao The court found the supposed evidence against him extremely tenuous; the testimony of the prosecution witnesses was contradictory and incredible, if not at times exculpatory; a photograph in which he and another accused appeared was rejected as evidence of subversion, as so too was the claim that his house had been used as a contract point of the conspirators;

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and certain remarks made by the petitioner which were critical of the Marcos administration were considered protected by freedom of expression. SELF-INCRIMINATION ART. III. SEC. 17 No person shall be compelled to be a witness against himself. This right is proceedings, claimed not incriminating available not only in criminal prosecutions but also in all other government including civil actions and administrative or legislative investigations. It may be only by the person accused of an offense but by any witness to whom an question is addressed.

Generally, the rule may only apply to testimonial evidence. The prohibition applies to the compulsion for the production of documents, papers and chattels that may be used as evidence against the witness, except where the State has a right to inspect the same, such as the books of accounts of corporations, under the police power.

U.S. v. Tan Teng Where a person charged with rape was examined for gonorrhea, which might have been transmitted to the victim, the Supreme Court held the examination to be valid, saying it was no different from examining his fingerprints or other parts or features of his body for identification purposes.

Chavez v. CA Convicted on the strength of testimony elicited from the accused as the star witness for the prosecution, he filed a petition for habeas corpus which the Supreme Court granted. Accused is a defendant in a criminal case. The purpose of calling an accused as a witness for the People would be to incriminate him. The rule positively intends to avoid and prohibit the certainly inhuman procedure of compelling a person to furnish the missing evidence necessary for his conviction.

WAIVER The right against self-incrimination may be waived, either directly or by a failure to invoke it, provided the waiver is certain and unequivocal and intelligently, understandingly and willingly made.

CUSTODIAL INVESTIGATION ART. III. SEC. 12 (1) 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. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

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(2) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families. Custodial investigation means any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. R.A. 7438 custodial investigation shall include the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law. The operative act of custodial investigation is when the police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect who has been taken into custody by the police to carry out a process of interrogation that lends itself to eliciting incriminatory statements.

EXTRAJUDICIAL CONFESSION to be ADMISSIBLE: a. b. c. d. BAIL ART. III. SEC. 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required. Only person under detention may petition for bail, for the purpose of bail is to secure their provisional release. It follows that one who is not in the custody of the law cannot ask for bail. Voluntary; With assistance of counsel; In writing; and Express

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PRESUMPTION OF INNOCENCE ART. III. SEC. 14(a) In all criminal prosecution, the accused shall be presumed innocent until the contrary is proved RIGHT TO BE HEARD and shall enjoy the right to be heard by himself and counsel NATURE AND CAUSE OF ACCUSATION to be informed of the nature and cause of the accusation against him

People v. Ramirez It was held that a person charged with rape, of which he was later absolved, could not be convicted of qualified seduction, which was not included in the information.

TRIAL IN ABSENTIA Requisites: 1) The accused has already been arraigned 2) He has been duly notified of the trial 3) His failure to appear is unjustified RIGHT TO CONFRONTATION to meet the witnesses face to face A person cannot be convicted by mere affidavits except otherwise provided for by law.

COMPULSORY PROCESS and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. The accused is entitled under the Constitution to the issuance of subpoena and subpoena duces tecum for the purpose of compelling the attendance of witnesses and the production of evidence that he may need for his defense.

PROHIBITED PUNISHMENTS SEC. 19 (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons

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involving heinous crimes, the Congress hereafter provides for it. Any death penalty already disposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

DOUBLE JEOPARDY SEC. 21 No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. The right against double jeopardy prohibits the prosecution again of any person for a crime of which he has previously been acquitted or convicted.

REQUISITES: 1) 2) 3) 4) A valid complaint or information Filed before a competent court To which the defendant had pleaded Of which he had been previously acquitted or convicted or which was dismissed or otherwise terminated without his express consent

CRIMES COVERED If the four above-stated elements of double jeopardy are present, the accused may not be prosecuted anew for the original offense charged, or for any attempt to commit the same or frustration thereof, or for any offenses which necessarily includes or is necessarily included in the offense charged in the original complaint or information.

DOCTRINE OF SUPERVENING EVENT The accused may be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been charged or convicted.

People v. Adil The accused was first prosecuted for slight physical injuries, but after he had pleaded not guilty, the charge was changed to serious physical injuries when it appeared that the wounds inflicted on the victim, after healing, had left permanent scars on his face. The Supreme Court held there was no double jeopardy as the deformity did not exist and could not have been apprehended at the time the first information was filed.

Rule 117, Sec. 7 of the Rules of Court The conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances:

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1) The graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; 2) The facts constituting the grave charge became known or were discovered only after the filing of the former complain or information; 3) The plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in Section 1(f) of Rule 116. INSEPARABLE OFFENSES Where one offense is inseparable from another and proceeds from the same act, they cannot be the subject of separate prosecutions. However, if it is possible for one act to give rise to several crimes, in which case separate prosecutions for each crime may be filed, provided the elements of the several crimes are not identical.

ACT VIOLATING LAW AND ORDINANCE If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Example: A person convicted of jueteng under a municipal ordinance may not again be charged with the same act under the provisions of Art. 195 of the RPC punishing the same act.

FREE ACCESS TO COURTS

SEC. 16 Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

CITIZENS OF THE PHILIPPINES

CITIZENS is membership in a political community with all its concomitant rights and responsibilities. Methods of Acquisition of Citizenship: a. Jus sanguinis blood relationship b. Jus soli place of birth c. Naturalization 1987 CONSTITUTION Art. IV. Sec. 1. The following are citizens of the Philippines: (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 born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

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(4) Those who are naturalized in accordance with law.

1973 CONSTITUTION Art. III. Sec. 1. The following are citizens of the Philippines: (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; and (4) Those who are naturalized in accordance with law.

1935 CONSTITUTION The following are citizens of the Philippines: (1) Those who were citizens of the Philippine Islands at the time of the adoption of the Commonwealth Constitution on November 15, 1935; (2) Those born in the Philippine Islands of foreign parents who, prior to the adoption of the Commonwealth Constitution, had been elected to public office in the Philippine Islands; (3) Those whose fathers were citizens of the Philippines; (4) Those whose mothers were citizens of the Philippines, upon attaining majority age, elected Philippine citizenship; and (5) Those who were naturalized in accordance with law.

NATURALIZATION a process by which a foreigner acquires, voluntarily or by operation of law, the citizenship of another state may be direct or derivative

Direct Naturalization is effected: a) By individual proceedings, usually judicial, under general naturalization laws; b) By special act of the legislature, often in favor of distinguished foreigners who have rendered some notable service to the local state; c) By collective change of nationality as a result of cession or subjugation; and d) In some cases, by adoption of orphan minors as nationals of the State where they are born.

Derivative naturalization is conferred:

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a) On the wife of the naturalized husband; b) On the minor children of the naturalized parent; and c) On the alien woman upon marriage to a national. Disqualifications: (1) Opposition to organized government; (2) Belief in polygamy (3) Failure to mingle socially with the Filipinos; and (4) Affliction with an incurable contagious disease REVOCATION a person may be denaturalized on petition of the Solicitor General on the ground that his certificate of naturalization was obtained fraudulently; that he established his permanent residence abroad within five years after his naturalization; that the petition was based on an invalid declaration of intention; that his minor children failed to comply with the educational requirements through his fault or neglect; or that he allowed himself to be used as a dummy in violation of our naturalization laws. Revocation on the grounds affecting the intrinsic validity of the proceedings shall divest the wife and children of their derivative naturalization. But if the ground was personal to the denaturalized Filipino, as where he permanently resides in a foreign country after his naturalization, his wife and children shall retain their Philippine citizenship.

LOSS AND REACQUISITION OF CITIZENSHIP C.A. No. 63 Philippine Citizenship is lost: 1. By naturalization in a foreign country; 2. By express renunciation of citizenship; 3. By subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon attaining eighteen years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country; 4. By rendering service to or accepting commission in the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present: a. The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said foreign country; or b. The said foreign country maintains armed forces in the Philippine territory with the consent of the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with its service to said foreign country: And provided, finally, That any Filipino citizen who is rendering service to, or is commission in, the armed forces of a country under any of the circumstances mentioned in paragraph (a) or (b), shall not be permitted to participate nor vote in any election of the

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Constitutional Law 2: Self-Reviewer for Finals Exam | angelfeena@gmail.com

Republic of the Philippines during the period of his service to, or commission in, the armed forces of said foreign country. Upon his discharge from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen; 5. By cancellation of the certificate of naturalization; 6. By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and 7. In case of a woman, upon her marriage, to a foreigner if, by virtue of the laws in force in her husbands country, she acquires his nationality. REPATRIATION The act of repatriation allows him to recover or return to his original status before he lost his Philippine citizenship.

DUAL CITIZENSHIP is now recognized in this country and allows natural-born Filipinos to enjoy the rights they used to enjoy here before they acquired a new citizenship abroad.

NATURAL-BORN CITIZENS Sec. 2 Natural-born citizens are 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 in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. REPUBLIC ACT NO. 9225 - Otherwise known as the Citizenship Retention and Reacquisition Act of 2003 - provides for the restoration or retention of the original citizenship of any natural-born Filipino who has acquired citizenship in a foreign country through naturalization proceedings, provided he takes the oath.

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