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FINALS PERIOD

THE IMPAIRMENT CLAUSE


o The purpose of the impairment clause is to
safeguard the integrity of valid contractual
agreements
against
unwarranted
interference by the State.
o The will of the obligor and the obligee must
be observed; the obligation of their
contract must not be impaired.
o CASE:
Oposa v. Factoran

EX POST FACTO LAWS


o It is one which, operating retrospectively
makes an act done before the passage of
a law, innocent when done, criminal and
punishes such act.
o Bill of attainder a legislative act which
inflicts punishment without a judicial trial.
The prohibition against the enactment of
bills of attainder is designed as a general
safeguard against legislative exercise of the
judicial function or simply trial by legislature.
o CASES:
Bayot v. Sandiganbayan
People v. Ferrer

NON-IMPRISONMENT FOR DEBTS


o What is a debt?
It is any liability to pay money arising out of a contract, expressed or
implied.
o What is a poll tax?
It is a specific sum levied upon any person belonging to a certain class
without regard to property or occupation. (Example: Community Tax)
o A tax is NOT a debt since it is an obligation arising from law thus non-payment
may be validly punished with imprisonment.
o CASES:
Sura v. Martin (1968)
Lozano v. Martinez (1986) (Batas Pambansa # 22: Bouncing Checks Law)

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MOST DISCUSSED/TACKLED TOPICS:


1. CITIZENSHIP
a. RA 9225
b. RA 9189
c. WHO ARE CITIZENS?
d. MIXED MARRIAGES
e. CITIZENSHIP STATUS
f. NATURALIZATION
2. RIGHTS OF THE ACCUSED
a. CUSTODIAL INVESTIGATION
b. BAIL
i. MANOTOC CASE
c. RIGHT TO COUNSEL
d. DOUBLE JEOPARDY
e. VALID WAIVERS
f. SPEEDY TRIAL V. SPEEDY
DISPOSITION
3. WRIT OF KALIKASAN
a. REMEDIES
b. TANYON STRAIT CASE
c. SWIFT V. ARIGO
d. VENUE FOR FILING
e. CASE RE: LEAKING PIPELINE
FROM
BATANGAS
TO
MANILA
4. WRIT OF AMPARO
5. WRIT OF HABEAS CORPUS

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INVOLUNTARY SERVITUDE
o Article 3, Section 18 (2)
o It denotes a condition of enforced, compulsory service of one to another. It has
been applied to any service or labor which is not free, no matter under what form
such service may have been rendered. It includes:
Slavery or the state of subjection of one person to the will of another.
Peonage or the voluntary submission of a person (peon) to the will of
another because of his debt.
o CASE:
Caunca v. Salazar

THE WRIT OF HABEAS CORPUS


o It is an order issued by the a court of competent jurisdiction, directed to the
person detaining another, commanding him to produce the body of the prisoner
at a designated time and place, and to show sufficient cause for holding in
custody the individual so detained.
o The writ is the proper remedy in each and every case of detention without legal
cause or authority. The principal purpose of the writ is to set the individual at
liberty.
o The privilege of the writ maybe suspended by the President (Art. 7, Sec. 18) in
case only of invasion or rebellion, when public safety requires it.
o When can the Writ of Habeas Corpus be availed?
There was a deprivation of constitutional restraint of a person,
The court has no jurisdiction to impose the sentence,
An excessive penalty has been imposed,
The rightful custody of any person is withheld from the person entitled
thereto.
o CASES:
Vingson v. Cabcaban (answers the question of Justice Agcaoili Is the Writ
of Habeas Corpus available in custody cases?)
Lansang v. Garcia (The judiciary has the right to inquire into the existence
of the factual bases for the suspension of the privilege of the writ.)
Ampatuan v. Macaraig

THE WRIT OF AMPARO


o It is a remedy available to any person 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.
o Basis of the right: Article 8, Sec. 5 (5)
o CASES:
Lozada v. Macapagal-Arroyo
Caram v. Segui

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THE WRIT OF HABEAS DATA


o It is an independent and summary remedy designed to protect the image,
privacy, honor, information, and freedom of information of an individual, and to
provide a forum to enforce ones right to the truth and to informational privacy.
o CASE:
Gamboa v. Chan

THE WRIT OF KALIKASAN


o It is a remedy against violation or threat of violation of constitutional right to a
balance and healthful ecology by an unlawful act or omission of a public official
or employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.

QUESTIONS REGARDING THE TOPIC ASKED BY JUSTICE AGCAOILI


What are greenhouse gases?
How does climate change affect the weather?
What are the remedies available in the Writ of Kalikasan?
Re Arigo vs. Swift: Why is a suit of civil liability to the commander of
the ship a suit against the US government?
Where are the proper venues for the filing of this writ?
o When affecting 2 or more cities or provinces- SC or any
branch of the Court of Appeals
o When affection only one city or province- Regional Trial
Courts

CASES:
Tanyon Strait Case
Arigo v. Swift
Paje v. Casino
Case regarding the leaking oil pipes from Batangas to Manila

SPEEDY DISPOSITION OF CASES


o Article 3, Section 16
o Rationale: Justice delayed is justice denied.
o There is an imposed time limit for judicial bodies to render their judgment from the
time of the submission for decision or resolution:
Supreme Court within 24 months
Court of Appeals and other collegiate appellate courts within 12months
unless reduced by the Supreme Court
Lower Courts within 3 months unless reduced by the Supreme Court
o Time limits were imposed to ease up the clogging of court dockets and to
implement the right of party litigants to speedy justice.
o A court must still decide even after the lapse of the time limit.

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What is the difference between speedy trial and speedy disposition of


cases?
Speedy Trial
Speedy Disposition of Cases
It is a trial conducted according to
fixed
rules,
regulations,
and
proceedings of law free from
vexatious,
capricious,
and
oppressive delays.
It does not mean undue haste but
one conducted with reasonable
promptness consistent with due
course of justice.
IMPARTIAL TRIAL basic requirement
of
due
process
in
criminal
proceedings. Impartiality implies an
absence of actual bias in the trial of
case.

This is the fast yet efficient pace


in the rendering judgment of
the court of the cases that were
filed for resolution.
The delay in the disposition of
cases creates mistrust by the
people
to
the
judiciary/government
which
might lead to ones taking the
law into their own hands.

CASES:
Garcia v. Executive Secretary
Guerrero v. Court of Appeals
Conde v. Rivera

RIGHTS OF SUSPECTS
o Article 3, Section 12
o Miranda Rights, more protection is accorded to the suspect who otherwise could
easily be pressured, by physical force or other forms of compulsion and thus
unable to seek the advice and moral support of counsel, into making damaging
confessions.
o By virtue of the Miranda Rights a person under custodial investigation must be
warned that:
He has a right to remain silent;
That any statement he makes may be used as evidence against him; and
That he has a right to the presence of an attorney, either retained or
appointed.
o

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CUSTODIAL INVESTIGATION
RA 7438, Section 2

Any public officer or employee, or anyone acting under his order


or his place, who arrests, detains or investigates any person for the
commission of an offense:
(1) Shall inform the latter, in a language known to and
understood by him.
(2) Of his right to remain silent and
(3) To have competent and independent counsel, preferably
of his own choice.

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(4) Who shall at all times be allowed to confer privately with


the person arrested, detained or under custodial
investigation.
(5) If such person cannot afford the services of his own
counsel, he must be provided with a competent and
independent counsel by the investigating officer.

SHOW UP A person is
brought face to face with a
witness for identification.
POLICE LINE-UP A suspect is
identified by a witness from a
group of person gathered for
that purpose.

What is custodial investigation?


It involves any questioning initiated by law enforcement.
OPERATIVE ACT TO BE CONSIDERED: When the police investigation
is no longer of a general inquiry but that which focuses on one
subject.

When will such right (RA 7438) be available?


When the person is already under custodial investigation.
During critical pre-trial stages in the criminal process.
Critical pre-trial stage Any critical confrontation by the
prosecution at pretrial proceedings where the results might
well determine his fate and where the absence of counsel
might derogate from his right to a fair trial.

Show up and Police line up


GENERAL RULE: There is no right to counsel.
EXCEPTION: There is a right to counsel when it is accusatory and
beyond general inquiry or there has been a move to elicit any
admissions or confessions from the suspect. (Gamboa v. Cruz,
1988)
The right to remain silent is an absolute pre-requisite in overcoming the
inherent pressures of the interrogation atmosphere.

RIGHTS OF THE ACCUSED


Article 3, Section 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.
(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.

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(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to the rehabilitation of victims of torture
or similar practices, and their families.
o

CRIMINAL DUE PROCESS


Article 3, Section 14
(1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself
and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable.

Requisites:
(1) Accused is heard by a court of competent jurisdiction;
(2) Accused is proceeded against under the orderly process of law;
(3) Accused is given notice and opportunity to be heard;
(4) Judgment rendered is within the authority of a constitutional law.
NOTE: Right to preliminary right is not included because it is a statutory
right.

SELF-INCRIMINATION
Article 3, Section 17
No person shall be compelled to be a witness against himself.

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SCOPE
The right against self-incrimination applies in criminal cases as well
as in civil, administrative and legal proceedings where the facts
asked for is a criminal one. It protects one whether he is a party or
a witness.
BASIS
Public Policy
Humanity
Right to silence
WHEN AVAILABLE
Such is available only when there is compulsory testimonial selfincrimination, where one extricates from defendants own lips,
against his will, an admission of his guilt.
Such compulsory testimonial self-incrimination is inclusive of the
production by the accused of documents, chattels, or other

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objects demanded from him, for then he is compelled to make a


statement, express or implied as to the identity of the articles
produced.
o The refusal of a person to produce a specimen of his
handwriting is also included within the privilege because
writing is not purely a mechanical act; it requires the
application of intelligence and attention equivalent to
testimonial compulsion. (Beltran v. Samson, 53 Phil. 570)

Instances where there is an absence of compulsory testimonial


self-incrimination:
o The accused is forced to discharge morphine from his
mouth. (US v. Ong Siu Hong)
o The accused is compelled to place his foot on a piece of
paper to secure his footprint. (US v. Sales, US v. Zara) (This
was asked by Justice Agcaoili)
o The accused is compelled to be photographed or to
remove his garments and his shoes. (People v. Otadora)
o Where a woman is accused of adultery is compelled to
permit her body to be examined by physicians to
determine if she is pregnant. (Villaflor v. Summers) (This was
asked by Justice Agcaoili)
o The voluntary confession (given in the preliminary
investigation) of the accused is admitted in trial. (People v.
Carillo)

WAIVER
What may be validly waived?
The right to remain silent and the right to counsel.
What cannot be waived?
The reading of the Miranda warning.
What are the requisites of a valid waiver?
It must be (1) in writing and done (2) in the presence of counsel.

BAIL

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Article 3, Section 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.
What is bail?
It is the security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law

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conditioned upon his appearance before any court as required


under the conditions specified.

What is the purpose and form of bail?


The purpose of requiring bail is to relieve an accused from
imprisonment until his conviction and yet secure his appearance
at the trial. The right to bail is granted because in all criminal
prosecutions, the accused is presumed innocent.
It may be in the form of cash deposit, property bond, bond
secured from a surety company, or recognizance.

Is there a constitutional right to bail? If yes, is it available to all?


Yes but it is not available to all. Article 3, section 13 guarantees the
right to bail but it expressly states the exception to the general rule.
Bail is not available to those who are punished with reclusion
perpetua when the evidence of guilt is strong. It is also unavailable
to those who are not in the custody of the proper authorities and
those who were already given final judgment. Military men
charged with participating in a failed coup d etat are also
exempt from the right of bail because of the threat they carry
against national security.

BASIS OF THE RIGHT: Presumption of innocence


GENERAL RULE: It is available from the very moment of arrest up to the
time of conviction by final judgment (which means after appeal). It is not
necessary that there be a charge that was formally filed what is important
is that the person is under arrest.
Although you are free on bail, you must be readily available when the
court summons or needs you.
CASE:
Manotoc Case

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PRESUMPTION OF INNOCENCE
The requirement of proof beyond reasonable doubt is necessary corollary
of the constitutional right to be presumed innocent.
It is a rule that the accused cannot be made to present evidence before
the prosecution even if the accused pleads guilty. Such would be a
violation of the presumption of innocence.
EQUIPOISE RULE
o This is where the evidence adduced by the parties is evenly
balanced; the constitutional presumption of innocence
should tilt the balance in favor of the accused.
In order that circumstantial evidence may warrant conviction, the
following requisites must concur:
That there is more than one circumstance
That the facts from which the inferences are derived are proven

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CASE:
People v. Ramirez (1976)

RIGHT TO BE HEARD
Article 3, Section 12
It means the accused is amply accorded legal assistance extended by a
counsel who commits himself to the cause of the defense and acts
accordingly. It is an efficient and truly decisive legal assistance, and not
simply a perfunctory representation (People v. Bermas, 1999).
Even if the guilt of the defendant is very apparent, a hearing is still
indispensable. He cannot be punished by a doubtful assumption (Reyes v.
Subido, 1965)

ASSISTANCE OF COUNSEL (RA 7438, Section 2 (a))


ELEMENTS OF THE RIGHT TO COUNSEL
(1) Courts duty to inform the accused of right to counsel
before being arraigned;
(2) Court must ask him if he desires the services of counsel;
(3) If he does, and is unable to get one, the Court must
give him one; if the accused wishes to procure private
counsel, the Court must give him time to obtain one.
(4) Where no lawyer is available, the Court may appoint
any person resident of the province and of good
repute for probity and ability.

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The combination of all the circumstances is such as to produce


conviction beyond reasonable doubt.

TRIAL

What is the importance of right to counsel?


o The right to be heard would be of little avail if it does not
include the right to be heard by counsel. The right to counsel is
important because not all men are knowledgeable with the
law, particularly with the rules of procedure. Without a counsel
a person may be convicted not particularly because he is
guilty but because he cannot or does not know how to
establish his innocence.

TRIAL IN ABSENTIA
The constitutional right of the accused to be personally present
and to be heard in his defense by himself may be waived by him.
Thus, trial may proceed notwithstanding the absence of the
accused provided that three (3) conditions concur:
He has been arraigned;
Arraignment is made in open court by the
judge or clerk, and consists in furnishing the
accused a copy of the complaint or
information with the list of witnesses, reading

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the same in the language or dialect known


to him and asking him whether he pleads
guilty or not guilty (Rules of Court, Rule 116,
Sec. 1)
He has been duly notified of the trial; and
His failure to appear is unjustifiable.
The reason for this rule is in the interest of the speedy administration
of justice which should be afforded not only to the accused but to
the offended party as well.

When is the presence of the accused a duty?


Arraignment and plea
During trial, for identification
Promulgation of Sentence

RIGHT OF CONFRONTATION
This is the basis of the right of cross-examination.
Two-fold purpose:
To afford the accused an opportunity to test the testimony of
witnesses by cross-examination.
To allow the judge to observe the deportment of witnesses. (Go, et
al. v. People of the Philippines and Highdone Company, Ltd., et al.
(2012))
Inadmissibility for lack of right to confrontation:
Testimony of a witness who has not submitted himself to crossexamination.
Affidavits of witnesses who are not presented during the trial,
hence not subjected to cross-examination. (Cariago v. CA)

COMPULSORY PROCESS
Right to secure attendance
Right to production of other evidence
Subpeona is a process directed to a person requiring him to attend and to
testify at the hearing or trial of an action or at any investigation conducted
under the laws of the Philippines, or for the taking of his deposition (Caamic v.
Galapon)

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DOUBLE JEOPARDY
Article 3, Section 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.

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REQUISITES
He has been previously brought to trial;
In a court of competent jurisdiction (i.e., court having jurisdiction);
Under a valid complaint or information (i.e., sufficient in form and
substance to sustain a conviction);
He has been arraigned (See Sec. 14 [2]) and pleaded (either guilty
or not guilty) to the charge;
He has been convicted or acquitted or the case against him has
been dismissed or otherwise terminated without his express
consent; and
He is being charged again for the same offense.
o RULE IN CASE OF MISTRIAL The right cannot be invoked
where a petition for a declaration of a mistrial is granted on
the ground that the proceedings have been vitiated by
lack of due process thereby a re-trial becomes necessary.

CLASSES OF DOUBLE JEOPARDY


(1) For the same offense. Under the first sentence, the protection
is against double jeopardy for the same act, provided he is
charged with a different offense (so an act may give rise to
more than one offense) except if the act is punished by a law
(enacted by Congress) and an ordinance (enacted by a
local legislative body) in which case conviction or acquittal
under either shall constitute a bar to another prosecution for
the same act.
(2) For the same act. The second sentence contemplates
double jeopardy of punishment for the same act (e.g., illegal
construction) and it applies although the offenses charged are
different, one constituting a violation of a statute and the other
of an ordinance.

RIGHT TO APPEAL IN CRIMINAL CASES


o The government has no right, therefore, to appeal from a
judgment of acquittal.
Government cannot file again the case when there is
an insufficiency of evidence and such violates the right
of the accused to speedy trial.
o The accused, after having been convicted, may appeal to a
higher court, but the latter may raise the penalty imposed on
him by the lower court and such is not second jeopardy.

DOCTRINE OF SUPERVENING EVENT


o A supervening
cause is
an
event
that
operates
independently of anything else and becomes the
proximate cause of an accident.

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When is second (2nd) prosecution allowed?


Supervening death
Unjustified dismissal
Dismissal on motion to quash
Absence of jurisdiction

POSSIBLE MCQ QUESTION


There is double jeopardy when the dismissal of the first case is
(A) made at the instance of the accused invoking his right to fair trial.
(B) made upon motion of the accused without objection from the
prosecution.
(C) made provisionally without objection from the accused.
(D) based on the objection of the accused to the prosecution's motion to
postpone trial.

CITIZENS OF THE PHILIPPINES


Citizenship is a term denoting membership of a citizen in a political
society, which membership implies, reciprocally, a duty of allegiance on
the part of the member and duty of protection on the part of the State.
Citizen is a person having the title of citizenship. He is a member of a
democratic community who enjoys full civil and political rights, and is
accorded protection inside and outside the territory of the State.

Who are citizens?


(A) Citizens of the Philippines at the time of the adoption of this
Constitution;
(B) Those whose fathers or mothers are citizens of the Philippines;
(C) Those who elected to be citizens. This is available only to:
a. Those born before January 17, 1973;
b. To Filipino mothers; and
c. Elect Philippine citizenship upon reaching the age of
majority. NOTE: Election must be made upon reaching
the age of 18 or until 3 years after (prescription period).
(D) Those naturalized in accordance with law.

GENERAL WAYS OF ACQUIRING CITIZENS


Involuntary method By birth, because of blood relationship (jus sanguinis)
or place of birth (jus soli/loci).
Voluntary method By naturalization, except in case of collective
naturalization of the inhabitants of a territory which takes place when it is
ceded by one state to another as a result of a conquest or a treaty.

NATURATIZATION
It is an act of formally adopting a foreigner into the political body of the
state and clothing him with the rights and privileges of citizenship.

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It implies the renunciation of a former nationality and the fact of entrance


to a similar relation towards a new body politic.
The rule is that in case of doubt concerning the grant of citizenship, such
doubt should be resolved in favor of the State and against the applicant
for naturalization.
Naturalization is never final and may still be revoked when one commits
an act against moral turpitude. (Republic v. Guy)
Not estoppel or res judicata may bar the State from revoking his
naturalization.
KINDS OF NATURALIZATION:
(1) 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 (naturalization en
masse) 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.
(2) Derivative naturalization in turn is conferred:
(a) on the wife of the naturalized husband;
(b) on the minor children of the naturalized parent;
(c) on the alien woman upon marriage to a national.

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QUALIFICATIONS [C.A. 473, Sec. 2]:


(1) Not less than twenty-one years of age on the day of the
hearing of the petition;
(2) Resided in the Philippines for a continuous period of 10 years or
more;
(3) Of good moral character; believes in the principles underlying
the Philippine Constitution; conducted himself in a proper and
irreproachable manner during the entire period of his
residence towards the government and community;
(4) Must own real estate in the Philippines worth P5,000 or more OR
must have lucrative trade, profession, or lawful occupation;
(5) Able to speak or write English or Spanish or anyone of the
principal languages;
(6) Enrolled his minor children of school age in any of the
recognized schools where Philippine history, government and
civics are taught or prescribed as part of the school curriculum,
during the entire period of the residence in the Philippines
required of him;

SPECIAL QUALIFICATIONS [C.A. 473, Sec. 2]: ANY will result to the
reduction of 10-year period to 5 years.

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(1) Having honorably held office under the Government of the


Philippines or under that of any of the provinces, cities,
municipalities, or political subdivisions thereof;
(2) Established a new industry or introduced a useful invention in
the Philippines;
(3) Married to a Filipino woman;
(4) Engaged as a teacher in the Philippines in a public or
recognized private school not established for the exclusive
instruction of children of persons of a particular nationality or
race, in any of the branches of education or industry for a
period of 2 years or more;
(5) Born in the Philippines.

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DISQUALIFICATIONS [C.A. 473, Sec. 2]:


(1) Persons opposed to organized government or affiliated with
groups who uphold and teach doctrines opposing all
organized governments;
(2) Persons defending or teaching the necessity or propriety of
violence, personal assault, or assassination for the success of
their ideas;
(3) Polygamists or believers in polygamy;
(4) Persons convicted of crimes involving moral turpitude;
(5)IPersons suffering from mental alienation or incurable
contagious diseases;
(6) Persons who during the period of their stay, have not mingled
socially with the Filipinos, or who have not evinced a sincere
desire to learn and embrace the customs, traditions, and
ideals of the Filipinos;
(7) Citizens or subjects of nations with whom the Philippines is at
war
(8) Citizens or subjects of a foreign country other than the United
States, whose laws do not grant Filipinos the right to become
naturalized citizens or subject thereof;

WAYS OF ACQUIRING CITIZENSHIP BY NATURALIZATION:


(1) By judgment of the court.
(2) By direct act of Congress.
(3) By administrative proceedings.

EFFECTS
o Naturalization shall confer upon the petitioner all the rights
of a Philippine citizen except only those reserved by the
Constitution to natural-born citizens of the Philippines. It
shall also vest Philippine citizenship upon his wife if she
might herself be lawfully naturalized including also his minor
children.

REVOCATION
o Denaturalization process by which grant of citizenship is
revoked.

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GROUNDS:
(1) Naturalization certificate was fraudulently or
illegally obtained [See Po Soon Tek v. Republic
(1974)]
(2) If, within the five years next following the
issuance, he shall return to his native country or
to some foreign country and establish his
permanent residence there remaining for more
than one year in his native country or the
country of his former nationality, or two years in
any other foreign country, shall be considered
as prima facie evidence of his intention of
taking up his permanent residence in the
same;
(3) Petition was made on an invalid declaration of
intention;
(4) Minor children of the person naturalized failed to
graduate from the schools mentioned in sec. 2,
through the fault of their parents, either by
neglecting to support them or by transferring
them to another school or schools.
(5) If he has allowed himself to be used as a dummy
in violation of the Constitutional or legal
provision requiring Philippine citizenship as a
requisite for the exercise, use or enjoyment of a
right, franchise or privilege.

Revocation on 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.

MIXED MARRIAGES
The old rule is that when a Filipina marries an alien then she automatically
acquires her husbands nationality. BUT this rule has been reversed by
Article 4, Section 4 which states that:
Citizens of the Philippines who marry aliens shall retain their Philippine
citizenship, unless by their act or omission they are deemed, under the
law, to have renounced it.

In a reverse situation where an alien woman marries a Filipino, according


to section 15 of CA No. 473, the woman given that she is qualified to be
lawfully naturalized shall be deemed a citizen of the Philippines.

She can establish her claim to Philippine citizenship in administrative


proceedings before the immigration authorities only and will not have to

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file a judicial action for this purpose. She is no longer required to prove
that she possesses all the qualifications to be notified.

LOSS AND REACQUISITION OF CITIZENSHIP


GROUNDS FOR LOSS OF CITIZENSHIP:
(1) Naturalization in a foreign country [C.A. 63, sec.1(1)];
(2) Express renunciation or expatriation [Sec.1(2), CA 63];
(3) Taking an oath of allegiance to another country upon reaching
the age of majority;
(4) Accepting a commission and serving in the armed forces of
another country, unless there is an offensive/defensive pact
with the country, or it maintains armed forces in RP with RPs
consent;
(5) Denaturalization;
(6) Being found by final judgment to be a deserter of the AFP;
(7) Marriage by a Filipino woman to an alien, if by the laws of her
husbands country, she becomes a citizen thereof.

The loss of Philippine citizenship cannot be presumed, there


must be an EXPRESS RENUNCIATION of his Philippine citizenship.

How may Philippine citizenship be reacquired?


(1) Naturalization, provided that the applicant
possesses none of the disqualifications
prescribed for naturalization.
(2) Repatriation results in the recovery of the
original nationality. It may be done by
deserters of the Army, Navy or Air Corps. It
may be done by a woman who lost her
citizenship by reason of marriage to an alien,
provided, that she repatriated in accordance
with the provisions of this Act after the
termination of the marital status; and
(3) Direct act of Congress, this is both a mode of
acquiring and reacquiring citizenship.
CASES:
o Bengson III v. HRET (2001)
o Frivaldo v. COMELEC (1989)
o Labo v. COMELEC (1989)

DUAL CITIZENSHIP
Refers to the possession of two citizenships by an individual, that of his
original citizenship and that of the country where he became a
naturalized citizen.

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Read the provisions of RA 9225 (Citizenship Retention and Re-acquisition


Act of 2003)

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Allows a person who acquires foreign citizenship to simultaneously enjoy


the rights he previously held as a Filipino citizen.

Enjoyment of the status of dual citizen will depend on the willingness of the
foreign country to share the allegiance of the naturalized Filipino with the
Philippines.

It is dual allegiance that is prohibited, not dual citizenship.

CASES:
Calilung v. Datumanong (2007)
Valles v. COMELEC (2000)
RIGHT OF SUFFRAGE IN ACCORDANCE TO RA 9225
Read the provisions of RA No. 9189 Overseas Absentee Voting Act
of 2003
CASES:
o Nicolas-Lewis v. COMELEC (2006)
o Japzon v. COMELEC (2009)
o Macalintal v. COMELEC (2003)

NATURAL-BORN CITIZENS
Article 4, Section 2
(1) Citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship; and
(2) Those that elect Philippine citizenship in accordance with [Art.
IV, Sec. 1(3)]
Natural-born citizens is defined to include those who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their Philippine citizenship (Tecson v. COMELEC, 2004).

DUAL ALLEGIANCE
Refers to the continued allegiance of naturalized nationals to their mother
country even after they have acquired Philippine citizenship.
It is declare inimical to national interest and Congress requires that it be
dealt with by law.
CASE:
Mercado v. Manzano (1989)

ADDITIONAL THINGS/TOPICS/QUESTIONS:

What is the distinction between speedy trial and speedy disposition of cases?
A Filipina sells a land (Lot A) to Lydia (a third person) that was acquired (considered as
conjugal property) when she and her German husband were still married (now
separated). The sale was made without the consent of the German husband. Is the sale
valid? Does the German husband have any rights to the proceeds of the sale?
Read the case of Terry v. Ohio (From Prelims period)
Eminent domain
o What does taking mean?

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Can one reclaim land that was taken from him/her?


What if the government did not appropriate the land to a public purpose to
which it was initially intended for?
Fery v. Municipality of Cabanatuan (1921)
Mactan-Cebu International Airport Case (2010)

Ouano v. Republic (2011)


What are the grounds for the calling out power of the President?
(1) Lawless violation
(2) Invasion or rebellion
Kulayan v. Tan
Is the suspension of the Writ of Habeas Corpus a political or justiciable question?
Roberto, a Filipino, sold his land to Chua, a Chinese. After 10 years, Chua sold the land to
Flores, a Filipino, is the sale between Chua and Flores valid? YES. Is the sale between
Roberto and Chua valid? NO.
Why is the Writ of Kalikasan akin to the Writs of Habeas Corpus and Habeas Data?
Read People v. Ayson thoroughly.
Is the assistance of counsel necessary in administrative cases? No, only in criminal cases.
When did the constitution take effect? February 2, 1987
Can the taxing power be used to implement police power? Example. Sin Tax Law
Reclusion perpetua v. Life imprisonment
Read Alberto v. Court of Appeals
At what point/ when is it required that the accused be represented by a counsel?
When is extrajudicial confession admissible?
o It must be voluntary.
o It must be with the assistance of counsel.
o It must be in writing.
o It must be expressed.
Only agricultural land may be registered so that it may be alienable.
In what instances can a case be dismissed and considered as res judicata?
o
o

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