Classes of Double Jeopardy Naturalization - act of formally adapting a foreigner into the political body of the state and
tion - act of formally adapting a foreigner into the political body of the state and clothing
1. For the same offense - the protection is against double jeopardy for the same offense and not
the same act, provided that he is charged with a different offense.
2. For the same act - double jeopardy of punishment for the same act.
 
Section 22: No ex post facto law or bill of attainder shall be enacted.
Ex post Facto Law - An ex post facto law is one which operating retrospectively:
1. Makes an act done before the passage of a law;
2. Aggravates crimes or makes it greater than when it was committed;
3. Changes the punishment and inflicts a greater punishment than what the law annexed to the
crime, when committed; or
4. Alters the legal rules of evidence, and receives less testimony from what the law required at the
time of the commission of the offense, in order to convict the offender.
Characteristic of Ex post facto Law
• They relate to penal and criminal matters only
• Retroactive in their operation
• They deprive the person accused of crime of some protection or defense previously available to
their advantage.
Bill of Attainder - legislative act which inflicts punishment without a judicial trial, if the punishment is
less that death, the act is called bill of pains and penalties.
ARTICLE IV: CITIZENSHIP
Section 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
4. Those who are naturalized in accordance with law
Citizen - a person having the title of citizenship. He is a member of a democratic community who
enjoys full civil and political rights.
Citizenship - a term denoting membership of a citizen in a political society.
 
Subject and Alien
Subject - citizen of a member of a democratic community who enjoys full civil and political rights. In
a monarchal state, he is called a “subject”.
Alien - is a citizen of a country who is residing on or passing through another country. He is
popularly called as a “foreigner”.
General ways of acquiring citizenship:
• Involuntary Method - by birth, because of blood relationship by place of birth.
• 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 conquest or
treaty.
Citizens by birth
• Jus Sanguinis - Blood relationship is the basis for the acquisition of this rule. The children follow
the citizenship of the parent. The Philippines uses this rule.
• Jus soli/ jus loci - place of birth serves as the basis for acquiring citizenship under this rule. The
U.S. uses this rule. The person become the citizen where he is born irrespective of the citizenship
of the parents.
him with the rights and privileges of citizenship.
Ways of acquiring citizenship by Naturalization
1. By judgment of the court - the foreigner who wants to become a Filipino must apply for
Naturalization with the proper Regional Trial Court.
2. By direct act of Congress - our law making body simply enacts an act directly conferring
citizenship on a foreigner.
3. By administrative proceedings - under R.A.No.9139 (Jan.8, 2001)known as the “Administrative
naturalization Law of 2000”, aliens born and residing in the Philippines may be granted
citizenship by administrative proceedings by a special committee on Naturalization.
Section 2: Philippine citizenship
Kinds of Citizen under the Constitution
1. Natural born citizen:
- who at the moment of their birth are already citizens of the Philippines
- do not have to perform any act to acquire his Filipino Citizenship
2. Citizen at the time of adoption of the new Constitution - refer to those who are considered
citizens of the Philippines under the 1973 Constitution at the time of the adoption of the new
constitution.
3. Citizen through election - refers to those born on Filipino mothers before Jan. 17, 1973, who
upon reaching the age of majority, elect Philippine citizenship after the ratification of the 1973
Constitution.
4. Naturalized citizens - refers to those who were originally citizens of another country but who, by
an intervening act( naturalization), have acquired new citizenship in a different country.
Section 3: Philippine citizenship may be lost or reacquired in the manner provided by law.
Loss of citizenship
1. Voluntarily - it is called expatriation
• By naturalization in a foreign country
• By express renunciation of citizenship
• By subscribing to an oath of allegiance to a foreign country
• By rendering service to or accepting commission in the armed forces of a foreign country
2. Involuntarily
• By cancellation of his certificate of naturalization by court
• Having been declared by competent authority , a deserter of the Philippine Armed forces in the
time of war
Reacquisition of lost Philippine Citizenship
1. By naturalization, provided the applicant possesses none of the disqualification provided in the
naturalization law
2. By repatriation of deserters of the Philippine armed forces and women who lost their citizenship
by reason of marriage to an alien, after termination of their marital status
3. By direct act of the Congress of the Philippines.
Repatriation - is effected by merely taking the necessary oath of allegiance to the Republic of the
Philippines and registering the same in the proper civil registry.
Section 4: Citizens of the Philippines who marry aliens shall retain their citizenship, unless they to
have renounced it.
Effects of marriage of citizen to an alien
• A Filipino citizen who marries an alien does not lose his citizenship even if by the laws of his/her
wife’s/ husband’s country, he/she acquires her/his nationality.
• The exception is if they renounce their citizenship.
Section 5: Dual allegiance of citizens shall be dealt with by law.
Dual allegiance - refers to the continued allegiance of naturalized nationals to their mother country
even after they have acquired Filipino Citizenship.
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.
Duties and obligations of citizens
• To be loyal to the Republic - loyalty means faith and confidence in the Republic and love and
devotion to the country.
- pride in one’s country
- absolute and permanent allegiance to his government
• To love and defend the country
- love of country shown not by words but by deeds
- readiness to sacrifice his life in defense on his country
• To contribute to the development and welfare of the State
- many ways of contributing to the country
- working together for the common good - citizens do not live for themselves and for their
families alone. They are a part of the society to w/c they owe a definite responsibilities
• To uphold the constitution and obey the law
• To cooperate with duly constituted authorities - community living imposes obligations and
responsibilities upon the individual.
- Active concern with affairs of the government
- Need for civic courage and pride or sense of civic values
• To exercise rights responsibly and with due regards for the rights of others
- Exercise of rights to prejudice others not permissible
- Right to liberty not absolute
• To engage in gainful work – employment is not the obligation solely of the State.
- Duty to be a useful and productive member of the society
- Duty to work hard
• To register and to vote
- duty to vote responsibly
- duty to guard and protect the integrity of his vote
ARTICLE V: SUFFRAGE
Section 1: Suffrage may be exercised by all citizens of the Philippines at least eighteen years of age
Suffrage - Is the right and obligation to vote of qualified citizens in the election of certain national
and local officers of the government and in the decision of public questions submitted to the people.
Nature of Suffrage:
1. A mere privilege - not a natural right of the citizen but merely a privilege to be given or withheld
by the law making power subject to constitutional limitations.
2. A political right - in the sense of a right conferred by the Constitution. Suffrage is classified as a
political right.
Scope of Suffrage:
1. Election - means by which the people chose their officials.
2. Plebiscite - name given to vote of the people expressing their choice for or against a proposed
law
3. Referendum - submission of a law or part thereof passed by the national or local legislative body
4. Initiative - process whereby the people directly propose and enact law.
5. Recall - method by which a public officer may be removed from office during his tenure or before
the expiration of his term.
Qualification of voters:
1. Must be a citizen (male or female) of the Philippines
2. Not otherwise disqualified by law
3. At least 18 years of age
4. Have resided in the Philippines for at least 1 year and in the place wherein he proposes to vote
at least six months preceding the election.
Persons disqualified to vote
1. Any person who has been sentenced by final judgment to suffer imprisonment by not less than 1
yr.
2. Any person who has been adjudged by final judgment by competent court of having committed
any crime involving disloyalty, rebellion, sedition, etc.
3. Insane or incompetent person declared by a competent authority.
Section 2: The Congress secure the secrecy and sanctity of the ballot.
Congress - designs a procedure for the disabled and the illiterate to vote w/o assistance.
ARTICLE VI: THE LEGISLATIVE DEPARTMENT
Section 1: The legislative power shall be vested in the Congress of the Philippines
Legislative power - authority under the constitution to make laws and subsequently, when the need
arises, to alter and repeal them.
Law - refers to statutes which are the written enactments of the legislature governing the relations of
the people among themselves or between them and the government and its agencies.
Scope of legislative power of Congress
1. Plenary or General - a grant of legislative power means the grant of all legislative power for all
purposes of civil government.
2. Legislative powers not expressly delegated deemed granted - the delegated power of our
Congress are broader than the legislative power of American Congress
Two Classification of Power of Congress
Primary function of Congress is to legislate
1. General Legislative Power - power to enact laws intended as rules of conduct to govern the
relationship among individuals and the State.
2. Specific Power - powers which the Constitution expressly directs or authorizes Congress to
exercise like the power to choose who shall become President in case two or more have the
highest or equal number of votes to confirm certain appointment by the President.
3. Implied Power - they are those essential or necessary to the effective exercise of the powers
expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to
punish for contempt and to determine the rules of its proceedings.
4. Inherent Power - powers which are possessed and can be exercised by every government
because they exist as an attribute of sovereignty.