You are on page 1of 7

Unless otherwise provided by law, the regular election for President and Vice-Pr esident shall be held on the

secondMonday of May.The returns of every election f or President and Vice-President, duly certified by the board of canvassers of ea chprovince or city, shall be transmitted to the Congress,directed to the Preside nt of the Senate. Upon receipt of thecertificates of canvass, the President of t he Senate shall,not later than thirty days after the day of the election, openal l the certificates in the presence of the Senate and theHouse of Representatives in joint public session, and theCongress, upon determination of the authenticit y and dueexecution thereof in the manner provided by law, canvassthe votes.The p erson having the highest number of votes shall beproclaimed elected, but in case two or more shall have anequal and highest number of votes, one of them shallfo rthwith be chosen by the vote of a majority of all theMembers of both Houses of the Congress, votingseparately.The Congress shall promulgate its rules for the c anvassingof the certificates.The Supreme Court, sitting en banc, shall be the so le judgeof all contests relating to the election, returns, andqualifications of the President or Vice-President, and maypromulgate its rules for the purpose.ART ICLE XVIGENERAL PROVISIONSSection 2. The Congress may, by law, adopt a new namef or the country, a national anthem, or a national seal, whichshall all be truly r eflective and symbolic of the ideals,history, and traditions of the people. Such law shall ta eeffect only upon its ratification by the people in a nationalrefe rendum.ARTICLE XVIIITRANSITORY PROVISIONSSection 25. After the expiration in 199 1 of the Agreementbetween the Republic of the Philippines and the UnitedStates o f America concerning military bases, foreign militarybases, troops, or facilitie s shall not be allowed in thePhilippines except under a treaty duly concurred in by theSenate and, when the Congress so requires, ratified by amajority of the v otes cast by the people in a nationalreferendum held for that purpose, and recog nized as atreaty by the other contracting State. C. As citizens ARTICLE IIDECLARATION OF PRINCIPLES AND STATE POLICIESPRINCIPLESSection 1. The P hilippines is a democratic and republicanState. Sovereignty resides in the peopl e and all governmentauthority emanates from them.Section 4. The prime duty of th e Government is to serveand protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, allcitizens may be r equired, under conditions provided by law,to render personal, military or civil service.ARTICLE IIIBILL OF RIGHTSSection 7. The right of the people to informati on on mattersof public concern shall be recognized. Access to officialrecords, a nd to documents and papers pertaining to officialacts, transactions, or decision s, as well as to governmentresearch data used as basis for policy development, s hallbe afforded the citizen, subject to such limitations as maybe provided by la w. D. Government Definition: is the agency or instrumentality through whichthe will of the State is formulated, expressed and realized.Government of the Republic of the Philippi nes :In case of People vs. Sandiganbayan; the law providesthat the contribution by military officers and enlistedpersonnel to the System shall be compulsory. Its enablinglaw further mandates that the Sy stem shall be administeredby the Chief of Staff of the Armed Forces of the Phili ppinesthrough an agency, group, committee or board, which maybe created and orga nized by him and subject to such rulesand regulations governing the same as he m ay, subject tothe approval of the Secretary of National Defense,promulgate from time to time. Moreover, the investment of funds of the System shall be decided b y the Chief of Staff of the Armed Forces of the Philippines with the approval of theSecretary of National Defense.Constituent vs Ministrant Functions Constituent functions constitute the very bonds of societyand are therefore compulsory. Among the cons tituentfunctions are the following;1.The eeping of order and providing for thep rotection of persons and property from violenceand robbery;2.The fixing of the l

egal relations between husbandand wife and between parents and children.3.The re gulation of the holding, transmission andinterchange of property, and the determ ination of itsliabilities for debt or crime;4.The determination of contractual r ights betweenindividuals;5.The definition and punishment of crimes;6.The adminis tration of justice in civil cases;7.The administration of political duties, priv ileges andrelations of citizens; and8.The dealings of the State with foreign pow ers; thepreservation of the State from external danger or encroachment and the a dvancement of itsinternational interests. Ministerial functions are those underta en to advance thegeneral interests of society, such as public wor s, publiccharity, and regulation of trade and industry. Thesefunctions are m erely optional.In case of ACCFA vs CUGCO ;the court held;The ACA is a government office or agency engaged ingovernmental, not proprietary functions. These functionsmay not be strictly what President Wi lson described as"constituent" (as distinguished from "ministrant"), such asthose rel ating to the maintenance of peace and the prevention of crime, those regulating property and property rights, those relating to the administration of justice an d thedetermination of political duties of citizens, and thoserelating to nationa l defense and foreign relations. Under thistraditional classification, such cons tituent functions areexercised by the State as attributes of sovereignty, and no t merely to promote the welfare, progress and prosperity of the people these lat ter functions being ministrant, theexercise of which is optional on the part of the government. PARENS PATRIAEDefinition: Guardian of the rights of the people.In case of Government of the Phil. Vs. Monte de Piedad, the court held the right of the government to file the case for the State as par ens patriae in representation of thelegitimate claimants.In Cabanas v Pilapil , the Supreme Court said; Prepared by: Madelyn Taytayon, Edcel Quiben, Jilliane Oria and Prince Lising the judiciary as the agency of the State acting as parenspatriae, is called upon whenever a pending suit or litigationaffects one who is a minor to accord priori ty to his bestinterests. It may happen as it did in this case, that familyrelati ons may press their respective claims. It would bemore in consonance not only with the natural order of thingsbut the t radition of the country for a parent to be preferred. DE JURE GOVERNMENT/ CRITERIA FOR LEGITIMACYA de jure government has rightful title but no power or control, either because this has been withdra wn from it or because it has not yet actually entered into exercisesthereof. DE FACTO GOVERNMENTA de facto government is a government of fact, that is, itactually exercises power or control but with out legal title.KINDS of de facto government;1.The government that gets possessi on and controlof, or usurps, by force or by the voice of themajority, the rightf ul legal government andmaintains itself against the will of the latter, such ast he government of England under theCommonwealth, first by Parliamentary and later byCromwell as Protector.2.That established as an independent government bythe i nhabitants of a country who rise in insurrectionagainst the parent state, such a s the government of the Southern Confederacy in revolt against theUnion during t he war of secession in the UnitedStates. 3. That which is established and maintained bymilitary forces who invade and occupy a territory of the enemy in the course of war, and which isdenominated as a gov ernment of paramount force,such as the cases of Castine in Maine, which wasreduc ed to a British possession in the war of 1812,and of Tampico, Mexico, occupied d uring the war with Mexico by the troops of the United States.In case Co Kim Cham vs Valdez

, the court define the indsof de facto governments;There are several inds of d e facto governments. The first,or government de facto in a proper legal sense, i s thatgovernment that gets possession and control of, or usurps,by force or by t he voice of the majority, the rightful legalgovernment and maintains itself agai nst the will of the latter.The second is that which is established and maintaine d bymilitary forces who invade and occupy a territory of theenemy in the course of war, and which is denominated agovernment of paramount force. And the third i s thatestablished as an independent government.By contrast, the Supreme Court un animously held inLawyers League for a better Philippines v Aquino that thepeople have made the judgment; they have accepted thegovernment of Pres. Aquino which i s in effective control of the entire country so that it is not merely a de facto government but in fact and law a de jure government.Moreover, the community of n ations has recognized thelegitimacy of the present government.Government disting uished from AdministrationGovernment must be distinguished from administration,w hich is the group of persons in whose hands the reins of government are for the time being. The administration runsthe government as a machinist operates his ma chine. Administration is transitional whereas the government is permanent. OTHER CLASSIFICATIONS OF GOVERNMENTSa.Based on accountability to the peopleb.Pre sidential vs Parliamentaryc.National. Local, federal E. Sovereignty Definition: is the supreme and uncontrollable power inherentin a State by which that State is governed.Kinds:1.Legal Sovereignty is the authority which has thep ower to issue final commands.2.Political Sovereignty is the power behind the leg alsovereign or the sum of the influences that operateupon it.3.Internal Sovereig nty refers to the power of theState to control its domestic affairs.4.External S overeignty power of the State to directits relations with other States is also nown asindependence.Sovereign is permanent, exclusive, comprehensive,absolute, i ndivisible, inalienable, and imprescriptible. Effects of Change of Sovereignty In case of Macariola vs Asuncion , the court held that ;Upon the transfer of sovereignty from Spain to the United States and later on from the United States to the Republicof the Philippines, Ar t. 14 of the Code of Commerce mustbe deemed to have been abrogated because where there isa change of sovereignty , the political laws of the former sovereign , whether compatible or not with those of the newsovereign, are automatically abro gated, unless they areexpressly re-enacted by affirmative act of the newsovereig n. Acts of State In case of Harvey vs. Commissioner , the court held that;Every sovereign power has the inherent power to excludeali ens from its territory upon such grounds as it may deemproper for its self-prese rvation or public interest. The power to deport aliens is an act of State, an ac t done by or under the authority of the sovereign power. It is a police measurea gainst undesirable aliens whose continued presence in thecountry is found to be injurious to the public good and thedomestic tranquility of the people. Particul arly so in thiscase, where the State has expressly committed itself todefend the tight of children to assistance and specialprotection from all forms of neglect , abuse, cruelty,exploitation, and other conditions prejudicial to their develop ment (Article XV, Section 3[2]). RespondentCommissioner of Immigration and Depor tation, in institutingdeportation proceedings against petitioners, acted in thei nterests of the State. VI. CITIZENSHIPCitizenshipis membership in a political community whichis personal and more or less permane nt in character. Nationalityis membership in any class or form of politicalcommunity. Thus, nationals may be citizens [if member of ademocratic community] or subjects [if members of amonar

chial community]. It does not necessarily include theright or privilege of exerc ising political and civil rights. Modes of Acquiring Citizenship Jus Soli acquisition of citizenship on thebasis of place of birth. Jus sanguinis- acquisition of citizenship onthe basis of blood relationship. Naturalization- the legal act of adopting analien and clothing him with the priv ilege of native-born citizen. MarriageA.Who are Philippine Citizens; Prepared by: Madelyn Taytayon, Edcel Quiben, Jilliane Oria and Prince Lising Section 1. The following are citizens of the Philippines:[1] Those who are citizens of the Philippines at thetime of the adoption of this Constitution;[2] Those whose fath ers or mothers are citizens of the Philippines;[3] Those born before January 17, 1973, of Filipinomothers, who elect Philippine citizenship uponreaching the age of majority; and[4] Those who are naturalized in accordance withlaw. Procedure for election of Philippine citizenship 1. Election is expressed in a statement to be signed and sworn to by the party concerned before anyofficial authorized to administer oaths. 2. Statement to be filed with the nearest Civil Registry accompanied with the Oath of Allegiance to theConstitution and the Government of the Philippines.[Sec. 1, CA 625]. Naturalized citizens are those who have become Filipinocitizens through naturalization, generally und er CA No. 473,otherwise nown as the Revised Naturalization Law, whichrepealed t he former Naturalization Law (Act No. 2927), andby RA 530.To be naturalized, an applicant has to prove that hepossesses all the qualifications and none of thedi squalifications provided by law to become a Filipinocitizen. The decision granti ng Philippine citizenshipbecomes executor only after 2 years from its promulgati onwhen the court is satisfied that during the interveningperiod, the applicant:1 . Has not left the Philippines;2. Has dedicated himself to a lawful calling or p rofession;3. Has not been convicted of any offense or violation of government pr omulgated rules; or 4. Has not committed any act prejudicial to the interest of the nation or contrary to any government announcedpolicies. [Sec. 1, RA 530] Naturalization -mode for both acquisition and reacquisition of citizenship-governed by CA 473 ( for acquisition) and CA 63 (for reacquisition)-consists a lengthy process Modes of Naturalization: 1. DIRECT- through:a. Judicial or administrative proceedings- e.g. RA 9139 TheAdministrative Naturalization Law of 2000 grantsPhilippine citizenship to aliens born and residing in thePhilippinesb. Spec ial act of legislature- this is discretionary onCongress; usually conferred on a n alien who has made anoutstanding contribution to the countryc. Collective chan ge of nationality, as a result of cessationor subjugationd. Some cases, by adopt ion of orphan minors as nationalsof the State where they are born2. DERIVATIVE-C itizenship conferred on:a. Wife of naturalized husband;b. Minor children of natu

ralized person;c. Alien woman upon marriage to a national. Denaturalization Grounds:1. Naturalization certificate was obtained fraudulently or illegally;2. Within 5 years, he returns to his native country or tosome foreign country and e stablishes residence there;Prima Facie evidence of intent to ta e up residence:a . Native country- 1-year stayb. Foreign country- 2-year stay3. Petition was made on an invalid declaration of intent;4. Minor children failed to graduate throug h the fault of theparents either byneglecting to support them or by transferring them toanother school;5. Allowed himself to be used as a dummy; Effects of Denaturalization: 1. If the ground affects the intrinsic validity of theproceedings, denaturalizat ion shall divest the wife andchildren of their derivative naturalization;2. If t he ground was personal to the denaturalized person,his wife and children shall r etain their Philippine citizenship. Section 2. Natural-born citizens are those who are citizensof the Philippines from birth wi thout having to perform anyact to acquire or perfect their Philippine citizenshi p. Thosewho elect Philippine citizenship in accordance withparagraph (3), Sectio n 1 hereof shall be deemed natural-born citizens. Section 3. Philippine citizenship may be lost or reacquiredin the manner provided by law. Loss of citizenship:1. By naturalization in a foreign country However, thiswas modified by RA 9225An Act Ma ing theCitizenshipof Philippine Citizens Who Acquire Foreign Cit izenshipPermanent September 15, 2003 which declares thepolicy of the State that all Philippine cit izens who becomecitizens of another country shall be deemed to have losttheir Ph ilippine citizenship under the conditions of this Act. They may reacquire Philippine citizenship by ta ingthe oath of allegiance Those Filipino citizens who, after the effectivity of RA 9225, become citizens o f a foreign country, mayreacquire Philippine citizenship upon ta ing theoath of allegiance Unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those whoreacquire their Philippine citizenship upon theeffectivity of R A 9225 shall be deemed citizens of the Philippines. Those who reacquire or retain Philippine citizenshipunder this Act shall enjoy f ull civil and political rightsand be subject to all attendant liabilities andres ponsibilities under existing laws of thePhilippines and the followingconditions: Meet the requirements of RA 9189, TheOverseas Absentee Voting Act of 2003,and ot her existing laws For those see ing elective public office andappointive office, meet the qualifications,ma e personal and sworn renunciation,subscribe and swear to an oath of allegiance to the RP For those intending to practice their profession, apply with the proper authorit yfor a license or permit to engage in suchpractice2. By express renunciation of citizenship Prepared by: Madelyn Taytayon, Edcel Quiben, Jilliane Oria and Prince Lising Conscious, voluntary and intelligent renunciation Express renunciation means a renunciation made nown distinctly and explicitly, a nd not left toinference or implication. Mere registration of alien in BID and merepossession of foreign passport do not constituteeffective renunciation.

In Willie Yu vs. Defensor-Santiago, obtaining aPortuguese passport and signing commercialdocuments as a Portuguese w ere construed asrenunciation of Philippine citizenship.3. By subscribing to an oath of allegiance to support theConstitution or laws of a foreign country upon attaining theage of 21; provided, however, that a Filipino may not divesthimself of Philippine citi zenship in this manner while RP isat war with any country. an application of the principle of Indelible Allegiance.by virtue of RA 92254. By rendering service to or accepting commission inthe armed forces of a foreign country EXCEPT: If RP has a defensive and/or offensive pact of alliance with the said foreign co untry; and The said foreign country maintains armed forces inPhilippine territory with the consent of RP5. By cancellation of the certificate of naturalization 6. By having been declared by competent authority adeserter of the pardon or amnesty has been granted. Reacquisition of citizenship: 1. Under RA 9225, by ta ing an oath of allegiance2. By naturalization3. By repat riation4. By direct act of Congress Repatriation -mode for reacquisition for those who lost their citizenship-governed by various statutes-consists of ta ing of an oath of allegiance to the RP andregistering s aid oath in the LCR of the place where thepersonconcerned resides or last reside d Effect of repatriation: It allows the person to recover or return to, his originalstatus before he lost his Philippine citizenship. Thus, therespondent, a former natural-born Filipino citizen who losthis Philippine citizenship when he enlisted in the US MarineCorp s, was deemed to have recovered his natural-bornstatus when he reacquired Filipi no citizenship throughrepatriation.The only persons entitled to repatriation und er RA 8171 arethe following:a) Filipino women who lost their Philippine citizens hip bymarriage to aliens; andb) Natural-born Filipinos including their minor chi ldren wholost their Philippine citizenship on account of politicalor economic ne cessity. Section 4. Citizens of the Philippines who marry aliens shallretain their citizenship, unle ss by their act or omission, theyare deemed, under the law, to have renounced it . Section 5. Dual allegiance of citizens is inimical to thenational interest and shall be dea lt with by law. Doctrine of INDELIBLE ALLEGIANCE: an individual maybe compelled to retain his original nationality even if he hasa lready renounced or forfeited it under the laws of thesecond State whose nationa lity he has acquired. Dual Citizenship arises as a result of the concurrent application of the different laws of 2 or m ore states, a person issimultaneouslyconsidered as a national of said states invo luntary Dual Allegiance refers to a situation in which a personsimultaneously owes, by some positive act , loyaltyto 2 or more states voluntary

Instances when a citizen of the Philippines maypossess dual citizenship: 1. Those born of Filipino fathers and/or mothers in foreigncountries which follo w the principle of jus soli ;2. Those born in the Philippines of Filipino mothers andalien fathers if by the laws of their fathers country suchchildren are citizens of that country;3. Those who marry aliens if by the laws of the latterscountry the former are considered citizens, unless by their act or omission they are deemed to have renouncedPhili ppine citizenship.

You might also like