CONSTI 2 Justice Agcaoili Finals Reviewer

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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)

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

o 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.

o 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 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.

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.

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.

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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


(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.

o SELF-INCRIMINATION


No person shall be compelled to be a witness against himself.

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 self-

incrimination, 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)

o 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.

o BAIL


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

o 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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The combination of all the circumstances is such as to produce

conviction beyond reasonable doubt.

CASE:

People v. Ramirez (1976)

o RIGHT TO BE HEARD


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.

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.

o TRIAL

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

o 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 cross-

examination.

Affidavits of witnesses who are not presented during the trial,

hence not subjected to cross-examination. (Cariago v. CA)

o 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)

o DOUBLE JEOPARDY


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.


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.


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.

o 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.

o 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.


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.

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.


(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.

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.


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.

o 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


file a judicial action for this purpose. She is no longer required to prove

that she possesses all the qualifications to be notified.

o 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)

o 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.

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

Act of 2003)


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)

o 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).

o 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?


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

o 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?

CONSTI 2 Justice Agcaoili Finals Reviewer

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