Quick List – CONSTI II
Article III, Section 1
Procedural Due Process in the Promulgation of Laws:
a. Law and other government issuances must be
published.
b. Law and other government issuances must not be
vague.
Procedural Due Process for Judicial Proceedings in
Civil Cases:
1. There must be a court or tribunal clothed with
judicial power to hear and determine the matter
before it.
2. Jurisdiction must be lawfully acquired over the
person of the defendant or over the property
which is the subject of the proceedings.
3. The defendant must be given an opportunity to
be heard.
4. Judgment must be rendered upon lawful hearing.
Procedural Due Process in General:
1. Judicial actions must be judged by a person with
the cold neutrality of an impartial judge.
Procedural Due Process in Deportation Proceedings:
1. Charges against an alien must specify the acts or
omissions complained of.
2. Preliminary investigation must be conducted to
determine if there is sufficient cause to charge
respondent with deportation.
3. Rules of Criminal Procedure should be
followed.
4. Private prosecutors should not be allowed to
intervene.
Procedural Due Process in Administrative/Quasi-
Judicial Proceedings:
1. Right to a hearing and to submit evidence
2. Tribunal must consider the evidence
3. Decision must have something to support itself.
4. Evidence must be substantial.
5. Decision must be based on the evidence
presented in the hearing.
6. Tribunal acts on its own independent
consideration of the law and facts.
7. Tribunal should render its decision in such
manner that the parties know the various issues
involved and the reason for the decision.
Procedural Due Process in School Disciplinary
Proceedings:
1. The students must be informed in writing of the
nature and cause of any accusation against them.
2. They shall have the right to answer the charges
against them, with the assistance of counsel, if
desired.
3. They shall be informed of the evidence against
them.
4. They shall have the right to adduce evidence in
their own behalf.
5. The evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the case.
Procedural Due Process in Bank Closure Proceedings:
1. The law allows the Bangko Sentral, through the
Monetary Board, to close and order banks to
cease from further business even without notice
and hearing (close now, hear later doctrine).
Substantive Due Process:
1. Lawful subject or purpose
2. Lawful means or methods
Three Tests to Determine if a Legislative Measure
Satisfies Substantive Due Process:
1. Strict Scrutiny Test – presence of compelling
state interest + absence of less restrictive means;
regulation of speech, gender, race and other
fundamental rights
2. Intermediate or Heightened Scrutiny Test –
governmental interest is extensively examined
(important state interest) + availability of less
restrictive measures
3. Rational Basis Test – laws or ordinances are
upheld if they rationally further a legitimate
governmental interest; economic legislation and
property rights
Equal Protection (Reasonable Classification):
1. It must rest on substantial distinctions.
2. It must be germane to the purpose of the law.
3. It must not be limited to existing conditions
only.
4. It must apply equally to all members of the
same class.
Tests for Valid Classification:
1. Strict Judicial Scrutiny – suspect classifications
such as gender or illegitimacy
2. Intermediate Scrutiny – race, national origin,
religion, alienage, and other rights recognized as
fundamental
3. Rational Basis – most liberal and most used in
PH
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Quick List – CONSTI II
Article III, Section 2
Valid Warrantless Arrests:
1. Arrests in Flagrante Delicto
2. Hot Pursuit Arrest
3. Arrest of Escaped Prisoners
Valid Warrantless Searches and Seizures:
1. Consented Warrantless Search
2. Warrantless search incidental to a lawful arrest
3. Search and seizure of evidence in plain view
4. Search of a moving vehicle
5. Customs search
6. Stop and Frisk
7. Search during Exigent and Emergency
Circumstances
8. Visual search at checkpoints
9. Inspection of buildings
10. Searches of vessels and aircraft
Requisites for Search Warrant:
1. There must be an application under oath,
referring to the truth of the facts that are within
the personal knowledge of the petitioner or
witnesses.
2. In the determination of probable cause, the judge
must personally examine, in the form of
searching questions and answers, under oath or
affirmation, the complainant and witnesses he
may produce.
3. Existence of probable cause as determined
personally by the judge.
4. The warrant must be issued in relation to one
specific offense.
5. The warrant must particularly describe the
place to be searched and the persons or things to
be seized.
Requisites for a Valid Warrant of Arrest:
1. There must be an information filed by the
prosecutor recommending the trial of the
accused.
2. Existence of probable cause as determined
personally by the judge
3. Particular description of the person sought to
be arrested
Article III, Section 4
O’Brien Test for Content-Neutral Regulation:
A government regulation is sufficiently justified if:
1. It is within the constitutional power of the
Government.
2. It furthers an important or substantial
governmental interest.
3. The governmental interest is unrelated to the
suppression of free expression.
4. The incidental restriction on alleged First
Amendment freedoms (of speech, expression and
press) is no greater than is essential to the
furtherance of that interest.
Central Hudson Standards or Test for Validity of
Commercial Speech Suppression:
To enjoy protection, commercial speech must NOT:
1. Be false or misleading, and
2. Propose an illegal transaction.
3. Even truthful and lawful commercial speech
may be regulated if:
a. Government has a substantial interest
to protect.
b. The regulation directly advances that
interest.
c. It is not more extensive than is
necessary to protect that interest.
Two Kinds of Prior Restraint:
1. Content-based Regulation – focuses on the
message itself
2. Content-neutral Regulation – focuses on the
incidentals of the speech (time, place, etc)
Tests Used in Valid Subsequent Punishment:
1. Dangerous Tendency Test – speech may be
curtailed when it creates a dangerous tendency
which the State has the right to prevent
2. Clear and Present Danger Test - whether the
words used in such circumstances are of such a
nature as to create a clear and present danger
that will bring about the substantive evils that
Congress has a right to prevent
3. Balancing of Interests Test – basically, a
weighing of the different interests involved in
the controversy; when there are two or more
competing interests and there is really no evil or
danger involved
Note: Second and third used often.
Facial Challenge v. As-Applied Challenge
FACIAL CHALLENGE AS-APPLIED CHALLENGE
Seeks to invalidate it in its Seeks to invalidate a
entirety, because every particular application of a
application is statute
unconstitutional
May be brought soon after Cn only be brought once it
a statute’s passage in has been enforced
legislature
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Quick List – CONSTI II
Examination of the entire Considers only extant
law facts affecting real
litigants
Grounds for a Facial Challenge:
1. Vagueness – lacks comprehensible standards
that men of common intelligence must
necessarily guess at its meaning and differ as to
its application
a. Failure to accord persons fair notice of
the conduct to avoid
b. Leaves law enforcers unbridled
discretion in carrying out its provisions
and becomes an arbitrary flexing of the
Government muscle
2. Overbreadth – governmental purpose to control
or prevent activities constitutionally subject to
state regulations may not be achieved by means
which sweep unnecessarily broadly and thereby
invade the areas of protected freedoms
a. Overbreadth is only applicable in Facial
Challenges, not in As-Applied
Challenges.
b. Overbreadth is only applicable in Free
Speech Cases.
Note: Facial Challenge does not apply to criminal laws,
because criminal statutes have general in terrorem effect;
if a facial challenge to a penal statute is permitted, the
prosecution of crimes may be hampered.
In the following cases, malice is NOT presumed and
actual malice must be proved as a fact:
1. Privileged communications
a. Absolute – parliamentary immunity
b. Qualified – private communications
made by any person in the performance
of any legal, moral or social duty
2. Fair and true commentaries on governmental
conduct
3. Fair commentaries on matters of public interest
4. Commentaries on Public Officials and Public
Figures
5. Testimony in Judicial Proceedings which are
relevant to the case
Miller Test to determine obscenity:
1. Whether the average person, applying
contemporary community standards, would
find the work, taken as a whole, appeals to
prurient interest
2. Whether the work depicts or describes, in a
patently offensive way, sexual conduct
specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value
Kalaw-Katigbak Test to determine obscenity:
1. Whether to the average person, applying
contemporary community standards, the
dominant theme of the material, taken as a whole,
appeals to prurient interest
Article III, Section 5
Lemon Test to determine validity of government aid
redounding to the benefit of religious sects or churches:
1. It must have a secular purpose.
2. It must have a primary effect that neither
advances or inhibits religion.
3. It must not require excessive entanglement with
recipient institutions.
Tests applied to determine violations of the Non-
Establishment Clause:
1. Strict Neutrality/Separation – rigid reading of
the principle of separation of church and state;
does not consider inadvertent burden of religious
exercise
2. Benevolent Neutrality/Accommodation – this
approach gives room for accommodation of
religious exercises, provided that it does not
offend compelling state interest
Tests to determine Violations of the Free Exercise
Clause:
1. Clear and Present Danger Test – whether
governmental interference is justified by a clear
and present danger of a substantive evil that the
State has the right to prevent
2. Compelling State Interest Test
In order to interfere with religious exercise,
a. The court should look into sincerity of
religious belief, without inquiring into
the truth of the belief.
b. State has to establish that its purposes
are legitimate and compelling enough
to override such religious belief and
practice
c. State must use the least intrusive and
restrictive means.
Article III, Section 9
Expropriation: When is there taking?
For taking to occur, the following must be present:
1. The expropriator must enter upon the private
property.
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Quick List – CONSTI II
2. Entry must not be for a momentary period only
(must be permanent or at least indefinite).
3. Entry must be under warrant or color of
authority.
4. Property must be devoted to public use or
otherwise informally appropriated or injuriously
affected.
5. Utilization of the property must be in such a way
as to oust the owner and deprive him of all
beneficial enjoyment of the property.
Requisites for the Validity of Expropriation:
1. The taking must be for purposes of public use.
2. There must be payment of just compensation.
Judicial Review of Just Compensation:
1. Adequacy of compensation
2. Necessity of taking
3. Public use character of taking
Article III, Section 10
When is there an impairment of contracts?
1. A law changes the contract between parties by
either:
a. Changing the terms of a legal contract
between the parties, either in time or
mode of performance
b. Imposing new conditions or dispenses
with those expressed
c. Authorizing for its satisfaction
something different from that provided
in its terms
d. Changing the intention of the parties
2. The impairment must involve substantial rights
and not mere procedural remedies.
3. The law must change the relationship between
the parties to a contract, and not between
parties and non-parties.
Article III, Section 12
Rights of Persons in Custodial Investigations (Section
12(1))
1. Right to remain silent
2. Right to have competent and independent
counsel, preferably of his own choice
3. Right to be informed of such rights (1 and 2)
Miranda Rights:
1. Right to remain silent
2. Anything you say can be used against you
1
Act defining certain rights of person arrested, detained or
under custodial investigation x x x
3. Right to have counsel present before and during
the questioning
4. Right to have a ‘free’ attorney if indigent
5. Even if one consents to answering without
counsel, interrogation must cease upon request
for counsel
6. Violation of these rights shall render the
statements inadmissible
Additional Information under RA 74381
1. Any person arrested, detained or under custodial
investigation shall at all times be assisted by
counsel.
2. Arresting officer shall inform the said person, in
a language known to and understood by the
latter, of his rights to remain silent and to have
competent and independent counsel, preferably
of his own choice. If he cannot afford the services
of his own counsel, he must be provided with a
competent and independent counsel by the
investigating officer.
3. Before the report is signed or thumbmarked, it
shall be read and adequately explained by his
counsel.
4. Any extrajudicial confession made by the
person arrested, detained or under custodial
investigation shall be in writing and signed by
such person in the presence of his counsel;
otherwise, such confession shall be inadmissible
in any proceeding.
5. Any waiver by a person arrested or detained or
under custodial investigation shall be in writing
and signed by such person in the presence of
his counsel; otherwise, the waiver shall be null
and void and of no effect.
6. Custodial investigation shall include the
practice of issuing an invitation to a person who
is investigated in connection with an offense he is
suspected to have committed, without prejudice
to the liability of the inviting officer for any
violation of law.
Rights of the Accused
Rights of the Accused in Criminal Cases:
1. Right against torture, force, violence
2. Right against secret detention places, solitary,
incommunicado, or other similar forms of
detention (Sec. 12(2))
3. Right to bail (Sec. 13)
4. Right to due process of law (Sec. 14(1))
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Quick List – CONSTI II
5. Right to be presumed innocent until proven
guilty (Sec. 14(2))
6. Right to be heard (Sec. 14(2))
7. Right to assistance of counsel (Sec. 14(2))
8. Right to be informed of the nature and cause of
the accusation against him (Sec. 14(2))
9. Right to have a speedy, impartial and public
trial (Sec. 14(2))
10. Right to meet the witnesses face to face (Sec.
14(2))
11. Right to have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf (Sec. 14(2))
12. Right against self-incrimination (Sec. 17)
13. Right against double jeopardy (Sec. 21)
Why is bail awarded to the accused?
1. To honor the presumption of innocence until
the guilt of the accused is proven beyond
reasonable doubt
2. To enable the accused to prepare his defense
without being subject to punishment prior to
conviction
When is bail available as a matter of right, as a matter
of discretion, not allowed?
1. Bail as a matter of right – before conviction by
the trial court AND accused is not charged with a
capital offense (RP-life imprisonment)
2. Bail as a matter of discretion
a. Before conviction by the trial court AND
the accused is charged with a capital
offense
i. Bail hearing will be done to
determine whether or not the
evidence of guilt is strong
b. There is conviction by the trial court, but
judgment not yet final AND the offense
is not a capital offense and the following
circumstances are present:
i. Penalty is imprisonment not
exceeding 6 years
ii. Accused is not any of the
following:
1. Repeat Offender
2. Previously escaped from
legal confinement, etc.
3. Committed the offense
under probation
4. Flight risk
5. There is undue risk that
he may commit another
crime.
3. Bail not allowed
a. When the accused has already been
convicted by final judgment or when the
accused has commenced to serve
sentence
b. When there is conviction by TC, but
judgment not yet final AND the offense
is a capital offense
c. When there is conviction by TC, but
judgment not yet final, AND the offense
is not a capital offense, and the following
circumstances are present:
i. Penalty is imprisonment
exceeding 6 years
ii. Prosecution proves any of the
following circumstances:
1. Repeat offender
2. Previously escaped from
legal confinement
3. Committed the offense
while on probation
4. Flight risk
5. There is undue risk that
he may commit another
crime.
Trial in Absentia: Requisites
1. The accused has been arraigned.
2. He has been duly notified.
3. His failure to appear is unjustifiable.
Pre-Arraignment Duties of the Trial Judge:
1. To inform the accused that he has the right to
have his own counsel before being arraigned
2. After giving such information, to ask accused
whether he desires the aid of counsel
3. If he so desires to procure the services of counsel,
the court must grant him reasonable time to do
so; and
4. If he so desires to have counsel but is unable to
employ one, the court must assign counsel de
oficio to defend him.
a. Failure to assign counsel would be
sufficient cause for the reversal of the
case.
b. After arraignment, duty to appoint
counsel de oficio is mandatory only at the
time of arraignment.
Kinds of Compulsion covered by the Right against
Self-Incrimination:
1. Testimonial compulsion
a. What is prohibited is the use of physical
or moral compulsion to extort
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Quick List – CONSTI II
communication from the witness, not
an inclusion of his body in evidence,
when it may be material.
b. The right against self-incrimination
applies only to testimonial compulsion;
it does not apply where the evidence
sought to be excluded is an object
evidence.
2. Compulsion to perform acts requiring
evidence
a. Writing is not a purely mechanical act,
because it requires the application of
the intelligence and attention.
b. There is a similarity between one who is
compelled to produce a document, and
one who is compelled to furnish a
specimen of his handwriting; in both
cases, the witness is required to furnish
evidence against himself.
i. Re: specimen, the witness is
compelled to write and create, by
means of the act of writing,
evidence which does not exist.
3. Compulsion to produce private books and
papers of the owner
a. Limited to private documents
Norms to Observe when invoking the right against
self-incrimination:
1. Criminal Proceedings
a. Accused may assert the right from the
moment he is asked to testify; may
refuse to take the stand as he has an
absolute right to be silent.
b. Witness may assert the right only when
the incriminating question is asked.
2. Administrative or Quasi-Judicial Proceedings
which are penal in nature
(forfeiture/revocation of license)
a. Same as criminal proceedings
3. Civil, Administrative, and other Proceedings:
a. Defendant/Witness may assert the right
only when the incriminating question
is asked; he must wait until the
incriminating question is asked.
Application of Double Jeopardy:
1. A first jeopardy must have attached prior to
the second. It attaches when all the following
are present:
a. There is a valid complaint or
information.
b. Such information is before a court of
competent jurisdiction.
c. Accused has been arraigned and has
pleaded to the charge.
2. The first jeopardy must have terminated. It
terminates when there is either:
a. Conviction
b. Acquittal
c. Dismissal without the express consent
of the accused
d. Dismissal based on the merits due to:
i. Violation of speedy trial
ii. Demurrer to evidence
iii. Discharge as a state witness
(equivalent to an acquittal)
3. The second jeopardy must be for the same
offense as that in the first. Present when either:
a. The second jeopardy is for the same
offense.
b. The second offense includes or is
necessarily included in the offense
charged in the first information.
c. The second offense is an attempt or a
frustration of the first offense.
Note:
1. 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.
2. If an act violates two different statutes or two
different provisions of a statute, prosecution
under one is not a bar to prosecution under the
other.
3. When an accused appeals his conviction, he
waives his right to the plea of double jeopardy.
a. The reviewing court may also impose on
him a penalty higher than that imposed in
the decision appealed by him.
Exceptions to the right against double jeopardy:
1. Supervening event
2. Late discovery of facts
3. Plea to lesser offense without consent of
prosecutor and private offended party
Difference between the right to speedy trial and the
right to speedy disposition of cases:
1. Speedy trial in Sec. 14 only covers the trial
phase of criminal cases.
2. Speedy disposition of cases in Sec. 16 covers all
phases of any judicial, quasi-judicial or
administrative proceedings.
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Quick List – CONSTI II
Special Writs:
Habeas Corpus Amparo Habeas Data Requisites for Suspension of the Privilege of the Writ
Right to Right to life, Right to of Habeas Corpus:
liberty; illegal liberty and privacy in life, 1. Existence of actual invasion or rebellion
confinement or security; liberty, and 2. Public safety requires suspension
detention extrajudicial security
killings, enforced When the Writ of Amparo is not available:
disappearances 1. Purely property or commercial rights
and threats thereof 2. Amorphous and uncertain grounds
Seeks to Intended to Remedy to 3. Restriction of a person’s right to travel as a
inquire into all address violations protect a consequence of pendency of a criminal case
manner of of or threats to the person’s right 4. Obtaining custody over a minor child involving
involuntary right of life, liberty to control issues of parental authority
restraint and to and security, information
relieve a person particularly regarding When the Writ of Habeas Data is not available:
therefrom if extralegal killings one’s self, 1. State interests outweighs the alleged intrusion
such restraint is and enforced where such of a person’s private life.
illegal disappearances information is 2. Purely property or commercial concerns
being
collected Article III, Section 18
through Exceptions to involuntary servitude:
unlawful 1. Punishment for a crime
means to 2. In the interest of national defense, military or
achieve civil service may be compelled.
unlawful 3. Posse comitatus – obligation of the individual to
means assist in the protection of the peace and good
Writ may not To be available, The writ must order of his community
be suspended, government be directed to 4. Return to work order
but he privilege involvement is entities
of the writ may indispensable. It ENGAGED in Limitations on the Enactment of Penal Laws:
be suspended.2 must be proven gathering, 1. No person shall be detained solely by reason of
that it was carried collecting, or his political beliefs and aspirations. (Sec. 18(1))
out/authorized by storing data a. No political prisoners
the State or a 2. Excessive fines shall not be imposed. (Sec. 19(1))
political a. Excessive when disproportionate to the
organization. offense
3. Cruel, degrading or inhuman punishment
When the writ of Habeas Corpus is not available: cannot be inflicted. (Sec. 19(1))
1. When there is no deprivation of liberty or a. Must be flagrantly and plainly
restraint oppressive and wholly
2. When the deprivation of liberty or restraint is disproportionate to the nature of the
legal offense as to shock the moral sense of the
3. To correct alleged erroneous orders of the court community OR when they involve
4. When person deprived of liberty through torture or lingering death
involuntary restraint/detention has been released 4. No person shall be imprisoned for debt or non-
5. When the illegal detention becomes legal by payment of a poll tax (cedula tax or residence
virtue of court processes tax). (Sec. 20)
6. When the privilege of the writ is suspended by 5. No ex post facto law or bill of attainder shall be
the President in cases of invasion or rebellion, enacted. (Sec. 22)
when the public safety requires it

2
Privilege of the writ – right to have an immediate
determination of the legality of the deprivation of physical
liberty
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Quick List – CONSTI II
a. Ex post facto law is a retrospective
penal law which is prejudicial to the
accused.
b. Bill of attainder is a legislative act which
inflicts punishment without trial;
substitutes a legislative act for a judicial
determination of guilt.
Guidelines in determining whether a punishment is
cruel and unusual:
1. A punishment must not be so severe as to be
degrading to the dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary
society.
4. It must not be excessive.
Article III, Section 22
Ex post facto law is one which either:
1. Makes criminal an act done before the passage
of the law and which was innocent when done,
and punishes such act
2. Aggravates a crime, or makes it greater than it
was, when committed
3. Prescribes greater punishment for a crime
already committed
4. Alters legal rules of evidence so as to make it
substantially easier to convict a defendant
5. Alters, in relation to the offense or its
consequences, the situation of the person, to his
disadvantage
6. Assumes to regulate civil rights and remedies
only, in effect imposes penalty and deprivation
of a right for something which when done was
lawful
7. Deprives a person accused of a crime some
lawful protection to which he has become
entitled, such s the protection of a former
conviction or acquittal or a proclamation of
amnesty
8. Gives a law retroactive application to the
prejudice of the accused
Elements of a Bill of Attainder:
1. There must be a law.
2. The law imposes a penal burden on a named
individual or easily ascertainable members of a
group.
3. The penal burden is imposed directly without
judicial trial.
Article IV
Who are Filipino Citizens?
1. Those who are citizens of the Philippines at the
time of the adoption of the 1987 Constitution
a. Citizens under the Treaty of Paris
b. Declared citizens by judicial declaration
applying the jus soli principle
c. Naturalized under the law
d. Those citizens under the 1935 and 1973
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
Note: The Philippines follow the principle of jus
sanguinis (blood relationship), as opposed to jus soli
(place) in terms of granting citizenship.
Kinds of Naturalization laws in the Philippines:
1. General law of naturalization applied through a
judicial process – CA 473 or the Revised
Naturalization Law
2. Special naturalization law, i.e. an act of the
legislature making a named individual citizen of
the Philippines
3. Mass naturalization law – Philippine bill of
1902 (all inhabitants continuing to reside are
Filipino citizens)
4. General law of naturalization applied through a
combination of administrative process and
presidential legislative process
5. Administrative Naturalization Law – RA 9139
Note: CA 473 and RA 9139 are separate and distinct laws.
CA 473 covers aliens regardless of class, while RA 9139
covers native-born aliens who lived in the Philippines all
their lives, and have demonstrated love and loyalty to the
Philippines. The latter was enacted to make the process of
acquiring Philippine citizenship less tedious and more
encouraging.
Kinds of Naturalization:
1. Direct Naturalization
2. Derivative Naturalization
a. Wife of the naturalized husband
b. Minor children of the naturalized parent
c. Alien woman upon marriage to a national
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Quick List – CONSTI II
Loss of Philippine Citizenship:
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing to an oath of allegiance to
support the Constitution or laws of a foreign
country upon attaining 21 years of age
4. By rendering service to or accepting commission
in the armed forces of a foreign country
5. By cancellation of the certification of
naturalization
6. By having been declared by competent authority
a deserter of the Philippine armed forces in
time of war
7. In case of a woman, upon her marriage to a
foreigner, if by virtue of the laws in force of her
husband’s country, she acquires his nationality.
Re-Acquisition of Philippine Citizenship:
1. Naturalization
2. Repatriation
3. By taking an oath of allegiance – applies to
former natural-born Philippine citizens who may
have lost their citizenship by reason of their
acquisition of a foreign citizenship (RA 9225)
4. By direct act of Congress
Some Legal Concepts:
Repatriation is the process of reacquiring one’s
original citizenship when such is lost because of express
renunciation, naturalization in another country, oath of
allegiance to a foreign country, desertion of the armed
forces in times of war, among others. It has the effect of
reacquiring one’s own original citizenship, natural born or
naturalized, and has retroactive effect from the time of
application, according to jurisprudence.
Naturalization is the legal act of adopting an alien, and
clothing him with the privileges of a natural-born
citizen. A person may be naturalized either by complying
with both the substantive and procedural requirements of
a general naturalization law, or he may be naturalized by
a special act of legislature.
Re-acquisition of citizenship is similar to repatriation
except that it applies only to cases of loss of citizenship
other than those provided for under repatriation. Also, the
repatriation in this case, such that in RA 9225, allows for
dual citizenship, where one is not necessarily required
to renounce foreign citizenship.
Retention is granted to those persons who apply for
naturalization in a foreign country without having to
renounce his former citizenship. This is made possible
by RA 9225, where an application for naturalization in a
foreign country does not have the effect of renouncing the
Filipino citizenship.
Article V
Who may exercise suffrage?
1. Filipino citizen
2. At least 18 years of age
3. Has resided
a. In the Philippines for at least one year
b. In the place wherein they propose to
vote, for at least six months
immediately preceding the election
4. Not otherwise disqualified by law
Requisites to effect a domicile of choice:
1. Presence in the new locality
2. Intention to remain there (animus manendi)
3. Intention to abandon old domicile (animus non
revertendi)
Article XIII
Two principal goals of social justice:
1. The creation of more economic opportunities
and more wealth
2. Closer regulation of the acquisition, ownership,
use and disposition of property in order to
achieve a more equitable distribution of
wealth and political power
Goals of agrarian reform:
1. Efficient production
2. A more equitable distribution of law which
recognizes the right of farmers and regular farm
workers who are landless to own the land they till
3. A just share of other or seasonal farm workers
in the fruits of the land
Powers and Functions of the CHR:
1. Investigative powers
2. Rule-making powers and contempt powers
3. Provide legal measures, remedies and aid
4. Visitorial powers
5. Other powers
Note: CHR does not have adjudicatory powers, as well
as to issue cease-and-desist orders (injunctive powers).
Article XIV
Four essential academic freedoms:
1. Who may teach
2. What may be taught
3. How it shall be taught
4. Who may be admitted to study