Reacquisition of Citizenship
May be reacquired by naturalization or by
repatriation or by a direct grant by law.
For women who have lost their citizenship thru
marriage to aliens, (2) and for natural-born
Filipinos, including their minor children, (3) and
for persons who have lost their citizenship
because of political or economic necessity, and
who are not disqualified,
o Repatriation is accomplished by taking
the oath of allegiance and registering in
the proper civil registry and in the
Bureau of Immigration.
o Processing of applications is done by
the Special Committee on Naturalization
(OSG)
Under RA 965 and 2630, those who lost
citizenship by serving in the US Armed Forces
could repatriate by only taking the oath of
allegiance and registering in the civil registry
where they reside
However, under RA 8171, only the following
may be repatriated: (1) women who lost
citizenship by marriage and (2) those who lost
citizenship for political/economic reasons
One who is repatriated regains the level of his
former citizenship.
Marriage to an Alien Spouse
Marriage to an alien cannot strip one of their
Filipino citizenship. Only acts and omissions
may constitute explicit or implicit renunciation of
citizenship.
However, this provision is prospective and
cannot restore citizenship already lost by
marriage under the old law (CA 63).
Dual Citizenship
Dual Citizenship is the status of a person who is
a legal citizen of two or more countries.
It is clear that the Constitution allows for the
possibility of dual citizenship (Sec. 1(2), Sec. 4).
It arises from the fact that PH law cannot control
the laws of other countries on citizenship.
If PH citizenship is acquired thru naturalization,
the law can require one to renounce the foreign
nationality. Under Sec. 3, the legislature can
also make the acquisition of a foreign
citizenship that is not thru marriage a cause of
loss of PH citizenship.
Dual Allegiance (Sec. 5) refers to the situation
in which a person simultaneously owes, by
some positive act, loyalty to two or more states.
Sec. 5 arose from the concern about the impact
of liberalized naturalization on the policy on
exploitation of natural resources and national
security.
It is international and can be insidious. Dual
citizenship, however, is often an accident from
marriage or birth on foreign soil.
ARTICLE VIII: JUDICIAL DEPARTMENT
Judicial Power
Defined by Sec. 1 Art. VIII
The measure of allowable scope of judicial
action.
The right to determine actual controversies
arising between adverse litigants, duly instituted
in courts of proper jurisdiction.
The authority to settle justiciable controversies
or disputes involving rights that are enforceable
and demandable before the courts of justice or
the redress of wrongs for violation of such
rights.
The Court can never attempt to assume nor be
compelled to perform non-judicial functions.
Not exercised to address moot questions.
Declaratory Relief
Declaratory Relief is an action by any person
interested under a deed, will, or contract, or
other written instrument, or whose rights are
affected by a statute, ordinance, EO, or
construction or validity arising from these and
for a determination of his rights or duties
thereunder.
Requisites:
1. Justiciable controversy
2. Controversy must be between persons
whose interests are adverse
3. Legal standing
4. Issue must be ripe for judicial determination
Judicial Review
Judicial Review is the power of the Supreme
Court to test the validity of legislative acts.
It is not political but judicial.
Requisites of Judicial Review
Actual Case or Controversy
o The Court has no power to resolve
hypothetical or feigned constitutional
problems.
o There must be a genuine conflict of legal
rights and interests which can be
resolved through judicial determination.
o A case is deemed moot if it ceases to
present a justiciable controversy by
virtue of supervening events, so that a
 declaration thereon would be of no
practical use or value.
Exceptions to mootness:
1. There is a grave violation of
the Constitution;
2. The exceptional character of
the situation and the
paramount public interest is
involved
3. When the constitutional issue
raised requires formulation of
controlling principles to guide
the bench, the bar, and the
public; and
4. The case is capable of
repetition yet evading review.
o Ripeness refers to the readiness for
adjudication. A case is premature if it
rests upon contingent future events that
may or may not occur at all.
Legal Standing / Proper Party
o Legal standing or locus standi refers to
the right of appearance in a court of
justice on a given question.
o A proper party is one who has sustained
or is in immediate danger of sustaining
an injury in result of the act complained
of.
Earliest Opportunity
o A constitutional question must be raised
at the earliest possible opportunity, such
that if it is not raised in the pleadings, it
cannot be considered at the trial, and, if
not considered in trial, cannot be
considered on appeal.
o Exceptions:
1. In criminal cases, the constitutional
question can be raised at any time in
the discretion of the court.
2. In civil cases, the constitutional
question can be raised at any stage
if it is necessary to the determination
of the case itself.
3. In every case, except where there is
estoppel, the constitutional question
may be raised at any stage if it
involves jurisdiction of the court.
Lis Mota
o The motivation/cause of the suit has
to be constitutionality.
o The Court will not touch the issue of
unconstitutionality unless it really is
unavoidable or is the very lis mota.
Effects of Declaration of Unconstitutionality
When the courts declare a law to be
inconsistent with the Constitution, the
former shall be void and the latter shall
govern.
Doctrine of Operative Fact
o Some of the effects of an
unconstitutional law can be
recognized.
o For practicality, not all effects of the
law can be reversed.
o Vested rights cannot be taken.
o People can still incur criminal
liability.
Justiciable v. Political Questions
Justiciable questions are ones who call upon
the duty of the courts to settle actual
controversies involving rights which are legally
demandable and enforceable.
Political questions refers to: (1) matters to be
exercised by the people in their primary political
capacity; or (2) those specifically delegated to
some other department or particular office of
the government, with discretionary power to act.
It is concerned with issues dependent upon the
wisdom, not legality, of a particular measure.
GOVERNMENT
The Government is defined as the institution or
aggregate of institutions by which an
independent society makes and carries out
those rules of action which are necessary to
enable men to live in a social state.
Imposed upon the people forming a society by
those who possess the power or authority of
prescribing them.
The Government of the Rep. of the PH
o Refers to the corporate governmental
entity thru which the functions of
government are exercised throughout
the PH islands, including, save as the
contrary appears from the context, the
various arms thru which political
authority is made effective in said
islands, whether pertaining to the central
government or to the provincial or
municipal branches or other form of
local government.
Constituent Functions
o The compulsory functions which
constitute the very bonds of society.
1. keeping of order and providing protection
 2. fixing of legal relations between man and
wife, and children
3. regulation of the holding, transmission and
interchange of property
4. define crime and punishment
5. regulates and determines contract between
individuals
6. dealings of state with foreign powers
Ministrant Functions
o The optional functions intended for
achieving a better life for the community.
1. public works
2. public education
3. public charity
4. health and safety regulations
5. trade and industry
o How to determine whether the
government shall exercise an optional
function:
1. A government should do for the
public welfare those things which
private capital would not naturally
undertake
2. A government should do those
things which by its very nature it is
better equipped to administer for the
public welfare than is any private
individual or group of individuals.
De Jure Government
o The legal, legitimate government of
a state and is so recognized by other
states and the people.
o One established by authority of the
legitimate sovereign.
De Facto Government
o Exercises power or control but
without legal title.
o One established in defiance of the
legitimate sovereign.
Parens Patriae
o Literally, parent of the people. One
of the important tasks of the
government is to act for the State as
parens patriae, or guardian of the
rights of the people.
o This prerogative of parens patriae is
inherent in the supreme power of
every state, whether that power is
lodged in a royal person or in the
legislature
State immunity from suit
o The State cannot be sued without its
consent.
o There can be no legal right as
against the authority that makes the
laws on which the right depends.
Also called the doctrine of Royal
Prerogative of Dishonesty.
o If the State is amenable to suits, all
its time would be spent defending
itself from suits and this would
prevent it from performing it other
functions
o A suit is against the State regardless
of who is named the defendant if:
it produces adverse
consequences to the public
treasury in terms of
disbursement of public funds
and loss of government
property.
cannot prosper unless the
State has given its consent.
o In the following instances, it was
held that the suit is not against the
State:
when the purpose of the suit
is to compel an officer
charged with the duty of
making payments pursuant to
an appropriation made by
law in favor of the plaintiff to
make such payment, since
the suit is intended to compel
performance of a ministerial
duty.
when from the allegations in
the complaint,
it is clear that the respondent
is a public officer sued in a
private capacity;
when the action is not in
personam with the
government as the named
defendant, but an action in
rem that does not name the
government in particular.
HOW THE STATES CONSENT TO BE
SUED IS GIVEN:
Express consent
 o It is effected only by the will of the
legislature through the medium of a
duly enacted statute.
o It may be embodied either in a:
General Law - authorizes any
person who meets the
conditions stated in the law
to sue the government in
accordance with the
procedure in the law
Special Law - may come in
the form of a private bill
authorizing a named
individual to bring suit on a
special claim
Implied consent
o When the State enters into a
business contract or itself
commences litigation.
o State may only be liable for
proprietary acts (jure gestionis) and
not for sovereign acts (jure imperii)
o When state files complaint, suability
will result only where the
government is claiming affirmative
relief from the defendant.
o When it would be inequitable for the
State to invoke its immunity.
o In instances when the State takes
private property for public use or
purpose.
When does Liability Attach?
o The Government is only liable for the
acts of its agents, officers and
employees, when they act as special
agents within the meaning of Art.
2180 (6) CC.
o Special Agent - one who receives a
definite and fixed order or
commission, foreign to the exercise
of the duties of his office if he is a
special official. This concept does
not apply to any executive agent
who is an employee of the active
administration and who on his own
responsibility performs the functions
which are inherent in and naturally
pertain to his office and which are
regulated by law and the regulations.
o Unauthorized acts of government
officials or officers are not acts of the
State, and an action against the
officials or officers by one whose
rights have been invaded or violated
by such acts, for the protection of his
rights, is not a suit against the State.
o The doctrine of immunity from suit
will not apply and may not be
invoked where the public official is
being sued in his private and
personal capacity as an ordinary
citizen, for acts without authority or
in excess of the powers vested in
him.
o When the Government creates a
corporation, it invariably provides
this corporation a separate entity
and with the capacity to sue and be
sued.
o Consent to be sued includes actions
based on quasi-delict even though
committed by regular, and not
special, agents.
o Rule: a government entity can be
sued for tort, but if it is, it can invoke
the defense that it acted through its
regular employee, and not through a
special agent.
o The principle of State immunity from
suit does not apply when the relief
demanded requires no affirmative
official action on the part of the State
or the affirmative discharge of any
obligation which belongs to the State
in its political capacity, even though
the officers or agents who are made
defendants claim to hold or act only
by virtue of a title of the State and as
its agents and servants.
SOVEREIGNTY
Supreme and uncontrollable power inherent in a
State by which the State is governed.
An entity is not a State unless it has
competence, within its own constitutional
system, to conduct international relations with
other states.
Sovereignty resides in the people and all
government authority emanates from them.
It is normally delegated by the people to the
government.
Government officials only have the authority
given to them by law, and such authority only
continues with the consent of the people.
The rule of law is a government of laws and not
a government of men.
Constitutive Theory
 o Recognition constitutes a state and what maintenance of a proper economic and
makes a state a state and confers legal social equilibrium in the interrelations of the
personality on the entity. members of the community, constitutionally,
Declaratory Theory through the adoption of measures legally
o Recognition is merely declaratory of the justifiable, or extra-constitutionally, through
existence of the state and that its being a the exercise of powers underlying the
state depends upon its possession of the existence of all governments on the time-
required elements and not upon recognition. honored principle of salus populi est
suprema lex (the welfare of the people shall
INCORPORATION CLAUSE, ADHERENCE TO be the supreme law).
INTERNATIONAL LAW Under Art. II Sec 10, The State shall
1. Renunciation of War promote social justice in all phases of
The power to wage a defensive war is the national development.)
essence of sovereignty. However, social justice does not tolerate
The Constitution makes defense of the state behavior that is contrary to law.
a duty of government and of the people and Social rights are different from the bill of
gives Congress the power to declare a state rights, the former are not rights in the strict
of war. sense that the latter are.
As a member of the UN, the PH shall refrain Satisfaction of social justice depends on the
from threat or the use of force against legislation. Congress is expected to
territorial integrity or political independence exercise powers needed to achieve radical
in their international relations. social reform of critical urgency.
2. Adoption of International Law
It is the acceptance of the dualist view of
legal systems, namely that domestic law is
distinct from international law.
International law is part of the law of the
land.
Doctrine of Transformation an
international law can become part of
municipal law if it is transformed into
domestic law thru the appropriate
constitutional machinery
Doctrine of Incorporation international
law is held to be a part of the law of the land
and is adopted in its full extent by the
common law whenever any question arises
which is properly the object of its
jurisdiction.
The principle of incorporation applies only to
customary law and to treaties which have
become part of customary law.
The doctrine of immunity from suit of a
foreign state is likewise a principle of
international law accepted in our jurisdiction.
3. Adherence to Policy of Peace, Freedom, and
Amity
The guiding principle of PH foreign policy is
the national interest.

SOCIAL JUSTICE
Social justice means the promotion of the
welfare of all the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
competent elements of society, through the