UNIVERSITY OF SANTO TOMAS- LEGAZPI

Rawis, Legazpi City

CASE Department

CHAPTER 10
Article III, IV, and V

By:

Jolan Rey R. Gonzales

(1-BA Political Science)

Class Schedule:
(TTH 10:30- 12:00)

Mr. Jesus Barizo

Instructor
1987 Philippine Constitution
Article III. Bill of Rights
Bill of rights – declaration and enumeration of a person’s rights and privileges which the
Constitution is designed to protect against violation by the government and other individuals.
Classes of Rights

1. Natural rights – right possessed by any person even without being granted by the state 2.
Constitutional rights –right granted and protected by the constitution
3. Statutory rights – rights granted by the laws promulgated by the law-enacting bodies

Section 1. Right to due process of law and equal protection

“No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws”

Due process – process that hears before it condemns and proceeds upon inquiry and renders
judgment only after trial. ***law/ right apply to every person within the territorial jurisdiction of
the Philippines, including foreigners.
Equal protection of the laws – all persons subject to legislation should be treated alike.
Limitations:
1. For the welfare of the public
2. Limited by the inherent powers of the state

Section 2. Right against illegal search and illegal arrest

“The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized”

General rule: Search = Valid Search Warrant Arrest = Valid Warrant of Arrest

Exemptions: Warrantless Search/ Search without a valid search warrant 1. Consented search 2.
Search incidental to a lawful arrest 3. Search on ports of entry 4. Search on moving vehicles 5.
Plain view doctrine
Citizen’s arrest/ Warrantless arrest

1. In flagrante delicto – caught in the act

2. Personal knowledge of the arresting officer
3. Escaped Prisoner Section

Section 3. Right to Privacy of Communication

“The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law”

Right to privacy – right to be left alone; free from undesired publicity and disclosure. Limitations:
1. Lawful order of the court; and
2. Public safety or order requires Fruit of the Poisonous Tree Doctrine

“Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding”

Section 4. Right of Expression

“No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of
grievances”
Speech and expression – include any form of oral utterances, pictures, actions and the like
Press – includes any sort of publication
Right to assembly – right on the part of the citizen to meet peaceably for consultation
Right to petition – right of any person or group of persons to apply w/o fear any complaints or
suggestion before the government offices
Limitations:
1. Subject to regulation by the state– for public safety, public health, public order and the like
2. Subject to regulation by the law/ court

Section 5. Right to Choose a Religion and to Exercise

Religious Beliefs

“No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for
the exercise of civil or political rights”

Religious freedom – right of man to worship God or whomever or whatever he/she chooses to
worship Aspects of Religious Freedom:

1. Freedom to believe – absolute right of every individual to believe whatever they want to believe
2. Freedom to act – this is not absolute; actions based on religious beliefs is limited
Limitations (Same with Section 4)

Section 6. Right of Abode and to Travel

“The liberty of abode and of changing the same within the limits prescribed by law shall not
be impaired except upon lawful order of the court.”

Neither shall the right to travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law”

***It is the right of a person to have his home in whatever place chosen by him and thereafter to
change it at will, and to go where he pleases w/o interference from any source. Limitations (Same
with Section 4)

Section 7. Right to Information on Matters of Public Concern

“The right of the people to information on matters of public concern shall be recognized.
Access to official records, and to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such limitations as may be provided by
law”

Scope of the Right:

1. Right embraces all public records

2. Limited to citizens only w/o prejudice to the right of aliens to have access to records of cases
where they are litigants; and

3. Exercise of this right is limited by law Limitation: - Public records related to national security
and other records which are confidential in nature cannot be given to anybody who request for it.
Writ of Habeas Data – judicial remedy available to any individual whose right to privacy in life,
liberty and security is violated or threatened by an unlawful act or omission of public official or
employee

Section 8. Right to Form Associations

“The right of the people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not be abridged”
***Freedom to organize or to be a member of any group or association, union or society and to
adopt the rules which the members judge most appropriate to achieve their purpose Limitation:
Purpose must not be contrary to law.

Section 9. Right to Property

“Private property shall not be taken for public use without just compensation”

Eminent domain – right/ power of the state to take private property for public use upon paying to
the owner a just compensation.
Limitations:
1. Must be for public use
2. Payment of just compensation
3. Observance of due process of law

Section 10. Non-Impairment of Contract

“No law impairing the obligation of contracts shall be passed”
Obligation of a contract – law or duty which binds the parties to perform their agreement
according to its terms or intent
Limitation: Contract must not be contrary to law, morals, good custom, public order or public
policy. Contracts are impaired = when its terms or conditions are changed by law or by a party
without the consent of the other.

Section 11. Right to Free Access to Courts and Quasi-Judicial Bodies

“Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty”

***One of the right of the accused is to have adequate legal assistance. To have adequate legal
assistance, the accused must have the right to enter the courts or any quasi-judicial bodies.
***Poverty is not a reason to deny the person the right to access the courts.
Section 12 of the 1987 Constitution
(also known as the Bill of Rights) states that any person under investigation for the commission
of a crime or 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 you can't afford a lawyer, the state will provide you with one.

The right to remain silent is emphasized because any statement you give can be used against you
in court.

Likewise, it is your right to call or have access to a lawyer at all times throughout the ordeal of
arrest or detention.

These rights cannot be waived "except in writing and in the presence of counsel," says the
Constitution.

Article IV Citizenship
CITIZENSHIP
Meaning of Citizenship

Citizenship refers to the membership of a person to a democratic state which bestows upon him/her full
civil and political rights (unless especially disqualified by law), and the corresponding duty to support and
maintain allegiance to the state. Such membership underscores the symbiotic relationship of the state, which
on the one hand gives protection to the citizen, and the citizen, who on the other hand is duty bound to
support the state.

Citizens of the Philippines

1. Classification. There are four instances enumerated in the Constitution as to who are considered citizens
of the Philippines. Section 1, Article IV of the Constitution, provides:

“The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching
the age of majority; and

(4) Those who are naturalized in accordance with law.”

First, those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution, referring
to those who were already Filipinos under the 1973 Constitution and were still citizens at the time of the
passage of the 1987 Constitution. Second, those who are Philippine citizens because either their fathers
“or” mothers are Philippine citizens. Third, those whose fathers are foreigners, and then later elected their
Philippine citizenship upon reaching 18 years old in accordance with 1935 Constitution which was in effect
at the time of their birth. And fourth, those who are naturalized under the procedures provided by law.

2. Natural Born and Naturalized Citizens. Basically, there are only two categories of Philippine citizens:
the natural born and the naturalized. On the one hand, a natural born citizen is someone who is already a
Filipino at the time of his birth and does not have to do anything to acquire or perfect his citizenship (Sec.
2, Art. II). In other words, he is a Filipino by birth. On the other hand, a naturalized citizen is someone who
was once a foreigner then later on became a Filipino by legal fiction. Paragraph 2 (Either father or mother
is a Filipino) and paragraph 3 (Elect Philippine Citizenship) of the above provision are natural born citizens,
while paragraph 4 (naturalized under the law) refers to the naturalized citizen. Paragraph 1 (citizen at the
time of the adoption of the Constitution) may refer to either a natural born or naturalized citizen depending
on the kind of citizenship he has at the time of the adoption of the 1987 Constitution.

3. Principles Determining Citizenship. How can birth determine citizenship in the case of natural born
citizens? There are two principles that could answer this. First is the jus sanguinis principle, which states
that “blood relations” determine citizenship, and the second is the jus soli or jus loci principle, which states
that the “place of birth” determines citizenship. The Philippines adopts the jus sanguinis principle and is
now the underlying theory behind Article IV. Thus, someone becomes a Filipino by birth if either his mother
“or” father is a Filipino, so that by virtue of his blood relations to either his Filipino parents he is also a
Filipino. If Pedro, for example, has a Filipino mother and a foreigner father, then he is still a Filipino by
birth, and therefore a natural born citizen.

4. Old Rule. It must be noted that the present rule is different from that in the 1935 Constitution. Under the
old rule, those whose fathers are foreigners and whose mothers are citizens of the Philippines must still
elect their Philippine citizenship upon reaching 18 years old. In other words, citizenship depends upon
blood relations with the father. This was no longer the rule under the 1973 Constitution and under the
present Constitution. Citizenship is now attributable to both the father and mother. But for those who were
born during the effectivity of the 1935 Constitution, or before January 17, 1973 (the date of promulgation
of the 1973 Constitution), they must still elect their Philippine citizenship upon reaching the age of majority.
For instance, if Pedro was born in January 1, 1970, of a Chinese father and a Filipino mother, then in 1988
when he is already 18 years old, he must elect his Philippine citizenship. Under Section 2, Article II, those
who elect their Philippine citizenship are still deemed natural born citizens.

Naturalized Citizens

1. Who are Naturalized Citizens? Naturalized citizens those are clothed by law with the rights and privileges
accorded to a citizen of the Philippines, as well as bound by their duties to the State. In other words, they
are also Filipinos. Thus they can vote during elections, acquire real property, and engage in business, among
others. They must likewise observe loyalty to the Philippines, pay their taxes, and obey the laws and duly
constituted authorities of the land. However, they cannot be elected President or Vice-President, or member
of the Congress, or appointed justice of the Supreme Court or lower collegiate courts, or member of any of
the Constitutional Commissions, or Ombudsman or his Deputy, or member of the Central Monetary
Agency. These are among the restrictions to a naturalized citizen which are reserved only to a natural born
citizen, who is by birth and heart a Filipino.
2. Naturalization entails renunciation of former allegiance and the subsequent act of formal entrance into a
new body politic. The grant of citizenship by naturalization is an act of grace on the part of the State. Just
as the State can confer or grant citizenship, it can also withhold or take away the same. Thus, aliens or
foreigners do not have a natural or inherent right to demand membership to the State.

3. Kinds of Naturalization. The government, through its three branches, can confer citizenship by
naturalization. Hence, a foreigner can be naturalized in either of three ways:

(a) Judicial naturalization refers to naturalization by means of court judgment pursuant to the “Revised
Naturalization Act.” Applications are filed with the proper Regional Trial Court which will render the
decree of naturalization;

(b) Legislative naturalization refers to naturalization by means of a direct act of Congress, that is, by the
enactment of a law by the Congress declaring therein that a foreigner is conferred citizenship and admitted
into the political community; and

(c) Administrative naturalization is naturalization by means of administrative proceedings before the

Special Committee on Naturalization pursuant to the “Administrative Naturalization Law of 2000.”
Applicants must be aliens born and residing in the Philippines with all of the qualifications and none of the
disqualifications provided by law.

Lost and Reacquisition of Citizenship

1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that “Philippine citizenship may be
lost or reacquired in the manner provided by law.” There are two laws which provide the manner of loss of
citizenship. First is “Commonwealth Act No. 63” which provides that citizenship is lost by naturalization
in another country, by express renunciation of citizenship, by subscribing to an oath of allegiance to support
the constitution and laws of another country, by rendering service to a foreign armed forces, and by
deserting the armed forces of the Philippines. Second is Commonwealth Act No. 473 which states that
citizenship is lost by cancellation of certificate of naturalization by court, by permanent residence in the
country of origin for a period of five years from the time of naturalization, by an invalid declaration of
intent in the petition, by failure to with the educational requirements of the minor children, and by allowing
oneself to used by a foreigner.

2. Reacquisition of Citizenship. As far as reacquisition of citizenship is concerned, Commonwealth Act No.

63 also provides that citizenship which was lost may be reacquired by naturalization, by a direct act of
Congress, or by repatriation.

(a) Naturalization may be applied for by a former Philippine citizen who lost his citizenship under any of
the aforesaid ways. For example, Pedro was a Filipino who became a naturalized citizen in another country,
and as a result he lost his Philippine citizenship. If he applies for naturalization and later on the court gave
him a decree of naturalization, then he reacquires his Philippine citizenship.

(b) The Congress can also reinstitute, by means of a law, citizenship to those who lost it.

(c) Repatriation is accomplished by taking the necessary oath of allegiance to the Republic of the
Philippines and then registering the same in the proper Civil Registry and in the Bureau of Immigration.
This is available to women who have lost their citizenship through marriage to aliens, those who lost their
citizenship on account of economic and political necessity not otherwise disqualified by law, and deserters
of the Armed Forces of the Philippines.

3. R.A. No. 9225. Special note must be given to Republic Act No. 9225, otherwise known as “Citizenship
Retention and Reacquisition Act of 2003,”which amended Commonwealth Act No. 63. It provides that
natural born citizens of the Philippines who lost their citizenship because of naturalization in a foreign
country shall be deemed to have reacquired their Philippine citizenship upon taking the oath of allegiance
to the Republic of the Philippines. After the effectivity of RA 9225, those who are naturalized in a foreign
country shall retain their Philippine citizenship also upon taking the oath of allegiance to the Republic of
the Philippines. Thus, under the present law, it is the taking of the necessary oath of allegiance and
registration of the same that retains and reacquires Philippine citizenship.

4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an alien is not a ground for losing
Philippine citizenship, unless there is implied or express renunciation through acts or omissions. For
example, if Maria is married to Friedrich, a foreigner, and in Friedrich’s country his marriage confers on
Maria their citizenship, then Maria will not automatically lose her citizenship as provided by the
Constitution. What she has is dual citizenship. But if Maria subscribes to an oath of allegiance to her
husband’s country, then her act is deemed a renunciation of her Philippine citizenship, thus, a ground for
losing her citizenship.

Dual Allegiance and Dual Citizenship

1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV states, “Dual allegiance of citizens
is inimical to the national interest and shall be dealt with by law.” Dual allegiance happens when a
naturalized citizen of the Philippines maintains his allegiance to his country of origin. For example, if Joe,
who was a foreigner, becomes a naturalized citizen of the Philippines, and after naturalization he still
maintains his allegiance to his mother country, then his case is said to be one of dual allegiance. This is
prohibited by the Constitution to prevent a former foreigner, who gained political membership, to have
false allegiance or pretend loyalty to the Philippines.

2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does not prohibit dual citizenship.
Dual allegiance is different from dual citizenship. Dual citizenship happens when an individual is a citizen
of two countries because the laws of both countries confer upon him membership to their State. For
example, if Pedro’s parents are Filipinos and he is born in United State of America, he acquires Philippine
citizenship under the principle of jus sanguinis and American citizenship under the principle of jus soli.
Thus, he has dual citizenship because of the respective laws of the two countries. Another example is when
a Filipino marries a foreigner and thereby acquires the citizenship of the spouse, there is also dual
citizenship. The Philippines cannot prohibit dual citizenship because its laws cannot control the laws of
other states. It is dual allegiance that is prohibited because it is intentional while dual citizenship is generally
unintentional, in that it is only accidentally cause by birth in a foreign state or marriage with a foreigner.

3. Limitation on Dual Citizenship. Dual citizenship may be prohibited under special cases. For instance,
pursuant to the Constitution, RA 9225 requires that all those who are seeking elective public offices in the
Philippines to execute a personal and sworn renunciation of any and all foreign citizenship to qualify them
as candidates in the Philippine elections
Article V Suffrage

SUFFRAGE

Meaning of Suffrage

Suffrage is the right and obligation to vote. It is a political right conferred by the Constitution empowering
a citizen to participate in the process of government which makes the State truly democratic and republican.
Section 1, Article V, however, provides that “suffrage may be exercised…” thus, making it non-mandatory.
Failure to exercise such right is not punishable by law, but nonetheless makes a citizen irresponsible. In
other words, suffrage is an obligation but a non-mandatory one.

When Suffrage may be Exercised

Suffrage is exercised not only during elections, but also during initiatives, referendums, plebiscite, and
recalls. Election is the means by which the people choose their representatives who are entrusted the
exercise of the powers of the government. Initiative is the means by which people directly propose and
enact laws, that is, they initiate the law-making process. Referendum refers to process by which the people
ratify or reject a law or part thereof referred or submitted to them by the national or local law-making body.
Plebiscite entails a process by which the people either ratify or reject an amendment or revision to the
Constitution. And recall is a mode of removing an incumbent official from office by a vote of the people
upon proper registration of a petition signed by the required number of qualified voters. In all these
instances, a qualified citizen can rightfully exercise suffrage.

Who may Exercise Suffrage

1. Qualified Citizens Only. Suffrage can be exercised only by a citizen of the Philippines, who has none of
the disqualifications, at least eighteen years of age on the day of the election, and a resident of the
Philippines for at least one year and of the place where he intends to vote for at least six months immediately
preceding the election (Section 1, Article V). Suffrage is an attribute of citizenship, and therefore aliens
cannot exercise the same.

2. Reason for Lowering the Voting Age. The voting age was lowered down from 21 to 18 years old to
broaden the electoral base. If the voting age is 21, then only a small percentage of the total population of
the Philippines can vote. Moreover, according to psychologists, 18 to 21 year-old Filipino youth, living in
urban or rural areas, have the same political maturity. This is affirmed in many provisions of Philippine
law, in that the marrying age, the age when someone can enter into a contract, and the age when someone
can be called to defend the State, is 18 years old. It must be noted, however, “registration” may be done
before reaching the age of majority for as long as the voter is 18 years old on the day of the election.

3. Explanation of Residency Requirement. A citizen, in order to be qualified to vote, must have resided in
the Philippines for at least one year and for at least six months on the place where he intends to vote
immediately preceding the elections. The “one year residency requirement” means “permanent residence”
while the “six month residency requirement” means either “permanent or temporary residence.” On the on
hand, permanent residence or domicile requires bodily presence in the locality, the intention to remain there
(animus manendi), and an intention to return to it if one goes somewhere else (animus revertendi). If a new
residence is established, permanent residence requires an intention not to return to the old domicile (animus
non revertandi). For example, if a Filipino citizen works abroad to look for greener pastures, but still has
the “intention to return” to the Philippines, he can still exercise his right to vote since his domicile is still
in the Philippines. On the other hand, temporary residence only requires the intention to reside in a fixed
place. To be familiar with the needs of the locality, a voter must reside therein for at least six months
immediately preceding the elections. This is requirement for both national and local elections. In here, since
residence can also mean temporary residence, one can vote in either his locality of permanent residence or
locality of temporary residence during local or national elections. For example, Pedro is domiciled in
Tuguegarao City and is a registered voter therein. But he is working in Manila for more than six months
already, has established a temporary residence, and is likewise a registered voter there. Under the law, he
can vote in Tuguegarao city since he is a permanent resident of the place or in Manila since he has a
temporary residence there.

4. No Additional Substantive Requirement. Still in keeping with the trend for broadening electoral base,
the Constitution does not provide for “literacy, property or other substantive requirements.” Rather it
encourages the “participation” and “equalization” of the privileges and rights of the people. Being
democratic and republican, the State endeavors for the establishment of a wide base of electoral
involvement by the people, not only by the rich minority who joy the privilege of formal education, but
also by the poor majority who are usually unlettered because of poverty. It must also be emphasize that
there is no direct relationship between education or property, on the one hand, and capacity for intelligent
voting, on the other, in that even a rich and highly educated person may initiate and be swayed by sham
elections.

Absentee Voting

Because of the phenomenon of “Filipino labor explosion overseas,” the so-called “absentee voting system”
is mandated by the Constitution to be provided for, or legislated, by the Congress. Section 2, Article V
states, “The Congress shall provide… a system for absentee voting by qualified Filipinos abroad.” For as
long as they are qualified, overseas Filipino workers can still participate in elections despite their temporary
absence in the Philippines. While residency is a voting requirement, it must not be a reason for
disenfranchising thousands of Filipinos abroad whose hearts are still with the Philippines.

Importance of Suffrage

As a final note, the importance of suffrage cannot be overemphasized as it is the bed rock of Philippine
democracy and republicanism. Removed, then the Philippines is no longer democratic and republican. This
is why the Constitution mandates the Congress “to provide a system for securing the secrecy and sanctity
of the ballot.” The mandate becomes especially important now that the electoral base is broadened to
include the illiterate and the disabled who are the usual prey of unscrupulous politicians. Thus, to secure
the very essence of Philippine democracy and to protect the illiterates and disabled from being
disenfranchised, the Constitution also provides that “The Congress shall also design a procedure for the
disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed
to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the
secrecy of the ballot.